The agency now known as the Federal Bureau of Investigation was founded in 1908 when the Attorney General appointed an unnamed force of Special Agents to be the investigative force of the Department of Justice (DOJ). Before that time, the DOJ had to borrow Agents from the U.S. Secret Service to investigate violations of federal criminal laws within its jurisdiction. In 1909, the Special Agent Force was renamed the Bureau of Investigation, and after a series of name changes, it received its present official name in 1935.
During the early period of the FBIs history, its agents investigated violations of mainly bankruptcy frauds, antitrust crime, and neutrality violation. During World War One, the Bureau was given the responsibility of investigating espionage, sabotage, sedition (resistance against lawful authority), and draft violations. The passage of the National Motor Vehicle Theft Act in 1919 further broadened the Bureau's jurisdiction.
After the passage of Prohibition in 1920, the gangster era began, bringing about a whole new type of crime. Criminals engaged in kidnapping and bank robbery, which were not federal crimes at that time. This changed in 1932 with the passage of a federal kidnapping statute. In 1934, many other federal criminal statutes were passed, and Congress gave Special Agents the authority to make arrests and to carry firearms.
The FBIs size and jurisdiction during the second World War increased greatly and included intelligence matters in South America. With the end of that war, and the arrival of the Atomic Age, the FBI began conducting background security investigations for the White House and other government agencies, as well as probes into internal security matters for the executive branch of the government.
In the 1960s, civil rights and organized crime became major concerns of the FBI, and counterterrorism, drugs, financial crime, and violent crimes in the 1970s. These are still the major concerns of the FBI, only now it is to a greater extent..
With all of this responsibility, it is logical to say that the FBI is a field-oriented organization. They have nine divisions and four offices at FBI Headquarters in Washington, D.C. These divisions and offices provide direction and support services to 56 field offices and approximately 10,100 Special Agents and 13,700 other employees. Each FBI field office is overseen by a Special Agent in Charge, except for those located in New York City and Washington, D.C. Due to their large size, those offices are each managed by an Assistant Director in Charge.
FBI field offices conduct their official business both directly from their headquarters and through approximately 400 satellite offices, known as resident agencies. The FBI also operates specialized field installations: two Regional Computer Support Centers; one in Pocatello, Idaho, and one in Fort Monmouth, New Jersey -- and two Information technology Centers (ITCs); one at Butte, Montana, and one at Savannah, Georgia. The ITCs provide information services to support field investigative and administrative operations.
Because they do have so much responsibility, their investigative authority is the broadest of all federal law enforcement agencies. The FBI also stresses long term, complex investigation, emphasize close relations and information sharing with other federal, state, local, and foreign law enforcement and intelligence agencies. A significant number of FBI investigations are conducted with other law enforcement agencies or as part of joint task forces.
As part of this process, the FBI has divided its investigations into the following programs:
Applicant Program
Department of Energy and Nuclear Regulatory
Commission Applicants
Department of justice Candidates
FBI Special Agents and Support Applicants
and others
Civil Rights Program Civil Rights Act of 1964 Discrimination in Housing Equal Credit Opportunity Act
Counterterrorism Program Hostage taking Sabotage Attempted of Actual Bombings and others
Financial Crime Program Bank Fraud and Embezzlement Environmental Crimes Fraud Against the Government and others
Foreign Counterintelligence Programs Espionage Foreign Counterintelligence Matters
Organized Crime/Drug Program Drug Matters Money Laundering Organized Crime/Drug Enforcement Task Force Matters and others
Violent Crimes and Major Offenders Program Theft of Government Property Crime Aboard Aircraft Kidnapping - Extortion and others
These programs cover most everything that the FBI investigates, and some individual cases in a program often receives extensive investigative attention because of their size, potential impact, or sensitivity.
Because FBI Special Agents are responsible for handling so many different things, they have to go through rigorous training in the following areas: Academics, Firearms, Physical Training/Defense Tactics, and Practical Exercises. Within these four major areas are components like interviewing techniques, communications, computer skills, and drug investigations. Altogether there are 15 components in the four areas I listed previously. They receive all of this training at the FBI academy in Quantico, Virginia and must complete 645 hours (15 weeks) of instruction before they graduate.
The training in the academy is difficult, but those who have made it there have already passed the first test. To qualify for training as an FBI Agent, you must be:
1. a U.S. citizen
2. between the ages of 23 and 37 when entering on
duty;
3. hold a bachelors degree obtained in an accredited
four-year
resident program at a
college or
university; and
4. have three years full-time work experience, or
fluency in a
language for which the Bureau has a need
for.
After graduation from the FBI Academy, a new Special Agent is assigned to an FBI field office. This assignment is determined by the individuals special skills and the needs of the bureau. As part of their duties, Special Agents are required to relocate during their careers. Special Agents enter service in Grade GS 10 on the federal governments General Schedule pay scale and can advance to Grade 13 in field assignment.
In our society today, one of the most important things to us is our safety. Organizations like the FBI help protect us and investigate crimes to help prevent future ones. Their motto is Fidelity, Bravery, and Integrity, and I think that each one of those words is justified when it comes to describing the Federal Bureau of Investigation. When the duties of the FBI are stated in the mission it says to perform these duties in a manner that is responsive to the needs of the public and is faithful to the Constitution of the United States. f:\12000 essays\law & government (233)\Female Discrimination in the Labor Force.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Female Discrimination in the Labor Force In the past decades there has been a dramatic increase in the number of women participating in the labor force. This expansion has unfortunately shown how women are still being treated as inferior citizens when comparing their wages and the jobs they are hired for to that of men. Many women in similar occupations as men, and having the same qualifications are only paid a fraction of what their male counterparts are paid. The only reasonable explanation that can be found for this income gap is discrimination. This unfair treatment shown throughout the handouts illustrate how far people still have to go before equal treatment becomes standard. The increase in female participation started occurring during the 1970's. The number of women in the civilian labor force jumped from 23 million in the 1960's to 31 million in the 1970's. This leap would continue and increase in the 1980's and on into the 1990's. The result, in 1995, is a female labor force that numbers over 60 million. This comprised 46 percent of the civilian work force (10). A reason for the rise in participation by women may be in the way women saw marriage and children. Fewer women saw marriage as a settling down. Women who had children began to return to their jobs. The number of working women that were either married or had children or both increased dramatically. In 1965, women with children under 18 years of age numbered 35.0 percent of the labor force. This number increased to 47.4 percent in 1975. In ten years it was 62.1 percent and finally in 1995 it had grown to 69.7 percent (7). This showed that the female attitude towards having children and marriage has changed. According to the handouts, in 1970 women were paid poorly when compared to their male counterparts. The female worker had a median yearly earning of 19, 101 dollars. This was only 59.4 percent of what the males made. This does start to change in the 1980's as female earnings rose to 60.2 percent of men's. Five years later it had reached 64.6 percent. By 1990, the female's earnings had risen to 71.6 percent of what a man would make (2). Women in the workplace have always been discriminated against. Ever since the first women started to work, they got paid less in the same positions that men held before them. In 1995, the top level managerial and professional specialty jobs were held by 7 million men and 5 million women. Those women made a weekly salary of 570 dollars while those men made 833 dollars. This is also true in many other occupations such as sales and technical operations (6). Some would say that this is the case because men are better qualified and more competent in their jobs. Since the year 1981, women have graduated from college in greater numbers than men. Women had 465, 000 graduates while men had 470, 000 in 1980. This gap would be closed and eclipsed by women in 1981. That year 480, 000 women earned a bachelors' degree while men only had 473, 000 (4). The gap in the number of college graduates is increasing in favor of women. So, it would seem that there are more highly qualified women out there than there are men. Then why is it that men are still being paid more? Discrimination seems the only viable answer to the earnings gap. When one looks at the mean income of year-round workers in 1994, men with only some college experience still made more than women with a bachelors' degree. This gap increases as the level of educational accomplishment rises. Men with a master's degree made an average yearly salary of 62, 368 dollars while women with the same degree made only 43, 601 dollars (5). These numbers seem to greatly support the discrimination case. When women first entered the labor force they were hassled by the males because they were traditionally supposed to only work in the house and take care of the family. This is one of the reasons why women are still to this day paid less than men. Male disapproval of female workers is reflected in their low wages and the small number of women in managerial positions. In 1986 only 23.7 percent of the female working population held managerial positions. The number increased to only 29.4 percent in 1995 (8). This stagnation shows that women are still not making inroads into the upper echelon of businesses. Another reason for the earnings gap between men and women may be because of the types of jobs women typically hold. Of the 57 million female workers employed in 1994, a majority worked in technical, sales, and clerical occupations. These jobs are typically low paying jobs that have been traditionally filled by female workers. However, in the past few years, substantial progress has been made by women in obtaining jobs in the managerial and professional specialties . Even with the increases, women are still employed mostly for technical, sales, and administrative support positions (3). Even with these reasons, women are still being paid less than men in the same jobs. In almost every occupational category, women are paid less than men. In 1995 women in managerial and professional specialties were paid a median weekly earning of 605 dollars where men made 829 dollars. Even in jobs that are traditionally dominated by females, men make more. In 1995, there were 3 million male workers and 10 million female workers in the clerical and administrative support fields. Yet the median weekly earnings of these full-time workers were much higher on the men's side. They made on average 489 dollars while the females made only 384 dollars (6). With this in mind, one can see that men are being paid more than women no matter what the job. Since 1970, statistics drawn by the Department of Commerce, Bureau of the Census has shown that the earnings gap between men and women has been closing. In 1970 women made 59.4 percent of what men made. In 1985, this number increased to 64.6 percent and in 1990 would become 71.6 percent. In the same period men have seen a slight drop in the amount of pay they got (2). However, this is in no way a justification for the unfair wage practices that male heads of businesses have been practicing over the last few decades. The female labor force is seen as an inferior working force. When looking at earnings and job distribution, a person could assume that women were in some way not as accomplished or competent as men. Yet, a more in depth investigation would show that women are just as qualified, if not more so, than men. A principal of equal pay for equal work should be employed by all businesses and would definitely close the income gap. Most people want to correct the unequal treatment of women in the work force. One method that can be used to support equality would be to introduce a federal legislation to guarantee equal pay for equal work if there isn't one already. The logistical problem with this solution though would be great. How would people measure the value of one person's work to another's? Who would decide this and how would it be implemented? Much still has to be done before this important issue is laid to rest. People's attitudes towards women in the work force is slowly starting to change. More opportunities are appearing for women workers. The unequal treatment of working women will take years to change, but change is occurring. This topic will remain until the day people are treated and paid equally based upon their abilities and not anything else. f:\12000 essays\law & government (233)\Fraud Essay.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Fraud What is a Fraud? A fraud is when one party deceives or takes unfair advantage of another. A fraud includes any act, omission, or concealment, involving a breach of legal or equitable duty or trust, which results in disadvantage or injury to another. In a court of law it is necessary to prove that a false representation was made as a statement of fact, that was made with the intent to deceive and to induce the other party to act upon it. It must be proven that the person who has been defrauded suffered a injury or damage from the act. Who commits a fraud and why? It is generally accepted that 20 percent of employees are honest. Another 20 percent are dishonest and don't mind doing wrong. That means the remaining 60 percent are potentially dishonest, that's a total of 80 percent of employees which may be dishonest. To understand fraud you first have to determine the contributing factors to why people commit fraud. Some people commit fraud for the sport and thrill of it. There are other recognizable reasons why honest people may commit a breach of trust. Need is the most common reason. A desperate financial need is usually the cause of most frauds. Still some people commit fraud to pay for an elevated life style which other wise they could not afford. Needs arise from a number of locations these include: Drug or alcohol addiction, Marriage break-ups and/of extravagant love affairs, Gambling Debts, Business losses, Unexpected family crises, Mounting debts, and the desire to live a lifestyle far beyond ones means. Fraud is costing society several hundred billion a year. Organizations loose close to 6 percent of annual revenue to fraud and abuse of social systems. Fraud costs Canadian organizations $100 billion annually. On the average, organizations loose $9 dollars a day per employee to fraud. On an average of fraudulent cases males received $185,000 and females received $48,000. A study done by the insurance industry indicates the groups most likely to commit fraud. The most typical person who may commit fraud is a college/university educated white male. Men were responsible for almost four times the fraud as were females. Losses caused by people with post-graduate degrees were five times greater than those caused by high school graduates. Fifty eight percent of fraud is committed by employees, which averages $60,000 per case. Twelve percent of fraud is cause by owners, which on the average costs the insurance companies $1 million per case. Fraud increases the cost of Canadians everyday living. It affects bank rates, insurance rates, credit card rates, and product costs. All companies that suffer losses factor in the loss to the premium and price the consumer pays. Fraud is a white collar crime because no one physically gets hurt. The victims of Fraud are usually: Small companies which have large clientele, such as Real estate, financial industry, and education industries. Fifty percent of fraud involves corporations with cash accounts. About ten percent of fraud arises from conflicts of interest, about five percent of fraud cases come from fraudulent statements. Presently the funds obtained by frauds are not recovered. Money obtained from crime is carefully hidden or spent avoiding recovery by the victims and authorities. It is extremely difficult to locate hidden money's in today's electronic age. Computers have increased the speed of transactions and thus often not leaving sufficient documentation to track a potential fraud. There are numerous ways of hiding fraudulent funds. Criminals often conceal illicit payments, launder their money, Hide it in complex computer programs, on/off in book transactions, off shore transactions, and net worth computations. Fraud is on the rise and the resources to combat it are on the decline, thus making fraud investigators jobs that much more important. Many crimes, particularly those which are non violent crimes are going unattended by the police because they just don't have the man power to combat it. They are willing to look into fraudulent claims but as of recent they lack the time and resources to give these crimes all the attention they require. The police are now working in co-operation with insurance companies, corporations, and investigators to try to combat this ever increasing crime. Fraud investigators are required to have a police back ground and a real understanding as to what fraud is, how it relates to the criminal code, and how to identify it. A fraud investigator must investigate allegations of fraud. The investigation may require that the investigator collect evidence, take statements, maintain continuity of evidence, analyze the scam, prepare court briefs, work with the authorities, testify to findings in court, assist in the detection and prevention of fraud and white-collar crime. Fraud investigators must have a extensive educational back ground. A bachelor's degree in criminology is recommended, a minimum of eight year experience in a related field and actual experience in uncovering, documenting or investigating fraud matters is needed. There is not nearly enough personnel to combat the ever increasing problem of fraud. In the insurance industry fraud increases every Canadians insurance premium, it is estimated that almost $300 of everyone's premium is spent towards fraud. At a time in society where conservation of money is extremely important and every cent counts, that $300 dollar cost could be utilized for more important items and not for someone's fraudulent schemes. Fraud is entrenched in Canada's social programs: Worker's compensation, unemployment compensation, welfare, insurance, and ohip. Many other crimes are fueled by the money generated by fraud, these include drug trafficking, gun smuggling, as well as illegal immigrant smuggling. All of these factors force the Canadian cost of living upwards. If we don't put a stop to fraud, it will ruin Canada's entire economic structure. One of the largest contributing factors to fraud is poor economic times, perhaps when the economy and job markets pick up there will be a decline in fraudulent claims. But until that time maybe our best defense against fraud is understanding how it works and creating protection nets to shield us from it. Some very useful ways of protecting ourselves from fraud are: Consulting a fraud investigator for protection tips, be an honest and fair employer who can be respected, Have a written code of ethics which a organization expects from its employees, check employees references for past behavior, examine business/bank statements very closely, have a anonymous hot line or drop box where people are encouraged turn in dishonest co-workers. Educating the public and showing them what fraud is doing to business in Canada is very important. If the public realized how large the fraud problem in Canada is they would try to do something to correct the situation. Punishment for fraud is very minimal. There is almost no deterrence for this crime. If we want to see any improvement in the combat of fraud we must increase the penalty. Presently the rewards of fraud out weigh the risk of being caught. If a person is convicted with fraud they usually receive probation, suspended sentences, or a conditional discharge. This is not right, fraud is a crime against society. The penalty for fraud should be much stiffer than it is. They should pay back every cent to the people they stole from as well as pay back society. Certified fraud investigators consider occupation fraud to be a serious problem and on the increase, this is a direct result from a number of factors. There is a direct connection between the potential dishonesty of employees between a certain age, sex, level of education, and position in the company. Lack of internal protection against fraud in small companies. Ignorance to the nature and cost of fraud to there company. A false belief that fraud is not occurring in there company. Until society realizes what fraud is doing and decides to protect itself from fraud, the problem will only increase. Fraud is a growth industry because businesses unwittingly created opportunities for fraud to exist. The price for this ignorance is enormous on society as a whole. To eliminate fraud industries must eliminate all opportunities for fraud to thrive. With penalties the way they presently are, it is easy to see why criminals are committing more fraud. If a bank was robbed and the robber received $14,000 from the robbery, as a penalty they might receive fourteen years. A person who commits a fraud and realized $14,000, they might receive a penalty of six months. Elimination of fraud will not be a instantaneous event, it will take years to do or perhaps we will never truly get rid of it. If we as society want to survive we must work together as a whole to eliminate fraud to the best of our abilities. Fraud should be considered a very serious offense and the penalties should be more severe. White collar crimes hurt everyone, as well as our economic future. f:\12000 essays\law & government (233)\Gender Roles in Education.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The issue of gender inequality is one which has been publicly reverberating through society for decades. The problem of inequality in employment being one of the most pressing issues today. In order to examine this situation one must try to get to the root of the problem and must understand the sociological factors that cause women to have a much more difficult time getting the same benefits, wages, and job opportunities as their male counterparts. The society in which we live has been shaped historically by males. The policy-makers have consistently been male and therefore it is not surprising that our society reflects those biases which exist as a result of this male-domination. It is important to examine all facets of this problem, but in order to fully tackle the issue one must recognize that this inequality in the workforce is rooted in what shapes future employees and employers-- education. This paper will examine the inequalities in policy, actual teaching situations, admission to post-secondary institutions, hiring, and job benefits and wages. It will also tackle what is being done to solve this problem and what can be done to remedy the situation. The late 1960s brought on the first real indication that feminist groups were concerned with the education system in North America. The focus of these feminist groups captured the attention of teachers, parents, and students. At first the evidence for inequality in schooling was based on no more than specific case studies and anecdotal references to support their claims but as more people began to show concern for the situation, more conclusive research was done to show that the claims of inequality were in fact valid and definitely indicated a problem with the way that schools were educating the future adults of society. One of the problems which became apparent was the fact that the policy-makers set a curriculum which, as shown specifically through textbooks, was sexist and for the most part still is. Textbooks are one of the most important tools used in educating students whether they are elementary school storybooks or university medical textbooks. It is therefore no surprise that these books are some of the most crucial information sources that a student has throughout their schooling. Many studies have been done examining the contents of these books to reveal the amount of sexism displayed in these educational tools. The results clearly show that gender inequality definitely runs rampant in textbooks some of the sexism subtle and some overt. To begin with, it is apparent that historical texts show a distorted view of women by portraying them unfairly and inaccurately and neglecting to mention important female figures, instead opting to describe their sometimes less influential male counterparts. Elementary and secondary school textbooks are also guilty of gender bias. In elementary and secondary school textbooks, sexism takes many forms. Boys predominate in stories for children; they outnumber girls 5 to 2. When girls are present in texts, they are almost always younger than the boys they are interacting with, which thus makes them foils for the boys' greater experience and knowledge-- a situation commonly referred to as the 'ninny sister syndrome.' Girls are shown to be far more passive than are boys and to engage in fewer activities. In fact, sometimes grown women are portrayed who rely on small boys (often their young sons) to help them out of difficulty. (Fishel and Pottker 1977. p. 8) Surprisingly it is not only these hidden forms of sexism that appear in textbooks. One study found sixty-five stories that openly belittled girls (two were found that belittled boys). Another study pointed out an instance where Mark, of the Harper & Row 'Mark and Janet' series, states: 'Just look at her. She is just like a girl. She gives up.' Male characters said, in another story, 'We much prefer to work with men.' This type of material on the treatment of girls would seem to have little social or educational value, and its widespread use is difficult to understand. (ibid, p.8) In the long run, the ideas put in students heads through textbooks, perhaps through the lack of female role models, can affect the choices they make in the future with regards to employment. Actual teaching situations are also prone to sexism. For the most part teachers do not try to be sexist but, for sociological reasons, can not help it. For the sake of this paper, it will be assumed that these situations occur mostly in co-educational schools, but single sex schools are in no way immune to the same problems. A perfect example of society's male-dominance interfering in education unintentionally is when teachers assign projects to their students. The teachers may hand out lists of acceptable topics ranging, in a history class for example, from fashion to transportation. The teachers then give the students a choice as to which topic they would like to do the project on. The underlying problem with this is that girls tend to choose what could be considered more "feminine" topics while the boys will choose the more "masculine" ones. "Offered to the pupils as free choice, such selections are self-perpetuating, leading to the expected choices and amplifying any differences there may have been in attitudes." (Marland 1983, p. 152) The reason for this could be that society, through the media and other modes of communication, has pre-conceived notions as to what issues are "male", "female", or unisex. Another example of how females are prone to gender inequality in the classroom is during class discussion and also what the teacher decides to talk about in the class. Classroom behaviour is a major focal point for those who identify examples of inequality. There are many differences in the way that females and males present themselves at school. It is apparent that in classroom situations males talk more, interrupt more, they define the topic, and women tend to support them. It is generally believed in our society that this is the proper way to act in classroom situations, that males have it "right" and females don't, they are just "pushovers" and don't have enough confidence. This, however is a big assumption to make. Some research has been done in this field that could, however, begin to refute this stereotype. It is frequently assumed that males use language which is forceful confident and masterful (all values which are regarded as positive). Females on the other hand, it is assumed, use language that is more hesitant, qualified, and tentative. One can look at the example of the use of tag questions, which are statements with questions tagged onto the end such as "I'm going to the store, all right?" It is obvious that if the above assumptions about the use of language were true, this hesitant, asking for approval type of question would be more frequently used by women. ". . . studies were carried out to determine whether women used more tag questions than men. It was found that they did not. Betty Lou Dubois and Isabel Crouch (1975) found that men used more tag questions than women." (ibid p. 100) The end of high school brings about more obstacles for women on the way to achieving equality in the workplace. One of the most important steps in achieving a high paying, high status job is post-secondary education. It is apparent that even today women are being encouraged to follow certain educational paths. This is shown very simply by the fact that even here at Queen's University, men vastly outnumber women as both students and faculty members in such programs as Applied Science, while women greatly outnumber men in the programs of nursing and concurrent education. Women have historically been encouraged to enter into what could be considered "caring professions" such as nursing, teaching, and social work. This is shown very crudely in the book Careers for Women in Canada which was published in 1946 and written by a woman. The book devotes almost 200 pages to pursuing careers in such fields as catering, sewing, being a secretary, interior decorating, the arts, teaching, and nursing while it only allocates 30 pages to medicine, law, dentistry, engineering, optometry, and more combined. The following quote clearly illustrates the beliefs of the more liberal people of that time. "Some women have specialized in surgery. There can be no doubt but that a capable woman may operate very successfully on women and children, though it is doubtful whether a man would call in the services of a female surgeon except in an emergency. (Carriere 1946, p. 234) Although much has improved since the 1940s, the enrollment numbers in university programs clearly indicate that women still have a long way to go before gender is not an issue. After choosing a career path, women enter the workplace with a disadvantage. They have the same financial responsibilities as men with regards to supporting families and themselves and much of the time they have an even heavier burden because there are many women in today's society who are single mothers. Given that there is no question that the need for money is identical it can, therefore, be concluded that there is a major problem with the wage structure in today's jobs. The wage gap clearly shows that society as a whole puts more value on the work of males than on the same work done by females. The facts that have been displayed above showing that education is itself a sexist institution perhaps explain why there is this inequality once schooling is finished. The fact that textbooks show males as being more successful than females, that teachers set assignments which reinforce gender stereotypes and sex roles, the fact that "masculine" behaviour is reinforced while "feminine" behaviour is condemned, and the fact that women are encouraged to choose certain career paths all validate the claim that the gender inequality in employment situations can be directly related to the way that children are educated. f:\12000 essays\law & government (233)\GI Jane.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ GI JANE In today's society, with affirmative action full out in most industries and businesses, and the equal rights movement having made great progress; there is finally a snag in the nylons of woman activists. The question of whether women should have to serve in combat is upon us. And I am all to happy to give my whole hearted no. If you have kept up with the news in recent years, women have been fighting their way into the top military academies, the Citadel being the most recent case. These woman have claimed being just as tough as men, which is scientifically incorrect, but hey it's a defense. They have, through grueling court battles, made their way into the elite schools of our great military, where our best men have been serving us for generations. While claiming to be every bit as good as the men, they have for a most part failed once they got in. Ms. Faulkner won her legal battle to enter the Citadel, breaking a 152 year tradition of training men only. On August 14, 1995, during her first day of military training, she collapsed from heat exhaustion. Within days, she abruptly withdrew from the college, forced to admit that she could not withstand the rigors of "hell week." Ms. Faulkner, fighting back tears, explained that two and a half years of stress had "all crashed in" on her in the first days there. After not quite making the cut, and surviving the stress and trials of these places, they say that it is because the men were too hard on them. "Too hard" is not a valid sentence in the military, you are either tough enough or you fail. I am not a sexist, don't get me wrong. I know many woman who are my intellectual superiors whom I admire. I have even met a few that I probably would not want to mess with. What I am trying to show is that while in some cases they can function in combat; they are, for the most part, detrimental to military efficiency. Chairman of the Department of Military Science at the University of Michigan, who conducted a test of Army officer candidates, and found that: The top 20 percent of women at West Point achieved scores on the Army Physical Fitness Test equivalent to the bottom 20 percent of male cadets. Only seven percent of women can meet a score of 60 on the push-up test, while 78 percent of men exceed it. A 20- to 30-year-old woman has the same aerobic capacity as a 50-year- old man. Only one woman out of 100 could meet a physical standard achieved by 60 out of 100 men. Woman by nature are smaller and slower, and have 40% less upper body strength. Those statistics being fresh in your mind I would like to give a few examples of women in combat from a government report on woman in combat. The day before the Feb. 24, 1991, assault by U.S. ground forces in the Gulf War, CNN focused international attention on Army Maj. Marie Rossi because of her status as one of the first women helicopter pilots to fly in a combat zone. Just a few days after CNN televised the Rossi story she was dead, she flew the helicopter into a 375-foot microwave tower in Northern Saudi Arabia, killing herself and all her crew. Lt. Kara Hultgreen, 29, who was the first woman to fly an F-14 fighter and one of two women who qualified for navy carrier operations, crashed into the sea and was killed in October 1994 while attempting a daylight landing on the carrier USS Abraham Lincoln. Her navigator pilot ejected, he was fast enough, she wasn't. There is much justifiable concern about the high probability that all females captured by the enemy will be sexually violated and raped. Army Major Rhonda Cornum, captured when her helicopter was shot down over Iraq, initially told the press she was treated "exactly the same" as male prisoners during her brief captivity, only to recant a year later. Maj. Corium admitted that both she and the other captured U.S. woman prisoners were sexually violated by the Iraqis, a fact the Pentagon had also kept secret for a year. She told the commission that being raped by the enemy should be considered "an occupational hazard of going to war." Regardless of claims to the contrary, rape is "gender specific" and has never been an "occupational hazard" for combat pilots or any other men associated with combat duty until now. Women may have a spot in the military, but as we have seen combat is not the place for them to be. Works Cited Presidential Commission on the Assignment of Women in the Armed Forces, Report to the President, November 15, 1992, pp.24-27, 36-37. GI JANE In today's society, with affirmative action full out in most industries and businesses, and the equal rights movement having made great progress; there is finally a snag in the nylons of woman activists. The question of whether women should have to serve in combat is upon us. And I am all to happy to give my whole hearted no. If you have kept up with the news in recent years, women have been fighting their way into the top military academies, the Citadel being the most recent case. These woman have claimed being just as tough as men, which is scientifically incorrect, but hey it's a defense. They have, through grueling court battles, made their way into the elite schools of our great military, where our best men have been serving us for generations. While claiming to be every bit as good as the men, they have for a most part failed once they got in. Ms. Faulkner won her legal battle to enter the Citadel, breaking a 152 year tradition of training men only. On August 14, 1995, during her first day of military training, she collapsed from heat exhaustion. Within days, she abruptly withdrew from the college, forced to admit that she could not withstand the rigors of "hell week." Ms. Faulkner, fighting back tears, explained that two and a half years of stress had "all crashed in" on her in the first days there. After not quite making the cut, and surviving the stress and trials of these places, they say that it is because the men were too hard on them. "Too hard" is not a valid sentence in the military, you are either tough enough or you fail. I am not a sexist, don't get me wrong. I know many woman who are my intellectual superiors whom I admire. I have even met a few that I probably would not want to mess with. What I am trying to show is that while in some cases they can function in combat; they are, for the most part, detrimental to military efficiency. Chairman of the Department of Military Science at the University of Michigan, who conducted a test of Army officer candidates, and found that: The top 20 percent of women at West Point achieved scores on the Army Physical Fitness Test equivalent to the bottom 20 percent of male cadets. Only seven percent of women can meet a score of 60 on the push-up test, while 78 percent of men exceed it. A 20- to 30-year-old woman has the same aerobic capacity as a 50-year- old man. Only one woman out of 100 could meet a physical standard achieved by 60 out of 100 men. Woman by nature are smaller and slower, and have 40% less upper body strength. Those statistics being fresh in your mind I would like to give a few examples of women in combat from a government report on woman in combat. The day before the Feb. 24, 1991, assault by U.S. ground forces in the Gulf War, CNN focused international attention on Army Maj. Marie Rossi because of her status as one of the first women helicopter pilots to fly in a combat zone. Just a few days after CNN televised the Rossi story she was dead, she flew the helicopter into a 375-foot microwave tower in Northern Saudi Arabia, killing herself and all her crew. Lt. Kara Hultgreen, 29, who was the first woman to fly an F-14 fighter and one of two women who qualified for navy carrier operations, crashed into the sea and was killed in October 1994 while attempting a daylight landing on the carrier USS Abraham Lincoln. Her navigator pilot ejected, he was fast enough, she wasn't. There is much justifiable concern about the high probability that all females captured by the enemy will be sexually violated and raped. Army Major Rhonda Cornum, captured when her helicopter was shot down over Iraq, initially told the press she was treated "exactly the same" as male prisoners during her brief captivity, only to recant a year later. Maj. Corium admitted that both she and the other captured U.S. woman prisoners were sexually violated by the Iraqis, a fact the Pentagon had also kept secret for a year. She told the commission that being raped by the enemy should be considered "an occupational hazard of going to war." Regardless of claims to the contrary, rape is "gender specific" and has never been an "occupational hazard" for combat pilots or any other men associated with combat duty until now. Women may have a spot in the military, but as we have seen combat is not the place for them to be. Works Cited Presidential Commission on the Assignment of Women in the Armed Forces, Report to the President, November 15, 1992, pp.24-27, 36-37. f:\12000 essays\law & government (233)\Governments HalfWitted Beaurocratic Laws.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Governement's Bureaucratic Half-Witted Laws Todays big government is a typical display of bureaucracy in its most creative state. Due to the enormous bureaucracy within todays state governments, many laws have been passed through legislation that really didn't need to be passed. These laws are a display of the way government likes to show power over the people using legal suppression. Governments have created laws governing almost anything that the people do as an act of blatant suppression, even if the laws my never be able to be unforced. In reviewing many law books, many laws were found that did not seem to do anything but annoy the general populous. These laws and ordinances are used by the government to show power without having to be confronted by any particular person who might have been affected, because these legal suppressors will most likely not be enforced by the local law- enforcement agencies. In Alabama it is legal to drive a motor vehicle while you are blindfold. Most of the people in our nation most likely would not decide to drive with a blindfold on. Yet, the Alabama state government needs to have power so it passed the "no driving while blindfold" law. Alabama is not the only state with laws that seem useless. In California community leaders passed an ordinance that makes it illegal for anyone to try to stop a child from playfully jumping over puddles of water. The fine for such a crime is fifty dollars and up to ten days in jail. Once again a government decided it didn't have enough power and thought that it might as well impose a new law to show its "immense" power over the people. In Connecticut you can be stopped be the police for bike riding over sixty-five miles an hour. You can also be arrested for walking across a street on your hands. These laws will probably not be enforced due to the fact that the odds of biking over sixty-five miles an hour or walking across a street on one's hands seems unlikely. Florida may be one of the most creative legal suppressors in the Unites States. One law reads "Women may be fined up to 150 dollars if they fall asleep under a hair dryer, as can the salon owner." Another law states that if an elephant is tied to a parking meter, the parking fee has to be paid just as it would for a vehicle. A special law in Florida also prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, or sometimes jailing. Men may not be seen publicly wearing any type of strapless gown or they can be fined up to seventy-five dollars. In Sarasota, Florida, it is illegal for one to sing in public in a swimsuit. These laws and ordinances display Florida state government legislating laws that to show power and a suppressive attitude. In some states the act of suppression is shown in the control of personal activities. For instance citizens are not allowed to attend a movie house or theatre nor ride any form of public transportation within at least four hours after eating garlic in the state of Indiana. Another act of personal suppression by the government is the Iowa state law that states, "Kisses may last for as much as, but no more than, five minutes." One is not allowed to transport an ice cream cone in ones pocket or one can be arrested in the state of Kentucky. New Mexico also has its own form of personal suppression in the form of a law that states "Females are strictly forbidden to appear unshaven in public." Massachusetts has an array of personal suppressors involving its citizens. One such suppressive law states that mourners at a wake may not eat more than three sandwiches. Another law makes snoring a crime unless all bedroom windows are closed and securely locked. If one wants to wear a goatee a special five dollar permit must be purchased to wear a goatee in public. In New York a fine of twenty five dollars can be imposed on any citizen that flirts. Some laws and ordinances seem to be "jokes". One instance that a law seems humorous is it is illegal to rob a bank and then shoot at the bank teller with a water pistol in Louisiana. In the state of Indiana it is illegal for anyone to bathe during winter. Yet another almost comical law states that it is illegal for any person to give lit cigars to dogs, cats, or any other domesticated animal kept as a pet in Illinois. The bureaucracy of the government has created some laws that do not even make sense. For instance in North Dakota it is illegal for any bar to sell or serve beer and pretzels at the same time. In Nebraska, a parent can be arrested if ones child burps during a church service. In Louisiana biting someone with natural teeth is "simple assault", while if one bites someone with false teeth they are charged with "aggravated assault". In Kentucky, by law anyone who has been drinking is "sober" until he or she "cannot hold onto the ground." In Washington all lollipops are banned and one can be arrested if he or she is seen in public eating the forbidden candy. Another law from Washington is that a motorist with criminal intentions is to stop at the city limits and telephone the chief of police as he is entering the town, or he or she may be arrested. This law seems especially stupid in the fact that the person with criminal intentions is most likely going to go to jail anyway, but if he or she did not call the chief of police they will get arrested. There are even more laws that show the government's abuse of power. The government of Pennsylvania for example makes it illegal for a man to purchase alcohol without the written consent of his wife. Another Pennsylvania law of suppression involves a cleaning ordinance that says that housewives are not allowed to hide dust or dirt under carpets or rugs. In Oklahoma violators will be fined for making ugly or demeaning faces at any type of dog. In that same state it is also illegal for females to stylize their own hair without being licensed by the state. Oklahoma also has a law that states that dogs gathered in three or more must have a permit signed by the mayor if they are to gather on private property. The government in Oklahoma seems to even need a power trip over animals. Oklahoma state government just makes the suppression extremely obvious to the public by declaring such half-witted laws. All of these laws support the fact that government does not think it has enough power, and that it must show its power by instituting laws that have virtually no affect on the general public. Yet if citizens knew that their government was using their tax dollars to pay for police patrolling for dogs gathered in three or more without a permit or for people smelling of garlic on public transportation systems, there could be an enormous rebellion. The act of passing a law costs tax payers money, and when these tax dollars are used frivolously on silly laws that sometimes do not even pertain to people such laws that pertain to elephants and dogs, the government is showing a huge amount of irresponsibility. Lawmakers are proving to the public that they do not want to be powerless against the public. The phrase "government for the people; by the people" seems almost none existent when such laws and ordinances are passed. The government controls what you do from personal activities such as kissing to laws that seem strange to even have such as not shooting a bank teller with a water gun after you rob a bank. It is laws like these that are an example of government waste and tax dollar mismanagement. With this show of waste the phrase "bureaucratic spending" can be implemented. Bureaucratic spending is the waste of money when such laws are created by lawmakers just to keep people employed. These laws are also used as "busy work" for legislatures during slow periods of no serious governmental events. Yet the general public is in a "catch twenty-two", in the fact that if these laws are to be repealed by legislature, tax dollars will once again be paying. If government would think about the laws it signs into affect, maybe these types of laws would be nonexistent, and thus government would not appear to be the suppressive power that all of the nations pawns must follow in order to keep a clean record. Bibliography: (WWW) Laws and Legislation. (1996, June 29). Laws Governing Us Available: HTTP://www.law.harvard.edu/laws.html File: Essay057.txt Lawyers Guide of Laws and Ordinances. (1996, August) Available: HTTP://www.gama.com/medi.html File: LGLO1.html (E-Mail) Sellar, William (1996). Hope you like this Available e-mail: jah@frontier.wilpaterson.edu Denné, Edward (1996). Lawyers Diary and Manual Available e-mail: denned@lawdiary.com (Telnet) Available Telnet: setonhall.law.edu Directory:Main Reference Full Text: Ridiculous Laws f:\12000 essays\law & government (233)\GreenspanThe Case for the Defense.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Greenspan - The Case for the Defense My fascination with the Judicial System Structure of todays society was furthered and strengthened after reading and analyzing the works of Edward Greenspan. The superbly written biography recollecting past cases and important events in Greenspan's life allowed myself, the reader, to learn more about Jurisprudence and the Criminal Code. The entire casebook revolves around several main themes including the balance of Positive and Natural influences in the courtroom, whether a lawyer's conscience intervenes with his duty as a counsellor, and the alarming rate of perjury occuring in front of the juries. To be more concise and clear to the point, Greenspan's book is a diary of controversial and beneficial issues which have hovered around our criminal courts and will continue to plague and pester them for years to come. By observing and understanding certain issues presented in this book, I was able to comprehend what type of person Greenspan is, what he believes in, what he represents and what he would do for his profession. The wheels of jurisprudence are always turning, and I came to realise how Greenspan worked and bargained for his status in the country to be solidifed. this book also flourished with innovative situations pertaining to the most diversified of criminal charges, to the most uncanny regions of law ever dealt. It was this thorough look at Greenspan's life which impressed me the most. It was quite clear that after the fourth page, I came upon the conclusion that this casebook would create a most influential reaction to anyone who had displayed any interest towards our Law system in general. In Part One of the novel, No Little Clients, presents the reader with the author's proposed thesis. His ambition is to defend innocent people accused of crimes. Whether they are innocent or guilty without being proven guilty is irrelevant to Mr. Greenspan. A lawyer's conscience must not be his deciding factor when advising or counselling a client. This viewpoint is elaborated in Part Two (Not Above The Fray) and explained frivolously by Greenspan himself. Throughout the entire novel, the theme bends and curves itself around different and unavoidable situations, but remains its original meaning that no one is guilty until proven so. Greenspan refers to this phrase countless times and explains to the reader that he will not allow his moral beliefs to conflict with the path of justice (delicately and persuasively explained by both Greenspan and the co-author, George Jonas in Parts Four, Five, and Six of the novel). Chapter 13, Playing God, emphatically displays Greenspan's concern with the treatment of his clients and the decision to push the client until he can make a decision that is in favour with the lawyer himself. the significance of this chapter is that the reader detects the amount of responsibility and endurance is required in order to become a successful pawn of the judicial system. At this point Greenspan's thesis huddles itself around the principle of being a "Pawn of the System" and only serving the system without prejudice and socialistic conflicts. The authors begin their novel with several different themes which branch out and eventually combine. Walking The High Wire is an excellent chapter which focuses on the effects of intended falsehoods employed by the prosecution. f:\12000 essays\law & government (233)\GUN CONTROL 2.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ GUN CONTROL Gun Control can be called the 'acid test' of liberalism. All true liberals must favor stricter gun controls. After all, doesn't the United States have the most heavily armed population on the earth? Are we not the world's most violent people? Surely these facts must be at least casually connected. Therefore the apparently desperate need to "do something" about the vast quantity of firearms and firearms abuse is obvious. Guns are employed in an enormous number of crimes in this country. In other countries with stricter gun laws, gun crimes are rare. Many of the firearms involved in crime are cheap handguns, so-called Saturday Night Specials for which there is no legitimate use or need. The public is polarized on the issue of gun control, Anti-gun control activists believe that it is each and every American's individual right to bear arms. After all, the Second Amendment to the Constitution states that: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Advocates of gun control say that even with 20,000 gun control laws already in existence, the serious problems due to firearm misuse continue. Obviously, the controls that have been designed have not been sufficiently effective. Therefore the pro-gun controllers argue, we need more uniform legislation, more extensive gun controls, and effective enforcement. Various pro-gun control organizations disagree on methods of gun control needed. For example, there are individuals who would ban all handguns' as well as those who take a less radical stand and who would simply increase the controls on firearms. The moderate gun control groups propose measures such as requiring an individual to successfully complete a firearms safety course before being allowed to possess a gun, or to wait for a mandatory period of time before taking possession of a gun. Today, there are approximately 20,000 different gun control laws in existence, ranging from those enacted by municipalities and states, to those enacted by the federal government. Gun control is ineffective and tougher sentencing of criminals and stricter parole policies would do far more to combat crime. Statistics show that Canada is less violent than the United States. Fewer guns are only part of the story. The inner-city slums of the United States are murderous, bombed-out-looking places. American visitors to Canada's big cities often ask where the slums are. The answer is that there really aren't any slums, and the lack of violence there reflects it. Canada's more generous welfare benefits and universal health insurance have made for safer cities. The contrasts between extreme wealth and extreme poverty are fewer and less striking. Poor inner-city families do not disintegrate to the extent they do in black American ghettos. Canadian murder rates in big cities are about the same as in isolated rural areas. According to 'THE ECONOMIST" magazine; Blacks, 12% of the United States' population, account for 48% of murders, mostly when inner-city blacks kill each other. (The Economist July 10-16,1993, pg 38) Few of these guns if any are purchased from retail gun stores. Gun laws will not keep guns out of these ghettos. The founding fathers included Second Amendment to the Constitution because they were very aware of the fact that there might once again come a time when American Citizens would have to fight for their freedom. Patricia Lee of Balch Springs, Texas was running for the Texas House of Representatives in 1992 when she wrote the following about gun rights. When the British marched toward Concord in 1775, it was not to collect taxes or suppress the press; it was to institute gun control. They were not after hunting or target shooting guns; they were after military cannons (clearly "assault weapons, with no sporting purpose"). How did the citizens of Concord and Lexington respond to this reasonable, moderate gun control proposal? With their guns! With a battle that killed hundreds of people and began years of vicious war! Why were our ancestors so "unreasonable"? Because they knew that once their guns were taken, the rest of their rights would soon follow. History has proved them right time and again; the citizens of Hitler's Germany and Soviet Russia allowed themselves to be disarmed, and suffered the consequences. (Guns & Ammo, pg.26) Of course guns in the hands of criminals (or criminal governments) are harmful. But taking away guns from honest, law abiding citizens does nothing to solve the problem of those who would misuse guns. Criminals will always have guns, whether we like it or not. Even in countries where guns are completely illegal, criminals simply manufacture or smuggle weapons. The entire Soviet Army was unable to successfully impose gun control on the small country of Afghanistan. In the U.S. today, criminals routinely import new machine guns that law-abiding citizens are banned from possessing. What would happen in a nation with guns in every house? There is such a nation; Switzerland. The Swiss have not had to fight a foreign war for hundreds of years (the last fighting in Switzerland was a one-month insurrection in 1847). and their crime rate is among the lowest in the world. The U.S. can only envy their record. To carry a firearm in California requires a permit commonly called a CCW (Carry Concealed Weapons). CCWs are issued at the discretion of the chief of police of a city in the county, or a sheriff of the county, where the applicant resides. As long as the applicant passes the background check provided by the California Dept. of Justice (DOJ), a chief of police of sheriff may issue a permit to the applicant. In California where CCWs (Carrying Concealed Weapons) permits are obtainable, a study reveals the following: (American Rifleman, pg.27) (American Rifleman, pg.28) When more people were armed, the crime rates went down proportionally! Is it not obvious that when more citizens are armed there is less incidence of crime? The examples from California and Switzerland are evidence to that fact. Enough freedoms have already been lost in this country, can we afford to lose another? With some 20.000 firearms regulations now on the books, we do not need still more gun-control laws. We need to enforce the laws that we have now. It's time to stop the wait. The only thing Congress should rush is the adoption of meaningful criminal justice reforms to keep violent predators off our streets. We do not need more laws that restrict the ability and the right of honest women and men to protect themselves from criminal attack. WORKS CITED Lee, Patricia. "Fighting for Freedom." Guns & Ammo Sept. 1992: 26. Cramer, Clayton. Are Concealed Carry Permits a Threat to Public Safety?. American Rifleman Sept. 1993: 27-28. TABLE 1 Concealed Weapon Permits & Violent Crime Rates* CCWs Per Aggravated Homicide Rape Robbery 100,000 Assault County Group 1 28.3 621.5 11.7 41.5 372.7 County Group 2 437.5 449.9 6.5 40.4 124.4 County Group 3 1,736.5 414.2 7.5 31.3 48.5 All Counties 122.5 593.5 10.9 41.1 331.8 County Group 1: 19 counties with 0 to 0.1% of its citizens holding permit permits. County Group 2: 22 counties with 0.1 to 1% of its citizens holding permits. County Group 3: 17 counties with more than 1% of its citizens holding permits. *All crime rates per 100,000 population. All county population and crime rates from Office of the Attorney General, 1989. TABLE 2 Crime Rates* As A Percentage of Statewide Averages County Permits Per Aggravated Homicide Rape Robbery Group 100,000 Assault County Group 1 less than 100 100.5% 107% 101% 112% County Group 2 100-100 76% 60% 98% 38% County Group 3 greater than 1000 70% 69% 76% 15% *Rates per 100,000 population. f:\12000 essays\law & government (233)\Gun Control 3.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Gun Control The government has placed many gun control laws, but some of the laws were made to make the general public feel safer. For instance the government banned a handful of assault riffles when they are not even used for most gun related crimes. The government also administered another law called the Bradey Law. The Bradey Law makes a five day wait on the purchase of a handgun so a check can be run on the persons background. None of these laws have decreased the amount of deaths caused by hand guns. The media also plays a part in more laws being passed against guns and ammo. The media helped have a bullet that pierces bullet- proof armor get banned, but the bullets were made specially for law enforcement and licensed dealers. All of these laws should be considered unconstitutional because it goes against the right to bare arms. So these gun control laws should be stopped. They should find other ways to deal with gun related crimes and violence. This country was founded on the people of the country owning guns to protect what they think is right. The constitution gives the people the right to bare arms and protect themselves. Any law against guns should be unconstitutional but the laws were made because it is what some people want. The ban on assault riffles took effect in the may of 1994. "Nineteen assault- style weapons and broad categories encompassing many more semiautomatic firearms..." were among the many weapons that were banned. The guns that were banned were only used for three percent of all gun related crimes in 1993. Most of the crimes and murders were committed with handguns. So the only reason for making this law was to make the people feel good and safe. In 1993 the Bradey Bill became a law. It placed a five day waiting period on the purchase of a handgun. The reason for the wait is to make sure no criminals or mentally disturbed people purchase handguns. Did that really solve any of the problems? I don't think so. The law only prevented 45,000 people from getting guns. That number doesn't even compare to the number of deaths caused by handguns. If they want to stop the amount of killings enforce gun education and enforce stricter punishment on murders. The media also plays a part in gun control. If the news says something is bad or wrong people take their side and views. Rhino Bullets were banned that way. What the bullets were capable of is being able to pierce bullet-proof armor. What people didn't hear was that it was for law enforcement officers and licensed dealers. The bullets got banned because of lack of information because it was going to be used for the good of the people. Society is the one who suffers because people got the wrong image about the Rhino Bullets. We are slowly having our rights taken away because people would rather be safe than have freedom. If we keep giving more and more freedom their will be no freedoms. If the common people have no guns or ammo the only groups who will have guns will be the criminals and the law enforcement so who is going to protect you from the criminals when the law enforcement can not come that instant. That is why gun control is bad. f:\12000 essays\law & government (233)\Gun control is it a problem.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Ten-thousand, five-hundred, twenty-seven people die a year in a handgun related incidents in the United States. This number, by far, out weighs those gun related deaths in countries such as Sweden, Great Britain, and Japan, which number 13, 22, and 87 respectively. What is the reason for such drastic differences in numbers? The latter mentioned countries have stricter gun control laws and they require bare arm safety courses. These laws have a direct relationship to the number of gun deaths which occur each year from country to country. Perhaps if the U.S. would adopt some of those laws the number of deaths would drop accordingly. Winthrop addressed such a dilemma almost 350 years ago in his "Speech to the General Court" in 1645. Winthrop's two main problems were where do the rights of people stop and the magistrates' authority begin. According to Winthrop, people are naturally evil, and if left to their own devices, they will become even worse. Therefore, authority is a necessity. This same principle holds true for gun control. People here in the U.S. have the "right to bare arms," but with that right comes responsibility. As an American with that right you're not free to shoot anyone or anything at will. Government should create laws to protect the rights of others. I believe stricter gun control laws and better education on the use of guns is necessary. People of the U.S. aren't as rigidly regulated by gun laws compared to our European neighbors. In the United States it takes anywhere from a few days to a couple of weeks to get a permit to carry a handgun. However, in most crimes committed with a handgun, the gun isn't even licensed. More authority is necessary to control the illegal handling of handguns. In England, guns which are permitted for hunting are required to be signed out, purpose of use stated, and the type of gun. I also feel the person requesting a permit should first be educated on the proper use, cleaning, and handling of a firearm. This would help to avoid any accidental shootings from occurring. They should be made aware of all the laws regarding the handling of firearms. To some this may seem severe. But as I stated earlier, these stricter laws do affect the difference between the U.S. and Europe in the amount of handgun related deaths. In these controversial issues about gun control, it is my opinion that the United States should have stricter gun obtaining laws. If a criminal was convicted for a gun related crime, he should be unable to purchase a gun. For the average human being, if one wants to purchase a gun, he should have a complete background check, take a course, and pass it to show that you are capable of using such dangerous equipment, like a gun. Just as Winthrop struggled with the conflict between people's rights and the authorities impending on their rights, we today, have those same struggles. The right to bare arms and the responsibilities that go with those rights is just one of the many of those struggles we as American citizens have to face today. Had there been a better screening process to own a gun, the Lock Haven Massacre in 1969 may have been prevented. f:\12000 essays\law & government (233)\Gun Control Press Control.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Neal Problems with Gun Control "If the second amendment does not mean what it says, what about the first?", this was the question asked by author, and National Rifle Association member, Bill Clede. In his article "Gun Control, Press Control", he warns journalists about the hidden dangers associated with gun control. When dealing with the interpretation of the Constitution, there is two views one can take. The Constitution can be viewed as a "living document" or in its "original " understanding. The original understanding, people are guided by what the Framers of the Constitution had in mind when they drafted it. The Constitution can also be viewed as a living document, in which the interpretation should be surveyed in light of today's social and politics environments. Bill Clede ideas in his article seem to be guild by the idea of the Constitution being a living document. At the time the Second Amendment was written, it had a major impact on this country because State and National governments were unable, or lacked the power to protect the people. This Amendment gave the power to the people to bear arms for protection. As Clede points out in his article, it was not the intent or purpose of this Amendment to bestow unlimited rights upon the people. The question to ask today is, are the people responsible enough to have the unlimited rights that they seem to have under this Amendment. Clede states, "that does not mean that the government can constitutionally prohibit all weapons, but it probably means that the government can reasonably regulate and limit their use." I agree with Clede's point. The language of the Constitution is very vague. The second amendment states, " A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed." Never did the Constitution define or give examples of what a well regulated militia is or types of weapons deemed reasonable for protection. It then should be left to Congress, or more importantly the Supreme Court to interrupt this vague language. I think the government could reasonable regulate guns, without compromising the second amendment, but like Clede I believe Congress should concentrate more on who is using the guns and not guns themselves. Patrick Henry felt that we should preserve our public liberties, and if need be by force. As Patrick Henry stated, "The great objective is that every man be armed." Thomas Jefferson and John Adams also held the same views as Patrick Henry, that every man should have the right to bear arms for private self-defense. Our forefathers felt that it was very important for individuals to bear arms for protection of property, life, or limb, when they created a document that protected these rights, this seems to be evident because to right to bear arms is the Second Amendment. Again, the question must be raised, did our forefathers foresee a time when this freedom that they embraced would cause such wide-spread crime in our country. The perplexing question to ask is, how can we maintain our individual rights, and yet get the guns out of the hands of convicted felons, drug addicts, and people who are mentally impaired from owning guns as Clede suggests in his article. He and every other self-respect gun owner is in favor of a waiting period before the purchasing of any type of gun. Clede has clearly taken the stand of some type of tighter control on the sale of guns, without touching the Second Amendment. A large problem that has been addressed in Clede's article is that no matter what changes we make in the law concerning guns, the crime element in this country will always be able to obtain guns. Perhaps we should take a closer look at the manufacture of guns and why they are manufactured in such abundance when the number of guns already exceeds the population of this country. Although the law forbids the ownership of automatic weapons, they can easily be obtained for the right price, and always to the criminal element in our society. These are the problems that should be addressed, not the out right banning of guns. I think Bill Clede has done an excellent job in addressing the issues of gun control in his article. He makes people realize that the issues involved in gun control are not so cut and dry, that it is not simply an issue of should we have a form of gun control. This point is apparent at the end of his article, when he finally returns to the question he asked at the beginning of the article, "if the Second Amendment doesn't mean what it says, what about the first." If lobbyist or government officials are able to change the second amendment and achieve strong forms of gun control, which is an infringement on peoples' Constitution rights, it could be easily assumed that the next target could be the First Amendment. My nations in the world today, including western-style democracies, control or limit the press in some way. Luckily measures of press control have not happened in this country, particularly because of the Bill of Rights and the First Amendment, but it should be noted censorship is a prime source of debate in America today. Clede has clearly pointed out how closely related the issues of gun control and press control are in his article. f:\12000 essays\law & government (233)\Gun Control.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Gun control has been a hot topic for very long time. People on the anti-gun control side believe that gun ownership is a Constitutional right backed by the Second Amendment. The anti-gun believe that you should be able to posses and own any firearm. They also believe that gun laws only restrict the law abiding citizens. Pro-gun control believe that guns are the backbone to our crime problem. They also believe that gun laws help keep guns of the street and deter crime. The Second Amendment reads," A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed" (Caplan p32). "Underlying this amendment are two goals of an individual and collective defense from violence and aggression, which have been recognized by Congress" ( Caplan P.32). The second amendment should help secure right of the people to have a gun in their home. " The government should not be permitted to declare who would or would not be able to bear arms on the basis of vague religious tests or any other nebulous standard or artifice" ( Caplan p.39). The first infringement on the Second Amendment came on November 30, 1993 when President Clinton signed Brady Bill I. The law required that there be a five day waiting period on all hand gun purchases. The Brady Bill also banned semi-automatic rifles and other military type weapons. ( Moore 1994 p.434) The five day waiting period is suppose to stop felons from buying guns. But, Waiting periods do not stop felons from getting guns. Since 1968 it has been illegal for a felon to possess any firearm. ( Moore 1994 p 440) Most of the criminals do not get their guns from stores, most get them by theft or on the black market. " While legitimate users of firearms encounter intense regulation, surutiny, and bureaucratic control, illicit markets easily adapt to whatever difficulties a free society throws in their way" (Polsby p.1). A study by Professor James D. Wright and Peter H. Rossi, showed that, fifty percent of criminals expected to get a gun illeagily the same day they get out of prison. (Blackman Aug 1985) Brady Bill talks about recording and keeping track of guns for safety reasons. When people talk about the militia many people believe that the National Guard is our guarantee for a free state.(Caplan p. 50) People need to realize that the President is Commander-in-Chief of the National Guard, and may federalize it any time" ( Caplan p.50). If this happens, the states would hav no protection. The federal government would also know which citizens have guns. " The President is privy to all data concerning the placement and distribution of all National Guard weapons, thus making possible their quick confiscation by the armed forces. This is precisely the possibility the farmers sought to prevent when they enacted the second amendment" (p.51) " The record-keeping and inspection provisions of the present federal gun-control statues enhance the probability of government-sponsored arm confiscation and usurpation of power" (Chaplain p.52-53). The pro-gun want people to believe that people who own guns think they have the God-given right to blow someone away. That is one of the reasons they felt registration was necessary. "Dr. Patricia Harris did a study that pointed out, that on average gun owners are better educated and have more prestigious jobs than non- owners... Later studies show that gun owners are less likely that non-owners to approve of police brutality, violence against dissenters, etc" ( Snyder p 47). The latest purposed infringement on the Second Amendment comes in the way of Brady Bill II. This law will require a state license to purchase a gun. To receive a licence you will have a background check and must be at least 21 years of age. ( Illinois and New Jersey already have laws like this in place today.) It will increase the waiting period from five to thirty days. It will also require the private sale of a gun be done through a dealer and then require the waiting period. The bill will also ban several types of ammo and several types of guns. The guns that will be banned are of small caliber, .22 short, .25, and .32. ( Brady Bill II 103d Congress) The problem with the new bill is that it does nothing to deter crime. It only affects the law abiding citizens. Criminals will not register their guns becaus usually steal they are stolen. " According to Wright felons make it clear that if they can not get the smaller caliber guns, it will stimulate a wholesale shift to bigger more lethal weapons" ( Blackman Aug 1985) The study by Wright and Rossi 83% of the criminals questioned said," that if they can not get a handgun then they can always get a rifle or shotgun. ( Blackman Aug 1985) Just like the first bill the second bill really does nothing to deter crime. The bills really just keep the honest people honest. If they really want to deter crime they should allow people the right to conceal and carry there own firearm. Most pro-gun control people want you to believe that, the police are there to protect you. The police are not personal bodyguards. The police there as a general deterrent to crime, they usually act after the crime as occurred. Many court cases have stated that the police have no obligation to protect you. You cannot sue them for failure to protect you. (Snyder p.42&43) Most criminals will usually not know if one person is carrying a gun,but if several civilians start carrying a gun the criminals will become warier. ( Polsby p.2) Dr. Paul H. Blackman did a study of 1,874 imprisoned felons. Eighty-eight percent of the criminals agreed that gun laws only effect law abiding citizens. Fifty-six percent of the criminals agreed that they are not going to mess around with an armed. Seventy-four percent agreed that the one reason they avoid homes were people are there is because they are afraid of being shot. Forty percent also said that they did not commit a crime because they were afraid the victim was armed. ( Blackman August 1985) The State of Florida was one of first states to allow conceal and carry laws. The law required that the applicant be at least 21 years of age, no crminial record, no record of drug and alcohol abuse, no history of mental illness, and complete a firearms safety course by the NRA. The permit must be renewed every three years. The permit is good throughout the, entire state.( Snyder p.49)"The State of Florida shows that from 1987 through June of 1993 160,823 permits have been issued and only 530, or about 0.33 percent of the applicants, have been denied a permit for failure to satisfy the criteria, indicating that the law is benefitting those whom it was intended to benefit" ( Snyder p.49). "A nationwide study by Kates, the constitutional la wyer and criminologist, found that only 2 percent of civilian shootings involved an innocent person mistakenly identified as a criminal. The "error rate" for the police, however, was 11 percent, over five times as high" ( Snyder p.50) " It is therefore abundantly plain that the founding fathers recognized the type of danger incident to registration of arms; the second amendment seeks to curtail the possibility of widespread or politically selective confiscation" (Chaplain p.51). Thus, any type of gun control legislation, especially at the federal levels, appears to be at odds with the intent of the second amendment. f:\12000 essays\law & government (233)\Hand Maids Tale.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 In Margaret Atwoods novel, "The Handmaids Tale", the birth rate in the United States had dropped so low that extremists decided to take matters into their own hands by killing off the government, taking over themselves, and reducing the womens role in society to that of a silent birthing machine. One handmaid describes what happened and how it came about as she, too, is forced to comply with the new order. Before the new order, known as the Sons of Jacob, took over, women had a lot to be afraid of. They had freedom to do whatever they wanted, but this freedom was severely inhibited by maniacs who could strike at any time. Women followed rules to keep them out of danger, but they were not enforced. "I remember the rules, rules that were never spelled out but that every woman knew; dont open your door to a stranger, even if he is the police. Make him slide his ID under the door. Dont stop on the road to help a motorist pretending to be in trouble. Keep the locks on and keep going. If anyone whistles, dont turn to look. Dont go into a laundromat, by yourself, at night ... Women were not protected then."(p. 24) Nobody believed it could happen to them. When the Sons of Jacob took over and began to take away their freedom, they accepted it. They were afraid and the Sons gave them some security. Because they accepted the first few laws, it was hard to refuse to not go along with the ones that followed. When the women were finally stripped of their identities, they felt as though they had deserved it because they had done nothing to try and save any of their other rights. "We looked at one anothers faces and saw dismay, and a certain shame, as if wed been caught doing something we shouldnt. Its outrageous one woman said, but without belief. What was it about this that made us feel we deserved it?"(p. 166) The Sons used this insecurity to round up the women and place them in institutions where they would be "safe". Once they had them within their clutches, they were able to use them for their own purposes. The key to the whole program was using other women to train and control them. It is hard to go against your own kind, and the Sons knew that if they used men, it wouldnt work. The women would feel oppressed and strike back as one group, or could too easily seduce the males to get their own way. "Something could be exchanged... We still had our bodies."(p. 4) By using other women, known as the Aunts, they could tell the women that they understood and knew what it was like, and that all this was for their own good, to keep them safe and make their world a better place. There were many of these training facilities, but we learn the most about the red centers, where the women are trained to be handmaidens. In other words, mistresses, to bear children for wives who were no longer capable of child birth, but too important to get rid of. Older women, and some incapable of child birth were trained as Marthas. They were servants to the wives and raised the children, if they were lucky enough to have one. The poorer women were called Econowives and performed the duties of wife, handmaiden and Martha. The final category was the "unwomen"; those who had committed some crime such as abortion, or who were too old to be good for anything. These "unwomen" were sent to the edges of the colonies to clean up nuclear waste or work in the industries. Both of which would soon lead to death. The women were distinguished by the color of robes they wore, which reached to the ground, revealing nothing. This was another way of keeping them safe, so men would not be tempted. The handmaids wore red, the Marthas green, the wives blue, daughters white, the unwomen wore grey, and "the striped dresses, red and blue and green and cheap and skimpy, mark the women of the poorer men."(p. 23) the econowives. "Sometimes there is a woman all in black, a widow. There used to be more of them, but they seem to be diminishing."(p. 23) The Sons of Jacob did not want any fertile women to go to waste. The handmaids and Marthas were then given positions in the houses. Marthas were permanent, but a handmaid changed every three years, if they lasted that long. Becoming pregnant was always first and foremost in their minds. Their lives depended on it. The handmaid telling the story grew to despise her body because it determined who she was so completely. Yet, "No woman in her right mind, these days, would seek to prevent a birth, should she be so lucky as to conceive."(p. 32) The children of the handmaids were to become the daughters and be married off to the soldiers and begin reproducing as soon as possible. Once more daughters were born and raised, it was planned that there would no longer be any need for the handmaids. The wives had only the duty of hostess, tending the garden, and knitting scarves for the men in the front lines. The wife to which the handmaid served, had in the past given, "speeches about the sanctity of the home, about how women should stay home. Serena Joy didnt do this herself, she made speeches instead, but she presented this failure of hers as a sacrifice she was making for the good of all." Now, "She stays in her home, but it doesnt seem to agree with her - How furious she must be, now that shes been taken at her word."(p. 43) Before the Sons of Jacob took over, there were many reasons why people were no longer having children at the normal rate. First, the pollution, diseases, nuclear problems and resulting mutants deterred people from having children because the future looked pretty bleak. Secondly, crime rate was very high, with most of them being sexual atrocities. Women and children were in danger, yet many people denied that such things could ever happen to them, and did nothing to stop it. Thirdly, everyone had become very materialistic. People spent their whole lives striving to be the best and have the most, giving no thought to others, and having no time or money for children. People were afraid to bring a child up in a world such as it was, and abortions and birth control devices were common. The blame, however, was placed on the women, since they could choose whether or not to bear children. Yet people still were desperate for children, and wanted them at any cost. "I turned around and she was disappearing down the aisle, in the arms of a woman Id never seen before... I thought it was an isolated incident, at the time..."(p. 59) Once the Sons took over, this became the norm. Children were taken from women who were deemed unfit, and given to people who would raise them "right". All for the good of their country. "Better never means better for everyone, ... It always means worse, for some."(p. 198) People did not want to acknowledge how society was falling to pieces around them. "We lived, as usual, by ignoring. Ignoring isnt the same as ignorance, you have to work at it."(p. 53) The Sons created a world where it would be safe for children, and women. It also eliminated sex. It was no longer for enjoyment, but a necessity for life. Before it had been out of control, "There were stories in the newspapers... but they were about other women, and the men who did such things were other men. None of them were the men we knew. The newspaper stories were like dreams to us, bad dreams dreamt by others."(p. 53) People had the freedom to do whatever they wanted, and many took advantage of this, "We seemed to be able to choose, then. We were a society dying... of too much choice."(p. 24) The Sons took away their freedom of choice and gave them something else, "There is more than one kind of freedom... Freedom to and freedom from. In the days of anarchy, it was freedom to. Now you are being given freedom from. Dont underrate it."(p. 24) The Sons of Jacob were able to obtain control over society, because society was ready for a change. People were sick of living in fear and afraid for their future. The Sons changed this by dominating the women by giving them strict rules to follow and reducing their role in life to that of giving life. However, they also attempt to suppress the need to touch, which will be their undoing. Works Cited Atwood, Margaret. The Handmaids Tale. Toronto: McClelland-Bantam, Inc., 1985. f:\12000 essays\law & government (233)\Handguns vital weapons or deadly killers.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Firearms; Vital Tools for Self Defense or Deadly Killers? Introduction There are presently in excess of 200 million guns in the United States, according to the Bureau of Alcohol, Tobacco and Firearms Each year this number grows by 4 to 5 million. There are 60 to 65 million legal owners of one or more guns.1 There is a firearm on the premises of more than half the households in America. Most of them keep guns for protection. The others keep them for hunting, target shooting, collecting, and similar pursuits. In recent years nearly 35,000 people have been killed annually by guns in the United States. These deaths include 15,000 murders, 18,000 suicides, and 1,500 accidents.2 It is because of these statistics that many would like to ban guns altogether. But is that really in your best interest? Would it really benefit this country, or reduce the number of murders in this country? Consider the evidence in this article and you will see that guns should not be outlawed and that less gun control in necessary to preserve what the founders of this country believed in. Guns are Beneficial Guns can help prevent crime. This is a view held by many opponents to gun control. The criminals themselves agree. As part of a three - year study by the U. S. Department of Justice, criminals in prisons across the nation were interviewed. Sixty percent feared being shot by an armed citizen more than being shot by the police. fifty - three percent did not commit a specific crime because they were afraid the victim was armed. Fifty - seven percent of them were scared off by an armed victim who either brandished a gun or actually fired it.3 This alone shows that crime would drop if more citizens owned, carried and knew how to use guns. One such case involved eleven - year old Jason Green of Houston, Texas. Home alone one night, he heard noises in the house. Arming himself with his father's shotgun he investigated and caught a burglar in the act. Just then his mother pulled up outside in the family car. Fearing the burglar might harm his mother Jason fired. His mother reacted by bursting into the house and firing her revolver. Hit by bullets from both guns the burglar died. Jason's mother, like Jason, was defending her house against an intruder. There are about 645,000 defensive uses of handguns each year, according to Gary Kleck, a professor at Florida State University. He bases his figure on several surveys on handgun use, including one done for an organization that favors banning all guns. Kleck also concluded that hand guns used in self - defense, or some other legally justified cause kill 1,500 to 2,800 criminals every year. If other types of firearms besides handguns are included, then over 1,000,000 law - abiding citizens use guns for self - defense annually. Guns also provide vulnerable women with some form of protection against rape and other violent crime. Recently, Orlando, Florida saw an increase in the number of rapes over a twelve - month period from 12.8 per 100,000 to 35.9 per100,000. Women in Orlando were afraid to go out alone, even in the daytime. Citizens of Orlando demanded that something be done. Something was done. the Orlando Police Department set up a program to train women to use handguns. Over three thousand women armed themselves and took training courses. As a result, Orlando's rape figure dropped to 4.1 per 100,000 - a 90 percent drop from the previous high. Similar programs in Detroit and Highland Park, Michigan, and Montgomery, Alabama saw impressive reductions in crimes against women, including both rape and robbery. One woman victim decided on her own that she had enough. A fifty - one year old woman of Los Angeles, California, twice raped by the same man, purchased a handgun and took lesions to learn how to use it. When the man return a third time she shot and killed him. These are just a handful of examples of why handguns help prevent crime. There are literally thousands of these stories. The bottom line though is criminals will have guns and other weapons whether the government takes them away from law - abiding citizens or not. The plain and simply fact is guns give people an effective way to arm yourself and protect yourself when the police aren't around. Whether or not proponents of gun control want to admit it or not this is a proven fact. Is Banning Guns a Good Idea? The answer is clear, NO. Why not you may ask? Ask yourself this, if the government were to ban the sale and use and ownership of guns would criminals comply with this law? The problem with most gun control measures is that gun violence relates not to the number of guns but to who owns them. A person who is willing to commit a crime is not likely to abide by gun registration laws or even bans. James D. Wright a professor of sociology at the university of Massachusetts asks, Why should we expect felons to comply with a gun law when they readily violate laws against robbery, assault and murder?"4 For this reason, many people argue, restrictive laws will not reduce crime because criminals will still have guns. And if criminals still have guns violence will continue. New York City, for example, has very tight handgun restrictions. To buy a handgun, city residents must apply to the police for a permit. Very few permits are given out. They primarily go to active duty and retired police officers, security guards and bodyguards. In addition anyone caught carrying a concealed handgun without a permit faces a felony charge and a mandatory prison sentence. Because of these restrictions, as of April 1991 there were only 61,497 legally owned handguns in New York City, a city of nearly 8 million people.5 Yet research indicates that there are at least 750,000 hand guns in the city and gun - related crime remains high. In 1989, 70 percent of the city's twenty - two hundred homicides were caused by gunfire. The BATF says that 96 percent of all handguns used for criminal purposes come from outside the city. This means that criminals still obtain handguns for illicit purposes despite New York's tough laws. But should the government have the right and the power to take guns away from citizens? This will be discussed in the next section. The Second Amendment The second amendment is a very simple idea that many people will try to complicate. Why? Because they try to twist it's concept to support their own ideas. But the second amendment to the constitution is a very straight forward, simple statement. The second amendment simply says " A well - regulated militia being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed." Gun control proponent argue that this only applies to a state militia and not the right of an individual to own and carry a gun. Let us examine the constitution to see if this is indeed the case. Let us begin by examining the first amendment. It states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Notice first of all that in this single amendment to the constitution there are actually six rights guaranteed to the "people". This will be significant in later discussion. Next, notice the significance of the word "people". This word simply means "the persons composing a community or tribe or race or nation." or "the subjects or citizens of a state". Notice that it doesn't mean the public as a whole or one but rather it means each individual. With that said let us move on to the amendment in questioned, the second. " A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." Let us examine this one part at a time. "A well regulated militia being necessary to the security of a free state comma". This is ensuring the right of each state to have and regulate it's own militia. At the time of the writing of the constitution people were afraid of an over powering, dominating government like the government of England that they overthrew. This right would ensure that the Federal army wouldn't have total power as in the case of England. This would also give the states the independence they wanted while maintaining the unity of the whole country. Again, notice the comma. A comma is used to indicate the separation of ideas in a list. This comma can only mean one thing. This is were the idea of more than one right in an amendment come into play. Similar to the first amendment, this amendment guarantees more than one right. What is the second right guaranteed in the second amendment? The amendment continues " the right of the 'people' to keep and bear arms shall not be infringed." Here it is spelled out in black and white, in a simple statement. The people or each citizen has the right to keep and bear firearms. Proponents of gun control seem to forget this simple statement. They try to twist these simple idea to get people to believe that this only applies to the state militia. As we see here though, from a simple discussion and a little reasoning we can see just how simple an idea this is. Conclusion In this paper it was shown just how regular citizens were able to defend themselves with the use of a gun. This was because they were trained in the use of the firearm as well as the safety aspects of its use. It has been shown that criminals are afraid of citizens armed with a gun. It has been shown that arming one self with a firearm can not only be a deterrent to crime but a successful defense. It was shown that if guns were outlawed then only outlaws would have guns. It has been shown that owning and caring a gun is your constitution right as laid out in the second amendment. Whether you agree with the evidence presented in this paper or not this are the facts. Some gun control proponents will try to distort these facts to hide the truth. But this is the truth. It is because of public option, fear and a misunderstanding of guns that many people feel that guns should be made illegal. But outlawing guns is not the answer. Alleviating the fear and misunderstanding about firearms is. It is only then that many people will see the benefit of the firearm. Taking guns away from law - abiding citizens while felons continue to use them is not the answer. It is your constitutional right to keep and bear arms. Clearly we have seen that outlaw guns would not be in our best interest. We have seen that doing so would not reduce the number of innocent people killed each year. This is why guns should not be outlawed and less gun control in necessary to preserve the idea and philosophies set out in the constitution of the United States. Endnotes 1. Ted Gottfried, Gun Control and The Right to Bear Arms (Brookfield, Ct.: Millbrook Press, 1993 ), pg. 13 2. Ibid pg 17 3. Ibid pg. 48 4. Neil Bernard, Gun Control ( San Diego, Ca., Lucent Books, 1991 ) pg 68 5. Ibid pg. 56 Bibliography Aitkens, Maggi. Should We Have Gun Control. Minniapolis, Minn: ., Lerner Publications. 1992. Bernard, Neil. Gun Control. San Diego, Ca.: Lucent Books. 1991. Gottfried, Ted., Gun Control and The Right to Bear Arms. Brookfield, Ct.: The Millbrook Press., 1993 Gottlieb, Alan. Gun Rights Fact Book Bellevue, Washington: Merril Press, 1988. Robers, Joseph Jr.The Armed Citizen. Washington D.C. : The Nation Rifile Association of America. 1989. Firearms; Vital Tools for Self Defense or Deadly Killers? Introduction There are presently in excess of 200 million guns in the United States, according to the Bureau of Alcohol, Tobacco and Firearms Each year this number grows by 4 to 5 million. There are 60 to 65 million legal owners of one or more guns.1 There is a firearm on the premises of more than half the households in America. Most of them keep guns for protection. The others keep them for hunting, target shooting, collecting, and similar pursuits. In recent years nearly 35,000 people have been killed annually by guns in the United States. These deaths include 15,000 murders, 18,000 suicides, and 1,500 accidents.2 It is because of these statistics that many would like to ban guns altogether. But is that really in your best interest? Would it really benefit this country, or reduce the number of murders in this country? Consider the evidence in this article and you will see that guns should not be outlawed and that less gun control in necessary to preserve what the founders of this country believed in. Guns are Beneficial Guns can help prevent crime. This is a view held by many opponents to gun control. The criminals themselves agree. As part of a three - year study by the U. S. Department of Justice, criminals in prisons across the nation were interviewed. Sixty percent feared being shot by an armed citizen more than being shot by the police. fifty - three percent did not commit a specific crime because they were afraid the victim was armed. Fifty - seven percent of them were scared off by an armed victim who either brandished a gun or actually fired it.3 This alone shows that crime would drop if more citizens owned, carried and knew how to use guns. One such case involved eleven - year old Jason Green of Houston, Texas. Home alone one night, he heard noises in the house. Arming himself with his father's shotgun he investigated and caught a burglar in the act. Just then his mother pulled up outside in the family car. Fearing the burglar might harm his mother Jason fired. His mother reacted by bursting into the house and firing her revolver. Hit by bullets from both guns the burglar died. Jason's mother, like Jason, was defending her house against an intruder. There are about 645,000 defensive uses of handguns each year, according to Gary Kleck, a professor at Florida State University. He bases his figure on several surveys on handgun use, including one done for an organization that favors banning all guns. Kleck also concluded that hand guns used in self - defense, or some other legally justified cause kill 1,500 to 2,800 criminals every year. If other types of firearms besides handguns are included, then over 1,000,000 law - abiding citizens use guns for self - defense annually. Guns also provide vulnerable women with some form of protection against rape and other violent crime. Recently, Orlando, Florida saw an increase in the number of rapes over a twelve - month period from 12.8 per 100,000 to 35.9 per100,000. Women in Orlando were afraid to go out alone, even in the daytime. Citizens of Orlando demanded that something be done. Something was done. the Orlando Police Department set up a program to train women to use handguns. Over three thousand women armed themselves and took training courses. As a result, Orlando's rape figure dropped to 4.1 per 100,000 - a 90 percent drop from the previous high. Similar programs in Detroit and Highland Park, Michigan, and Montgomery, Alabama saw impressive reductions in crimes against women, including both rape and robbery. One woman victim decided on her own that she had enough. A fifty - one year old woman of Los Angeles, California, twice raped by the same man, purchased a handgun and took lesions to learn how to use it. When the man return a third time she shot and killed him. These are just a handful of examples of why handguns help prevent crime. There are literally thousands of these stories. The bottom line though is criminals will have guns and other weapons whether the government takes them away from law - abiding citizens or not. The plain and simply fact is guns give people an effective way to arm yourself and protect yourself when the police aren't around. Whether or not proponents of gun control want to admit it or not this is a proven fact. Is Banning Guns a Good Idea? The answer is clear, NO. Why not you may ask? Ask yourself this, if the government were to ban the sale and use and ownership of guns would criminals comply with this law? The problem with most gun control measures is that gun violence relates not to the number of guns but to who owns them. A person who is willing to commit a crime is not likely to abide by gun registration laws or even bans. James D. Wright a professor of sociology at the university of Massachusetts asks, Why should we expect felons to comply with a gun law when they readily violate laws against robbery, assault and murder?"4 For this reason, many people argue, restrictive laws will not reduce crime because criminals will still have guns. And if criminals still have guns violence will continue. New York City, for example, has very tight handgun restrictions. To buy a handgun, city residents must apply to the police for a permit. Very few permits are given out. They primarily go to active duty and retired police officers, security guards and bodyguards. In addition anyone caught carrying a concealed handgun without a permit faces a felony charge and a mandatory prison sentence. Because of these restrictions, as of April 1991 there were only 61,497 legally owned handguns in New York City, a city of nearly 8 million people.5 Yet research indicates that there are at least 7 . Firearms; Vital Tools for Self Defense or Deadly Killers? Introduction There are presently in excess of 200 million guns in the United States, according to the Bureau of Alcohol, Tobacco and Firearms Each year this number grows by 4 to 5 million. There are 60 to 65 million legal owners of one or more guns.1 There is a firearm on the premises of more than half the households in America. Most of them keep guns for protection. The others keep them for hunting, target shooting, collecting, and similar pursuits. In recent years nearly 35,000 people have been killed annually by guns in the United States. These deaths include 15,000 murders, 18,000 suicides, and 1,500 accidents.2 It is because of these statistics that many would like to ban guns altogether. But is that really in your best interest? Would it really benefit this country, or reduce the number of murders in this country? Consider the evidence in this article and you will see that guns should not be outlawed and that less gun control in necessary to preserve what the founders of this country believed in. Guns are Beneficial Guns can help prevent crime. This is a view held by many opponents to gun control. The criminals themselves agree. As part of a three - year study by the U. S. Department of Justice, criminals in prisons across the nation were interviewed. Sixty percent feared being shot by an armed citizen more than being shot by the police. fifty - three percent did not commit a specific crime because they were afraid the victim was armed. Fifty - seven percent of them were scared off by an armed victim who either brandished a gun or actually fired it.3 This alone shows that crime would drop if more citizens owned, carried and knew how to use guns. One such case involved eleven - year old Jason Green of Houston, Texas. Home alone one night, he heard noises in the house. Arming himself with his father's shotgun he investigated and caught a burglar in the act. Just then his mother pulled up outside in the family car. Fearing the burglar might harm his mother Jason fired. His mother reacted by bursting into the house and firing her revolver. Hit by bullets from both guns the burglar died. Jason's mother, like Jason, was defending her house against an intruder. There are about 645,000 defensive uses of handguns each year, according to Gary Kleck, a professor at Florida State University. He bases his figure on several surveys on handgun use, including one done for an organization that favors banning all guns. Kleck also concluded that hand guns used in self - defense, or some other legally justified cause kill 1,500 to 2,800 criminals every year. If other types of firearms besides handguns are included, then over 1,000,000 law - abiding citizens use guns for self - defense annually. Guns also provide vulnerable women with some form of protection against rape and other violent crime. Recently, Orlando, Florida saw an increase in the number of rapes over a twelve - month period from 12.8 per 100,000 to 35.9 per100,000. Women in Orlando were afraid to go out alone, even in the daytime. Citizens of Orlando demanded that something be done. Something was done. the Orlando Police Department set up a program to train women to use handguns. Over three thousand women armed themselves and took training courses. As a result, Orlando's rape figure dropped to 4.1 per 100,000 - a 90 percent drop from the previous high. Similar programs in Detroit and Highland Park, Michigan, and Montgomery, Alabama saw impressive reductions in crimes against women, including both rape and robbery. One woman victim decided on her own that she had enough. A fifty - one year old woman of Los Angeles, California, twice raped by the same man, purchased a handgun and took lesions to learn how to use it. When the man return a third time she shot and killed him. These are just a handful of examples of why handguns help prevent crime. There are literally thousands of these stories. The bottom line though is criminals will have guns and other weapons whether the government takes them away from law - abiding citizens or not. The plain and simply fact is guns give people an effective way to arm yourself and protect yourself when the police aren't around. Whether or not proponents of gun control want to admit it or not this is a proven fact. Is Banning Guns a Good Idea? The answer is clear, NO. Why not you may ask? Ask yourself this, if the government were to ban the sale and use and ownership of guns would criminals comply with this law? The problem with most gun control measures is that gun violence relates not to the number of guns but to who owns them. A person who is willing to commit a crime is not likely to abide by gun registration laws or even bans. James D. Wright a professor of sociology at the university of Massachusetts asks, Why should we expect felons to comply with a gun law when they readily violate laws against robbery, assault and murder?"4 For this reason, many people argue, restrictive laws will not reduce crime because criminals will still have guns. And if criminals still have guns violence will continue. New York City, for example, has very tight handgun restrictions. To buy a handgun, city residents must apply to the police for a permit. Very few permits are given out. They primarily go to active duty and retired police officers, security guards and bodyguards. In addition anyone caught carrying a concealed handgun without a permit faces a felony charge and a mandatory prison sentence. Because of these restrictions, as of April 1991 there were only 61,497 legally owned handguns in New York City, a city of nearly 8 million people.5 Yet research indicates that there are at least 750,000 hand guns in the city and gun - related crime remains high. In 1989, 70 percent of the city's twenty - two hundred homicides were caused by gunfire. The BATF says that 96 percent of all handguns used for criminal purposes come from outside the city. This means that criminals still obtain handguns for illicit purposes despite New York's tough laws. But should the government have the right and the power to take guns away from citizens? This will be discussed in the next section. The Second Amendment The second amendment is a very simple idea that many people will try to complicate. Why? Because they try to twist it's concept to support their own ideas. But the second amendment to the constitution is a very straight forward, simple statement. The second amendment simply says " A well - regulated militia being necessary to the security of a free state, the right of the people to keep and bear Arms shall not be infringed." Gun control proponent argue that this only applies to a state militia and not the right of an individual to own and carry a gun. Let us examine the constitution to see if this is indeed the case. Let us begin by examining the first amendment. It states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Notice first of all that in this single amendment to the constitution there are actually six rights guaranteed to the "people". This will be significant in later discussion. Next, notice the significance of the word "people". This word simply means "the persons composing a community or tribe or race or nation." or "the subjects or citizens of a state". Notice that it doesn't mean the public as a whole or one but rather it means each individual. With that said let us move on to the amendment in questioned, the second. " A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." Let us examine this one part at a time. "A well regulated militia being necessary to the security of a free state comma". This is ensuring the right of each state to have and regulate it's own militia. At the time of the writing of the constitution people were afraid of an over powering, dominating government like the government of England that they overthrew. This right would ensure that the Federal army wouldn't have total power as in the case of England. This would also give the states the independence they wanted while maintaining the unity of the whole country. Again, notice the comma. A comma is used to indicate the separation of ideas in a list. This comma can only mean one thing. This is were the idea of more than one right in an amendment come into play. Similar to the first amendment, this amendment guarantees more than one right. What is the second right guaranteed in the second amendment? The amendment continues " the right of the 'people' to keep and bear arms shall not be infringed." Here it is spelled out in black and white, in a simple statement. The people or each citizen has the right to keep and bear firearms. Proponents of gun control seem to forget this simple statement. They try to twist these simple idea to get people to believe that this only applies to the state militia. As we see here though, from a simple discussion and a little reasoning we can see just how simple an idea this is. Conclusion In this paper it was shown just how regular citizens were able to defend themselves with the use of a gun. This was because they were trained in the use of the firearm as well as the safety aspects of its use. It has been shown that criminals are afraid of citizens armed with a gun. It has been shown that arming one self with a firearm can not only be a deterrent to crime but a successful defense. It was shown that if guns were outlawed then only outlaws would have guns. It has been shown that owning and caring a gun is your constitution right as laid out in the second amendment. Whether you agree with the evidence presented in this paper or not this are the facts. Some gun control proponents will try to distort these facts to hide the truth. But this is the truth. It is because of public option, fear and a misunderstanding of guns that many people feel that guns should be made illegal. But outlawing guns is not the answer. Alleviating the fear and misunderstanding about firearms is. It is only then that many people will see the benefit of the firearm. Taking guns away from law - abiding citizens while felons continue to use them is not the answer. It is your constitutional right to keep and bear arms. Clearly we have seen that outlaw guns would not be in our best interest. We have seen that doing so would not reduce the number of innocent people killed each year. This is why guns should not be outlawed and less gun control in necessary to preserve the idea and philosophies set out in the constitution of the United States. Endnotes 1. Ted Gottfried, Gun Control and The Right to Bear Arms (Brookfield, Ct.: Millbrook Press, 1993 ), pg. 13 2. Ibid pg 17 3. Ibid pg. 48 4. Neil Bernard, Gun Control ( San Diego, Ca., Lucent Books, 1991 ) pg 68 5. Ibid pg. 56 Bibliography Aitkens, Maggi. Should We Have Gun Control. Minniapolis, Minn: ., Lerner Publications. 1992. Bernard, Neil. Gun Control. San Diego, Ca.: Lucent Books. 1991. Gottfried, Ted., Gun Control and The Right to Bear Arms. Brookfield, Ct.: The Millbrook Press., 1993 Gottlieb, Alan. Gun Rights Fact Book Bellevue, Washington: Merril Press, 1988. Robers, Joseph Jr.The Armed Citizen. Washington D.C. : The Nation Rifile Association of America. 1989. . f:\12000 essays\law & government (233)\harley davidson inc .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ HARLEY - DAVIDSON INC. MOTORCYCLE INDUSTRY INTRODUCTION The purpose of this report is to develop a strategic corporate objective for HarleyDavidson Inc., a publicly traded, employee owned manufacturer of heavyweight motorcycles, recreational and commercial vehicles, military defense items, and small engines, distributing its products to domestic and international markets targeting all men and women of all ages. INDUSTRY AND COMPETITIVE MARKET The industry under study is the motorcycle industry consisting of five major manufacturers: one American (Harley Davidson), and four Japanese (Honda, Yamaha, Kawasaki, Suzuki) and some European companies (mainly BMW of Germany and some other Italian companies). Most companies market their motorcycles and accessories on a worldwide basis, handling international trade through foreign distributors and domestic sales through franchised outlets. Industry sales of motorcycles were shrinking in the early l990s because of the recession and the competition from computers and electronic products decreasing consumers' discretionary income. Sales of accessories and parts make up 36% of total retail sales and is a viable area for producers to explore because people want something to differentiate their bikes. Previously, motorcycles were viewed as a cheap means of transportation. By 1992, they came to be viewed as a recreational, or a luxury item. This new perception of motorcycles led to the introduction of more expensive models with higher prices. This led to the introduction of consumer financing, one of the fastest growing service areas in the motorcycle industry. MISSION Harley's strategic objective is to continue to provide safe, high technology heavyweight bikes and keep customer satisfaction at high levels. This quality vision more than doubled Harley's market share and increased its brand loyalty. EXTERNAL PLANNING PREMISES CUSTOMERS They can be divided into 2 categories men and women. Men. A. Men under 30. This group accounts for 44% of all sales. Therefore, a great opportunity exists here because of the group's size. This group's members buy motorcycles for their transportation and recreation needs. Men in this group buy more of mopeds, scooters and entry level lightweight road bikes. B. Men between 30 and 50. This age group makes up 45k of buyers another large area providing opportunities for firms. The motorcycles most frequently purchased are the heavyweight tourers and cruisers. Many buyers are married couples looking for an alternative to taking the car out for weekend drives to the country. C. Men over 50. This group accounts for about 11% of motorcycle sales. The heavyweight touring class and the middleweight road bike categories account for most of the sales here. Women. This group is a segment that is growing at a fast rate, thereby representing an opportunity area. Firms to be successful here are to provide smaller, easier to handle, comfortable, and good quality bikes to build up brand loyalty. PRODUCTS Three types of products/services are being offered motorcycles, accessories, and financing services, all related to the sale of the main product motorcycles. Motorcycles: It includes mopeds or scooters (with engines under 125cc which are used as an alternative to walking), accounting for about 17% of total motorcycle sales; lightweight motorcycles road bikes, dirt bikes, dual purpose bikes (with engines ranging from 125cc to 499cc), accounting for 51% of sales; sport motorcycles street bikes, and superbikes (with engines ranging from 450 to 749cc) accounting for 13% of sales; heavyweight motorcycles cruisers, tourers (ranging from 750cc to 1500cc) accounting for 19% of sales. Accessories: Aftermarket accessories, such as saddle bags, higher windshields, customized seats, and clothing items are produced or contracted to be produced by all leading manufacturers. Since these items realize high profits and strengthen customer relations and customer loyalty, this area is providing an opportunity for companies. To succeed here, firms provide a wide product line, of stylish items, and aggressively advertise/market them. Financing Services: As prices of motorcycles increased well above the reach of many motorcycle enthusiasts, manufacturers begun to set up consumer credit arrangements falling into 3 categories consumer, dealer, and corporate financing. Financing services are vital for success in the industry and firms unable to provide them will lose market share. To succeed here, firms are to provide a wide variety of flexible (in terms of maturity and payment arrangements) plans. MARKETS Although motorcycles are sold internationally, 3 main geographic markets comprise the bulk of motorcycle sales North America, Asia, and Europe. The largest is the North American Market (USA and Canada account for about 60% of this market) accounting for 60% of worldwide motorcycle sales. With the baby generation aging, opportunities exist for the penetration of new markets. The Japanese market accounting for a great chunk of the Asian Market is an untapped one for foreign manufacturers. Government regulations and trade policies make it difficult for foreign manufacturers to enter though. Most Asians consider motorcycles as a basic means of transportation. Major target areas include China, Korea, Taiwan and Vietnam. The European Market is another market with great potentials since Europeans have a higher disposable income and enjoy a higher standard of living. Eastern Europe is not offering a good deal mainly because of its unstable political and economic environment. To succeed in these markets, firms are to modify products to meet local needs, provide after sales service, expand distribution networks, create strong customer COMPETITION Competition in the motorcycle industry consists of only a handful of producers worldwide. The Japanese producers Honda, Yamaha, Kawasaki, and Suzuki are producing a full line of motorcycles ranging from scooters to heavyweights, and together control the largest share of the market. Their wide product line though has also created some customer complaints to them (especially true for Honda and Kawasaki) for low quality service. This significantly decreased their market shares. Japanese companies' success began with copying other products, but evolved to depend on innovative designs and technology. Harley Davidson is producing heavyweight motorcycles emphasizing good quality product and after sales service, thereby building up brand loyalty. Honda is the largest company in terms of size, financial backing, and reputation. It is offering the widest selection of styles, classes and sizes within the heavyweight category. This wide product line hurts Honda since salespeople have limited knowledge of each product. Kawasaki's products include a full line of motorcycles, all terrain vehicles, jet skis and other. It is the leader in superbikes manufacturing but US legislation is limiting the number of sports bikes to be imported because of safety reasons. Yamaha produces Harley clones but lacks Harley's image. Being a market follower, Yamaha is to face many problems. BMW is famous of producing quality products but its high prices hold it from expanding sales. INTERNAL PLANNING PREMISES CUSTOMERS l. Men. Under 30: This segment is growing since men in this category look for a cheaper alternative means of transportation and for recreational purposes. Harley is to produce high quality, safe bikes, with radical styles and provide them at reasonable prices to build up brand loyalty. 30 50: Recent demographic profiles show that the median age of buyers of Harley products is 35 and their customers' median household income is about $45,000. These customers account for a great market chunk and, therefore, provide an opportunity for Harley, which is to provide them with safe, high performance, good quality bikes to increase brand loyalty and succeed in this segment. Over 50: Motorcycle lovers still want to ride Harleys when they are above 50 years of age but they now look for more comfortable, easy to use bikes. Harley is to provide them with both of them in order to penetrate this market. PRODUCTS Motorcycles. Harley Davidson produces only heavyweight motorcycles (with enginedisplacements of 750cc or greater) that are categorized into touring and cruiser motorcycles. Touring motorcycles are designed for long distance riding and feature many car like features (i.e., trunks), and provide Harley with the greatest profit margin. Cruisers are styled after early motorcycles and are the kind most often associated with Harley. They provide a very low profit margin because of their low prices used as a means to attract young customers. Harley is to increase its R&D to improve product designs, quality, and safety. It is also to offer a guaranteed resale value (that most Japanese firms are lacking), offer a high quality after sales service and, therefore, build up its brand loyalty. Accessories. This category includes a new line of riding and fashion apparel bearing the Harley Davidson insignia. These products are distributed to Harley retailers and outlets in the retail clothing market. Harley is to provide a wide variety of stylish products and aggressively market them. Financing Services. Harley offers financing through a joint venture with Ford Motor Credit Company (FMCO). Harley due to its lack of capital, avoided forming its own subsidiary providing financing services something that Honda and Kawasaki have already done. Harley is to offer a wide variety of flexible plans to meet this great opportunity that arose due to inflated prices of motorcycles and willingness of people to use credit lines as a way to improve their standard of living. MARKETS Harley is the established leader of heavyweight motorcycles in the North American market, accounting for about 60% of the market share. The size of its market share provides an opportunity for Harley to exploit. Its customers are the most loyal of any other brand and its products have great reputation. Foreign markets are growing very fast because customers there are obsessed with Harley's quality and safety bikes and provide a great opportunity for Harley to exploit. The main problem is Harley's limited production capability, putting customers in a waiting list for a couple of months. To succeed here Harley is to create good customer ties, provide after sales service, build up its customer loyalty, expand its distribution network, and modify its products to meet local customer needs. DECISION CHART Alternative 1 calls for the manufacturing of all types of motorcycles, current accessories line, and providing financing services through FMCO, targeting all customers in both the domestic (70% emphasis) and foreign markets (30% emphasis). Alternative 2 includes the expansion of the accessory line, offer financing services through a wholly owned subsidiary and manufacture sport and heavy weight motorcycles, targeting men (90% emphasis) and women (10% emphasis) in both the domestic and foreign markets (equal emphasis on both). Alternative 3 says that Harley should manufacture only heavyweight motorcycles, but expand its accessory line and provide financing services through FMCO, targeting men (95% emphasis) and women (5% emphasis) in both the domestic (60% emphasis) and foreign markets (40% emphasis). Decision The first alternative is based on the idea that Harley should capitalize on its current reputation and success by rapidly increasing demand, and by expanding its product line to include all kinds of bikes. This will enable Harley to match its competitors (i.e., Honda and Kawasaki) wide product lines and gain market share from them. This would also create major problems since increased quantity will destroy Harley's good reputation of producing safe, high quality, high performance bikes, thereby decreasing brand loyalty. Also, Harley is to produce lightweight, sport, and heavyweight motorcycles and that is to require additional capital that the firm is lacking. Therefore, Harley is to cut down on R&D and products quality and eventually lose out. Honda and Kawasaki demonstrated well that effect since their market shares decreased significantly. Alternative 2 calls for an expansion of the accessory line that is experiencing an increasing demand. The main focus of Harley will be on men it is to provide lower priced, high quality, safe, stylish products to its customers. Harley is to try to maintain its brand loyalty, good quality, after sales service, and strong customer ties (all major competitors are lacking these keys to success). The major drawbacks here are Harley's plan to pay equal emphasis on both domestic (its leading position here gives the firm a competitive advantage over its foreign competitors) and foreign markets. Since Harley is unable to meet demand for its products, and modify its products to meet local demands, it is to fail in succeeding in the foreign markets while loosing out in its high revenue producing domestic market. Also, more capital is needed since Harley is to create its own financing Subsidiary company. That is to cut down on Harley's ability to invest on R&D, and produce high quality products. Also, 10% emphasis on women is considered too large, since women account for less than 5% of Harley's customers. Alternative 3, which is the one that I recommend, capitalizes on Harley's strengths. The company is to produce only heavyweight motorcycles, thereby focusing its R&D on producing safe, good quality products. The company is to guarantee a high resale value and provide good after sales service. Also its decision to stay with FMCO financing gives the company an additional financial advantage to be used in targeting specific marketing niches. Customers under 30 years of age are to be provided with safe, stylish, high quality products at reasonable prices, thereby increasing brand loyalty. Safety issues are not being focused by the Japanese and that gives Harley a competitive edge here though they can provide their products at lower prices. Customers from 30 to 50 years of age are to be provided with high performance, safe products, building up Harley's brand loyalty that is considered the strongest, especially in the domestic market. Customers over 50 years of age are to be provided with comfortable, easy to handle bikes to increase their convenience. Foreign bikes are lacking this key and are expected to be outperformed by Harley. Harley's line of accessories (more emphasis on clothing) is to be expanded by providing a wider product line. That by itself would advertise its products and increase brand loyalty. Its plan to focus on the domestic market with 60% emphasis and on the foreign market with 40% emphasis is both good and bad. It is good in the sense that international demand for Harley products is increasing and that would increase the company's revenues since it will expand its distribution network, provide after sales service, and appear there with an already established brand loyalty. It is bad though to expand with 40% emphasis in the foreign markets because Harley is not strong in meeting consumer demand that is expected to grow even more and dissatisfy both domestic and foreign customers. Surely, Harley can solve this problem by getting loans, thereby expanding its plant capacity and meeting this increased demand. The future cash flows that will arise due to increased sales will be used to repay these loans and maintain the company's good credit rating. SWOT ANALYSIS Harley's high R&D accounts for innovative designs providing Harley with unique product designs that set Harley apart from its competition. In order to achieve that, Harley is to increase its R&D to improve product designs, quality, and safety. It is also to offer a guaranteed resale value (that most Japanese firms are lacking), offer a high quality after sales service and, therefore, build up its brand loyalty. Harley also, provides a wide variety of stylish accessory products and aggressively market them. Harley due to its lack of capital, avoided forming its own subsidiary providing financing services something that Honda and Kawasaki have already done, and that is a wickeness for the company. That lack of capital also makes the company unable of producing the amount of products needed. There are some oportunities for the company, For example the expansion of its markets o Asia and Europe. In addition, of having its own financial services is a profitable expansion. Some of the threats are the tarrifs that might exist in other markets, and the immitation of Harley's products from other competitors. STRATEGIES The strategies that the company might use have to do withe expansion to other markets like Asia, or Europe in order to increase sales and market share. In addition the creation of its own financial services could bring more profit. Harley should give a lot more emphasis to the male customers and also increase the emphasis on the foreign market close to 40%. IMPLEMENTATION ISSUES Some of the problems that the previous strategies may face depend on the lack of capital. Of course a loan could be beneficial since the returns from the sales would be enough to pay back the loan. In addition, exports in Europe are not that easy since the products are going to be taxed more, since they come from a country outside the Europian community. In the future a subsidiary in one of the European community countries would relax the tarrifs. TOWARDS THE FUTURE Towards the future the company is expected to do very well and increase its market share. The management objectives is expected to be the same as the current ones. Therefore the company is expected to manufactore only heavyweight motorcycles, but with the use of some loans will be able also to icrease sales in Asia and Europe. I ) DECISION CHART Kind of Decisions Alternative 1 Alternative 2 Alternative 3 Product Kind *Lightweight, sport, *Sport and heavyweight *Heavyweight motorcycles and heavyweight motorcycles. only. motorcycles. *Expand the line of acces- *Expand the line of accesso- *Stay with current sories to include more ries giving increasing em- line of accessories items. phasis on clothing. *Financing Services *Financing services through *Financing services through through FMCO a wholly-owned subsidiary. FMCO. Consumers *Target all customers *Concentrate on males *95% emphasis on male cus- from young to old. (90% emphasis) tomers and 5% emphasis on *10% emphasis on females females. Ownership *Keep as is *Keep as is *Keep as is Markets *70% emphasis on *Equal emphasis on the *60% emphasis on the dome- the domestic and domestic and foreign stic and 40% emphasis on 30% on the foreign markets. the foreign market. markets. Management *Keep as is *Keep as is *Keep as is f:\12000 essays\law & government (233)\Having a Gun.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Very often in life I would find myself strongly disagreeing and upholding the totally opposite point of view about the actions and behavior of those, whose deeds seemed to me rather disadvantageous and harmful to the entire community or society. These kind of actions were mostly coming from government authorities, and quite obviously, there was not much that could have been done in order to refute or override them. Therefore, not only once, the idea of having adequate power and authority to ban these kind of pernicious practices, would appeal to me. For the purpose of decreasing the crime rate, that was the top concern of the Ukrainian citizen, in 1994, some misguided politicians in government adopted the legislation repealing the previous amendment and thus, abolishing the constitutional right to own the handguns. Banning the sale of firearms seems to me a most malicious and reckless deed, that instead of safeguarding and protecting, endangers more the entire society. The Government justified this act by saying that it would protect the innocent citizens. But it failed to even entertain the notion that the enactment of this law would come to protect the right of those who violate the rights of others. It has never occurred to authorities that vicious criminals, in spite of this legislation, will still manage somehow to get the firearms. Innocent people, however, will suffer, because they will be less likely to obtain handguns in order to protect themselves and their families. Therefore, it would not be hard to imagine the carnage of the citizens, should there not be any guns in their homes. The criminals would walk in at any time they desired, they would take whatever they wanted, rape whom they wanted, and shoot whoever would resist. The Government defended the enactment of this law by declaring that people could not be secure as long as there would be handguns around; they could not be secure when three million people in the country had shotguns stuck in the glove compartment of their cars, bedside drawers, pockets and kitchen cabinets. But could they be secure if some criminal would try to take away somebody's car under the threat, rob and rape somebody in the street or try to burglarize somebody's home, knowing that they would not have any guns to protect themselves? The prompt and correct answer is "NO". The government was established to insure that none of our rights would be violated or taken away. It seems to me that the government, by infringing the right of people to keep and bear arms, has failed to provide its citizens with privilege of safety in their homes or the right to be able to walk freely in cities and towns. If I had enough authority and power to change the laws, I would definitely attract and repeal this legislation, that seems to be rather dangerous than protective. By doing so, I would bring safety, security and freedom to the entire society, because my point is that criminals would obtain the shotgun anyway, so why should not normal people have a chance to protect themselves by having a little insurance under their bed in the form of a gun. f:\12000 essays\law & government (233)\HESTER PRYNNE SANCTION.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The persistent issue of corporate punishment has been the proverbial thorn in the side of many people throughout history. Corporations have caused many people huge amounts of both physical and emotional pain due to instances of improper mechanical maintenance, ignorance towards the environment, and the manufacture of life threatening products. The main problem that lies as an obstacle in front of prosecutors of these corporations is, who do they punish? The Lord Chancellor of England questioned, "Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked?" Countless victims throughout history have been perplexed to come up with a solution to answer the Chancellor's question. How can people throw a corporation in jail, or have them compensate for their immeasurable losses? In his work The Hester Prynne Sanction, Peter French analyses ways in which the courts can change how they punish corporations more effectively. This essay will take a critical look at French's solution, examining if it is an effective and morally justified fashion of punishing corporations. In our society, retributive ideals have been implanted in us, as the famous biblical "eye for an eye" concept seems to be society's manner with which we punish criminals. This is an interesting case though, because corporations don't simply have one individual they can place the blame upon. Rather, they are comprised of hundreds or even thousands of people, and therefore there is no extensive punishment prosecutors can place upon everybody who is employed by a corporation. In a famous case in Indiana involving Ford Pinto whose "cost benefit analysis regarding the redesign of the gas tank on the Pinto" cost a person his life. The firm ended up paying $200,000, but how can you place a price on human life? And furthermore, who can you go after for retribution? The engineer who drew up the plans? The CEO who approved the change? Or even the Factory worker who placed the new tank in the car? None of them, according to the current laws, writes French. " The idea that a corporation can pay a court fine or a set sum to the relatives of its' victim in a homicide case, and therefore expiate its guilt is, however, regarded by many people as a shocking affront to justice." Very few of these cases can be directly linked to individual negligence or intentional recklessness, and the fines can easily be written off as business expenses. The corporations usually recover fines quickly by means of higher prices. This poses a major problem for society, because the fines imposed on corporations are not even regarded, " in the corporate world as punishment comparable to human incarceration." Therefore people want to gain control of the "most powerful institutions in our community" and more importantly gain the justice that they rightly deserve. This justice comes in the form of Peter French's Hester Prynne Sanction. French's Hester Prynne Sanction is an "alternative type of punishment" , and is a well thought out and researched proposal. The solution takes a psychological approach to the problem. French notes that our legal system is "guilt based, and guilt is an economic notion" , and that guilt has been looked at as a debt to a victim or to a society in general. The way to repay this debt is by punishment, which consequently acts as a means to repay and restore society's equilibrium. Therefore, if a corporation is guilty of pollution they simply repay society by donating money to a group who will "clean up" the astronomical mess they made, and in turn, the damage they caused will be repaid. French believes we, as a society, should abandon this outlook and switch to a shame based attitude when it comes to justice involved in the corporate law system, because the feeling of shame makes one feel inadequate or inferior. With this system, if a corporation was involved in a situation that was discordant with the law and trust had been shattered, the courts could induce shame as a means of punishment.. This shame would enlighten the media to the wrongdoing, who would in turn enlighten both the corporation of their mistakes, as well as the public of this "shameful behavior". The advantage to this new system is that shame cannot be eliminated by a payment. "Paying a fine cannot restore the status quo disrupted by shameful actions. It cannot reestablish worth or trust. Regaining worth, reclaiming identity is not a question of purchase." This forces the shameful party to act in a positive, courageous, and valiant way to try and recreate themselves as worthy. People look at the party involved with disgust which relays, " a signal to them that identity must be rebuilt." The Hester Prynne Sanction is a very effective method of deterring and punishing corporate offenders by inducing shame on an offender. The shame "threatens prestige, image, and social standing" , a mark that is carried with a person for the rest of his life, and this is particularly damaging in the corporate world where image, prestige and reputation are everything. For corporations to survive they must strive to maintain a good image, and a corporation with a tarnished image will suffer tremendous set backs, as they should. The imposition of The Hester Prynne Sanction on a corporation displays the corporations action which in turn arouses, " 1) appropriate social contempt, 2) a recognition of a failure to measure up and 3) the kind of adjustment to operating procedures, policies, and practices that are required for the corporate offender to regain moral worth in both its own eyes and those of the community. Rehabilitation is thereby served by retribution." This definitely proves that the sanction is a very important and effective method which our democratic society should adopt in hopes of finding a certain justice within the corporate law. The courts have the power and social credibility to make this justice reality, and force the corrupt corporations to face their mistakes. Court ordered "adverse publicity" would provide the vehicle with which society could punish these institutions. These would force the corporation to face the community it has hurt, and deal with the anger they brought upon themselves. The main problem facing this, is that the courts would have to find a clever writer who could penalize the corporation with its' literary prowess. The focus of money and training would be crucial, if the Sanction is to be a success. The courts should also use their power to order the corporation not to engage in rebutting or advertising anything about the sentence. If the corporation did try and advertise or promote itself after it had been ordered not to, then serious ramifications would ensue. This would be effective if the program was set up and run with stern order, financial stability, and a utilitarian outlook for the people. The assistance of fines to correct the problem would also aid the victims and the people that these corporations hurt. It can be noted as well that this program has been implemented recently. In a recent study seventeen corporations who have been found guilty were penalized through adverse publicity reported a loss of corporate prestige within the company, and this in turn is regarded as a major corporate concern. The loss of prestige within a company was noted, as being far more serious than the payment of a fine. This simply proves the effectiveness of the Sanction, through the process of shame a company endures many more detrimental setbacks, compared to a fine which if donated to the right company can almost create a better and cleaner persona for the corporation, no to mention a tax deductible situation. If a company is allowed to create a product that is detrimental to the environment or does not meet commonly accepted standards then it to should be subject to any punishment be it negative publicity or a public boycott of the product. Such measure would fall into the rules of the capitalistic game, a game in which you are only as good as your last product. If companies are allowed to peddle products in whatever form they choose, then victims as well should be able to seek retribution in any form they see fit. Adverse publicity seems to be the most effective tool for achieving this retribution. In summary, it is obvious that the Hester Prynne Sanction is the only effective method to punish these faceless corporations, who have opressed the community for years. The Sanction has already proven to be an effective, and also morally acceptable way, to serve and protect the needs of todays demnading society. f:\12000 essays\law & government (233)\History of Turkish Occupation of Northern Kurdistan .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Eric jensen Poli. Sci. (Third World Politics) 11/27/96 History of Turkish Occupation of Northern Kurdistan. Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish popular insurgency on it's hands, in Turkish occupied Northern Kurdistan. The Kurdish question has long been covered up and denied by the state of Turkey, but recent events has forced Turkey to concede that it has a serious Kurdish insurgency on its hands. Turkey's inability to deal with this situation is the result of the past seventy years of cultural, political, and human rights abuses directed against the Kurdish population. In fact, this "separatism" is so out of hand that the Turkish government has incessantly appealed to it's allies and advisories alike to help counter the escalating Kurdish asperation to succeed from the Turkish republic. Turkey's sputtering and deteriorating economy is directly related to the long Kurdish struggle for independence. Turkey has spent over eight billion dollars or twenty percent of her GDP to combat the ever deteriorating predicament in northern Kurdistan, and should spend more in the future(Laber). Because of the violence, the once prosperous tourist business of Turkey, has now lost about $1.5 billion dollars annually since 1990. Many people now talk openly of another possible military coup, there were three major military coups during the last thirty years (Alister) These circumstances in the state of Turkey have also hurt her chances of ever joining the ever wealthy European Union and battering its ailing economic situation. The depth of Turkey's domestic and ethnic dilemma is one of the many that have arisen after the end of the cold war, yet the cold war is a simple answer to a much more complex one. The factors that have arisen to contribute to this civil war were created far before Capitalism versus Communism, East versus West, or U.S versus the Soviet Union. In order to really comprehend the holistic situation in Turkey one must first be familiar with the complete history of the Turks and Kurds. The Kurds of Turkey constitutes, by far, the largest ethnic minority group in Turkey. The estimate of their population, however, are very dubious because of the past Turkish policy to deny the very existence of any minorities within the borders of her state. In fact, past Turkish rhetoric has been that there is no official Kurdish problem in Turkey, because officially no Kurds exist. We can ascertain that the kurds make up between twenty-five and thirty-three percent of the Turkey's population. This would put the Kurdish population about twelve to twenty million (Morris). Because of past and present forced Turkish assimilation practices, the Kurds live in all parts of the country, but most of the Kurdish population is concentrated in the southeastern part of Turkey. They represent a high percentage of the population in fifteen provinces and take up a total of thirty percent of all of Turkey (Kendal). Economically, the Kurds are the poorest inhabitants of the country. The per capita of a Kurd is one-tenth of a Turk living in Istanbul; well below the poverty line (McDowell). While the rest of Turkey has modernized and adopted some capitalistic practices, the Kurdish areas, by contrast, are underdeveloped and exploited by feudal landlords. The wealth of the area is "drained and channeled to the Turkish metropolis (Kendal)." Much of the region is relatively unchanged since the last seventy years of Turkish rule or has suffered even worse economically. The thirty million Kurds of the Middle East have lived in Kurdistan before record of modern history was kept. The very first mention of the Kurds in history was about 3,000 BC, under the name Gutium., as they fought the Summerians(Spieser). Later around 800 BC, the Indo-European Median tribes settled in the Zagros mountain region and coalesced with the Gutiums, and thus the modern Kurds speak from as Aryan language (Morris). The Kurds are mentioned by Xenaphon, a Greek mercenary, as he retreated from Persia with ten thousand men in 401 BC, he says of the Kurds, "These people, lived in the mountains and were very war-like and not subject to the Persian king. Indeed once a royal army of 120,000 thousand had once invaded their country, and not a man of them came back..(Morris)." When the Arabs spread Islam to the Middle East in the seventh century, most of the Kurds gradually adopted the religion but fiercely resisted Arab rule, much like today in modern day Iraq and Syria. This is evident in a legend about the prophet Mohammed; when the prophet called all the princes of the world to embrace the new religion, they all hurried to submit to the prophet of the new religion. When the Prophet saw the Kurdish representative, named Zemin, with his giant size and piercing eyes, the prophet prayed to God that such a terrifying people never unite as a single nation (Morris). Around the tenth century the Kurds became a military force to be reckoned with in the Middle East and defended Islam against the invading Christian crusaders and defeated the Mongolian armies at both Cerq De Chavalier and the fortress of Irbile. Saladine, and the majority of his troops were Kurdish (Safrastian). The Kurds established independent principalities, that never united, but often fought each other for the benefit of foreign powers. During the harsh reign of Shah Ismail in Persia, most of the Kurds who were Sunni Muslims, allied themselves with the Ottoman Sultan Selim "the Cruel" and played the pivotal part in defeating the Persian armies at Chaldiran in 1514, and thus most of the Kurds in Iran are still Sunni Muslims among a predominately Shiite majority. The Kurdish principalities, at this time were free from the central government and struck their own coinage and had Friday prayers in the name of the local prince (Morris). At that point of Kurdish history Kurdish culture and literature flourished. This lasted until the nineteenth century when the Ottoman empire tried to expand its rule into the Kurdish territories. Using the tool of divide and conquer, the Ottamans use Kurdish tribes to fight fellow Kurds. Though, the Ottoman government gained nominal control of the Kurdish areas, they were never able to establish direct rule(McDowell). During World War One, many Kurds actually remained loyal to the Empire. They fought bravely in many battles. The Kurds inflicted such heavy damages against the Tsarist government that they almost conceded to evacuating the entire Caucus region. Some historians also suggest, they were eighty percent of the Ottoman casualties at the infamous battle of Galilopi (Gunter). During the war the Young Turk government, in pursuit of a purely Turkic empire, massacred more then one million Armenians and seven hundred thousand Kurds. After the Ottoman loss, the Empire collapsed and was on the verge of fragmentation when a young army officer by the name of Mustafa Kemal emerged on the scene. Following the fatal defeat of the Ottoman empire after World War one, the remnants of the former empire were divided up among the victorious allied powers, even the Turkish speaking region were to come under the mandate of foreign administration. In fact, much of Anatolia was already occupied by Greek or Armenian forces. On August 10, 1920, Turkey and the allied powers signed the treaty of Sevres. This treaty allowed for the creation of an independent Kurdish and Armenian state on the remittance of the former Ottoman empire. This treaty was to become null and void. Around the same time the Serves treaty was being discussed, Mustafa Kemal gained power of what remained of the military and political infrastructure in Anatolia. Kemal, starting in the Kurdish region and proclaiming the unity of Turks and Kurds, organized resistance to the Armenian and Georgian forces in eastern Anatolia. These forces were defeated by almost entirely Kurdish armies, who thought they were fighting for a state where, "Turks and Kurds would live as brothers and as equals (Kendal)" as stated by Mustafa Kemal. However, after the defeat of the Greek armies in western Turkey, Kemal declared to an assembly that "The state the we have just created is a Turkish state (Kendal)" Immediately after, a strengthened Turkey renegotiated the Treaty of Lausanne with the allies. With much more favorable terms for the Turks, but no mention of the Kurds in the treaty. Thus the Kurds went from equal partners to non-existent citizens in the new Turkish state. After the treaty of Lousanne, Mustafa Kemal Ataturk proceeded to integrate the country and start a process of Westernize the once orthodox Islamic empire. Kemal abolished the Caliphate Arabic alphabet, and adopted the western Latin alphabet, thus implementing some capitalistic measures in the name of a newly established secular government. Mustafa Kemal enacted harsh laws on Islam in general. Kemal made the Islamic call for prayer illegal and went as far as banning Islamists. The most important of these decisions against Islam, was the outlawing all Islamic holy houses of teaching. This was to have profound impacts on the spreading of Islamic fundementalists within Turkey. This backfired against Mustafa, by forcing Islam to go underground, the form of fundamentalism that manifested in Turkey was much harsher then the ones that existed before being banned by Kemal. Kemal trying to create a nation state , came upon a problem. The new state of Turkey was a heterogeneous one, composed of multi-ethnical groups, not a homogenous one of just pure ethnic Turks, as Mustafa Kemal proclaimed. The capitalization on a new found Turkish nationalist movement yielded a well tuned systematic campaign of obliterating the essence of the Kurdish within the boundaries of newly formed Turkey. Kemal abolished all of the, " Kurdish schools, associations, publications, religious fraternities, and medressehs (McDowell)." The Kurdish nation represented such a threat to the territorial integrity of Turkey that all people and names of places were forcibly Turkicized by the government. This was to became referred to as ethnic cleansing or genocide. Old archeological monuments and structure that proved the ancient history of Kurdish people in Anatolia were systematically destroyed. The words 'Kurds' and 'Kurdistan' were eradicated from all books and publications. Anything that would lead to a separate identity of the Kurdish people were eliminated in order yield the assimilation of the ethnically different Kurdish nation. Even the Kurdish language was banned, a fact unparalleled in history! No one in the state of Turkey was allowed to speak Kurdish, even though it was the language of thirty percent of the people. All Kurdish students were feed Turkish propaganda on the ethnic ancestry of the Kurdish people, they were taught that Kurds, were a pure 'Turkic race,' whereas in actuality the Kurds are ethnically Indo-Aryan, and the Turks are a mixture of Hun-Mongolian people. The Turkish education minister proclaimed that, the Kurds had forgotten their "Turkic" language in the fastness of the mountains of southeast Anatolia, thus referring to them as, "Mountain Turks.(Gunter)." The racist spoon feed propaganda of the Turkish educational institutions has reached to such a degree of reducibility, that it is often taught in the schools of Turkey, all the great Babylonian, Summerian, Egyptian, and Hittite civilizations had been created by the Turks(Kendal). In order to hide the fact that the Kurds had lived in Anatolia four thousand years before one Turk stepped in. The Turkish intelligentsia determined the Kurds came from Central Asia five thousands years ago. The situation deteriorated to the point where to state " I am a Kurd " was a crime so serious as to warrant the death penalty under Turkey's anti-terrorist laws(Kendal). All past measures were not enough in the eyes of the Kemalist government to destroy the remnants of five thousand years of Kurdish presence in Anatolia. After these and more repressive measures were taken out, the substantial Kurdish population began to revolt from the pressures unfairly exerted on them by the oppressive and violence prone state of Turkey. The early revolts were unorganized, lacked money, and poorly supplied. They lasted, on and off, a little over thirteen years. The retribution of the Turkish army was so extreme, they almost destroyed, looted, and burned the entire eastern portion of the country. Whole villages were either deported to Western Turkey to be assimilated or, if the government knew that the particular tribe or village were not going to be assimilated that easily, they just simply massacred them. much like the Nazi massacre of Jewish civilians(Morris). Throughout these uncivilized methods of cruelty instituted by the Turkish governmental establishment, the savage Turkish government managed to massacre or deport one million, five hundred thousand Kurdish civilians (Kendal). The repression was so haneous that the entire Eastern section of the state of Turkey was prohibited to all foreigners and under martial law for almost thirty years, so as not to disciple to the west. In contrast to Western Turkey, the whole of Eastern Turkey was made into a military camp, and it has remained that way until today. The Turkish minister of justice made the relationship of Turks and Kurds clear: I believe that the Turk must be the only lord, the only master of this country. Those who are not of pure Turkish stock (Kurds and Armenians) can have only one right in this country, the right to be servants and slaves (McDowell). After Kemal's death, more successive and liberal minded regimes came to power. The 1960 coup by the army attempted to Turkicize the whole of the Kurdish region. Every single street, river, mountain, village, or city was given Turkish name to the very last detail. What little hope the Kurdish population had in the hope more or less disappears as the coup never really brought out fundamental change for the Kurdish people. The rights of the Kurds were still non-existent, the Kurdish language denied to them, and their culture still prohibited. The successive coups of 1971 and 1980 always tended to bring Kurdish freedom and self-expression to a halt. To justify a coup, the army would state that there was a planned Kurdish uprising. Nevertheless, throughout the 1960s and 1970s, Kurdish nationalism did emanate in the form of small underground publications and newspapers, but they were always instantaneously banned and the editors immediately apprehended and given lengthy jail terms. Throughout all the repression, the Kurds were able to participate in political life, although under forced Turkish identities(Gunter). Today the foreign minister of Turkey, Ardal Inunu, is a Kurd; as well as his father the late president Ismat Inunu, former presidents Fahrey Koruturk, and Cevdet Sunany, even the late president Turgut Ozal claimed Kurdish heritage(Gunter). The mother of all ironies, is that two people who made the bases of Turkish nationalism were Kurds, Ziya Gokalp and Ismet Inunu, who were born in the Kurdish cities of Diarbekr(Kendal). The amount of Kurdish people successfully assimilated into main stream Turkish society is so infinitesimal that over ninety-one percent of the Kurdish population doesn't even speak one word of Turkish(Kendal). Reporter, who have only recently been allowed to enter Eastern Turkey, are amazed at how, in this integral portion of Turkey no one speaks a word of Turkish. During the uneasy times of the 1970s many left-wing pro-Kurdish groups manifested sporadically throughout the Turkish state. The 1980 coup put an end to many of these organizations and political parties. After the brutal policies of the military junta that took control of Turkey, may Kurds were put in prison and executed for "separatism" which would mean anything from guerrilla warfare to simply speaking Kurdish in public. During those times of extremism, even by Turkish standards, a group of socialist-Kurdish youth began to organize and formed a political party. Their simple selfless goal was to obtain the God given right of self-determination for the worthy Kurdish nation, which included out-right independence from the Turkish mainstream government. The main leader for this independence movement was a young political science student from the Kurdish city of Urfa, named Abdullah Ocalan or Apo (Kurdish for Uncle). This group of organizers were Marxist-Lenninst in ideology and adamantly stated that the Kurds and Turks were separate people and hence forth, the Turkish military force present in Kurdistan was a belligerent action of occupation of Kurdistan. The P.K.K (Party Kereykarey Kurdistan or Kurdistan Workers Party) also called for the abolishment of tribalism, feudalism, and the "slave-like dependence of women." A great amount of the P.K.K military force were female. The P.K.K also believed the only way to attain freedom and independence were through violence, much like the American and French revolution of mid 1700s. To conceive the P.K.K as completely leftist is untrue, they have adapted the Communist theme of ideology to counter-weight the Turkish entity as a NATO state, so it is safe to assume that the P.K.K has chosen the Marxist path by default. Similar to the American fore-fathers choosing a republic form of government to resist the British form of government, and France choosing a parliamentary form of government to overshadow the history of monarchical reign of France. This might seem to be absurd, but not when you see a "democratic" Turkey that espouses a contradictory nationalism and places signs everywhere in Kurdistan that says, " Proud is He who calls oneself a TURK" or " A TURK is worth the whole universe(Kendal)." So accordingly, underneath all the ideology and propaganda of the Cold War, what you essentially have is two combating nationalisms. The 1980 coup mentioned earlier pretty much halted all of P.K.K's political activities and other similar left-wing organizations. But the P.K.K's political politburo immediately regrouped in Syria and Lebanon. With help from some neighboring countries, the P.K.K was able to launch small raids into Turkey in 1984. After the attacks grew in strength and number, the Turkish government became seriously alarmed. The P.K.K was as violent as it advertised, many times killing Kurds collaborating with the Turkish government. This didn't raise their popularity with the local populous. But, one thing they did accomplish was that no other party or group in Turkey ever did, was the recognition of a Kurdish problem in Turkey and a recognition of a Kurdish people in Turkey (Gunter). Thus, the Kurdish situation was brought out to the international arena for the whole world to witness the ever dynamic predicament in Northern Kurdistan. The Kurds went from "Mountain Turks" to a "Kurdish reality in Turkey." The Turkish army then extended martial law to thirteen provinces in Eastern Turkey. The Turkish army chief of staff admitted that "condition of war...exists in southeast Turkey(Smyth)." The P.K.K then began to adopt a less hostile attitude towards the civilian population, realizing they can not operate without the help of the people. While the P.K.K ceased to attack civilians, the Turkish army's attitude towards Kurdish civilians took an even harsher tone. What happened in the days of Attaturk, were being implemented once again. It was like the situation was dorment for forty-five years, and once again it came back to live. Amnesty intentional reported the wholesale arrest and torture of Kurds in all parts of Turkey. The entire village of Sirnak, population 25,000, was demolished and it's inhabitants forced to flee(Pilger). In all the Turkish army has destroyed an estimated 1,700 Kurdish villages and towns(Montalbano). The P.K.K has successfully begun to infiltrate larger cities and organizing merchant strikes and mass protest against the Turkish government. The Turkish army and secret police reacted by covert assassinations and "death squads" that killed anyone that was even remotely linked to the P.K.K. These death squads have even killed journalists who have reported the Turkish atrocities in Northern Kurdistan. Turkey has the highest death rate for journalists in the world, even exceeding Bosnia and Tadjikistan. Many pro-Kurdish politicians and human rights activists have been killed, causing mass protest from the Kurdish population, even the protest control police open fire on unarmed civilian protesters, killing hundreds of men, women, seniors, and children indiscrimenantly(Kendal). The state sanctioned DEP (People's Democratic Party), a legal political entity was forcibly closed down after their top political representatives were mysteriously assassinated, their newspaper affiliates (Ozgur Daily) bombed, and it's parliamentarians arrested. All of these went against the established Turkish constitutional laws. The lifting of Parliamentary immunity is a direct violation, but when it comes to using illegal laws against Kurdish civilians there are no limits. Needless to say, the brutal and genocidal acts of the Turkish government have only fanned the flare of the Kurdish drive for independence. In some parts of Turkey, over ninety percent of the people support the P.K.K(Marks). When the people see the government burning their houses, farms, and family members how can one really support the establishment? How can the people believe the government when they have publicly broken parliamentary laws by arresting Kurdish parliamentary members for speaking Kurdish? The people has two choices, the foreign occupiers or their sons, brothers, daughters, sisters, or fathers. In response to the "ethnic cleansing" and martial law, the Turkish government has also stationed over 450,000 troops in the area, backed by US made modern tanks, Apache helicopters, Super Cobra helicopters, F-16 fighter jets, and 50,000 elite contra-rebels in the Kurdish region. Many generals in the armed forces have openly talked about using chemical weapons on the Kurds (Turkey used chemical weapons on the Kurds in the 1930s, British used it in the 1920s, and Saddam Hussien used it in 1988)(Kendal). Turkey has went as far as raiding Iraqi Kurdistan with the air planes given to them by the US. As recently as March 20, 1995, Turkey invaded Iraqi Kurdistan. They said the invation was to search for and destroy the P.K.K, but in actuality the army couldn't fight the P.K.K. The 35,000 invading force did little more then destroying civilian villages, killing civilian Kurds, and ruining farm crops. UNHCR (United Nations Higher Commission for Refugees) reported that 10,000 Turkish Kurds, who escaped Turkey's systematic burning and destroying Kurdish villages were forcibly detained and forced to return to Turkey. The whereabouts of the refugees are unknown; knowning the Turkish track record, their hopes are dismal. Abdullah Ocalan It now appears that the P.K.K has ascertained itself as the voice of the Kurdish people, after seventy years of unrelenting oppression. The P.K.K's unequivical insistence of independence is rebuffed by Ankara, who state that everyone in Turkey is equal and there are no room for minorities in Turkey. The army, an organization who operates independently from the political wing of Turkey, will not even placate a hint of even a form of diminutive local autonomy for the Kurdish people. The P.K.K is exhibiting, and for their part proving to the Kurdish masses that their violent way is the only avenue for any form of Kurdish independence. Since the creation of the irredentent Turkish state the Kurds have not received anything more then a tombstone with a forced Turkish surname. The P.K.K has given 15,000 martyrs in the span of eleven years (Marcus), the army has massacred more then 1,500,000 in the span of sixty years , more the 1,500 villages destroyed, every form of Kurdish identity denied, and their politicians and journalists killed by secret police. After all it is the US constitution that has written: " When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.....whenever any form of government becomes destructive of these ends, it is the right of the people to alter it, or to abolish it, and to institute a new government.." It is the very example the United States has set, that the Kurdish people wants to declare their independence. For, the only thing different between the Kurdish revolution and the U.S one, is only two hundred and nine years. All oppressions are bad, all occupations are wrong, every nation has the right to decide their own fate. f:\12000 essays\law & government (233)\Homosexuals A Suspect Class .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Homosexuals: A Suspect Class? The struggle for minority protection by lesbians and gay men has moved to the center of American life at the outset of the 1990's. It is almost certain that lesbian and gay issues will be a more eminent aspect of the public consciousness and American political scene in the coming decade than in any other time in American history. Policy changes early in Bill Clinton's administration created a heated debate over the military presence of gays and lesbians, several states have passed amendments prohibiting laws that protect homosexuals from discrimination, and nearly every religious organization in the nation is facing tough questions ranging from the ordination of homosexuals to homosexual marriages. Furthermore, the homosexual community is more prominent than ever: Lesbians and gay men are fighting for civil rights in the courtroom and in Congress, there are gay characters on prime-time television shows, well-known public figures openly discussing their homosexuality, and there is virtually no one who can claim that they have never had contact with a homosexual. In the middle of all this publicity, there lingers a pending Supreme Court case in which the fate of the homosexual lies: Romer v. Evans, a case that dominated Colorado that has come to "symbolize the controversy over gay legal rights" throughout the nation. This paper will trace the elements behind that case, and attempt to focus on the steps the Supreme Court will follow to determine whether homosexuality must be legally considered a "suspect class" for the purposes of "quota preferences, protected status or claim of discrimination" as outlined by Colorado's now-famous Amendment 2. Amendment 2 does away with any attempt to protect homosexuals as a group that needs special rights because of discrimination. It was enacted after a statewide referendum, in which 53% voted for the measure. Richard Evans sued the state and Governor Romer (who, ironically, opposed the amendment) under the Fourteenth Amendment's Equal Protection Clause, saying that Amendment 2 infringes upon the homosexual's "fundamental right to participate in the democratic process." Romer v. Evans has had amicus curiae or "friend of the court" briefs filed for both sides--briefs that have pitted state against state and church against church. Colorado officials are quick to say that their state is not acting out of hate, but merely deciding in a democratic fashion whether homosexuals need to be singled out for protection against discrimination. The Colorado Supreme Court, however, struck down the amendment, saying: [Amendment 2] bars gay men, lesbians and bisexuals from having an effective voice in governmental affairs, insofar as those persons deem it beneficial to seek legislation that would protect them from discrimination based on their sexual orientation. The United States Supreme Court must now determine whether or not to uphold the Colorado Supreme Court's decision, despite the results of the referendum that was basically a public affirmation of orthodox Christian beliefs. For hundreds of years homosexuality has been uniformly condemned by traditional Christian societies as immoral. On that ground, it was never contested that sodomy should remain illegal and unprotected by any legislation--homosexuals were considered unnatural sexual deviants, and were treated as such. In recent years, however, startling new research has indicated that homosexuality is possibly inherited and determined by chromosomes. A 1992 study directed by neuroscientist Simon LeVay showed that a tiny area believed to control sexual activity known as the hypothalamus was less than half the size in gay men as in heterosexual men. This study raises an interesting question: If homosexuality is hereditary, is there any basis for societal discrimination against something innate? The reactions of the homosexual community have been mixed. As many see it, looking for a "cause" of homosexuality suggests that it is an abnormality, and implies that it is deviant from a "normal" heterosexuality. On the other hand, history has shown that society's perception of gay activities can be threatening, if not deadly. Over the centuries they have either been merely "intolerated" or, more often, detested. After a 13th century sermon from Saint Thomas Aquinas, society began to view gays as "not only unnatural but dangerous." A genetic component in sexual orientation would tell homosexuals and the world that homosexuality is not a fault, and not the fault of anyone other than nature. Society's traditional stance on homosexuality has often subjected homosexuals to a horrifying list of "cures" at the hands of psychiatrists and psychologists--usually aimed at heterosexual reorientation. Treatments like these have almost invariably involved a "negative value judgment concerning the inherent character" of homosexuality. Among these "cures" have been such surgical measures as castration, hysterectomy, and vasectomy; others have included electric and chemical shock treatment, aversion therapy, and drugs. As recent as 1967, hypnosis was still being used to treat "deviant behavior." Now, in the shadow of the aforementioned studies, psychiatrists and psychologists alike are taught that they should help homosexuals to feel more comfortable with themselves and their sexual orientation. It is hoped that such treatment will not only help homosexuals feel more at ease with their sexuality, but also give society a different, more "educated" view of the gay community and lifestyle. The traditional moral view of homosexuality is legally irrelevant, however. The thing that truly hampers the homosexual's case in Romer v. Evans is a previous Supreme Court decision, Bowers v. Hardwick. In this case, Michael Hardwick, the plaintiff, was "charged with violating the Georgia statute criminalizing sodomy by committing that act with another male in the bedroom" of his home. His suit was based on his belief that the law violated his fundamental right to homosexual activity because it is "a private and intimate association beyond the reach of state regulation" by reason of the Ninth Amendment, which states "the enumeration in the Constitution, of certain rights, shall not be construed to deny of disparage others retained by the people", and by the Due Process Clause of the Fourteenth Amendment. The Supreme Court ruled against Hardwick in a 5-4 decision, saying that the Constitution did not "extend a fundamental right to homosexuals to engage in acts of consensual sodomy." In a concurring opinion, Chief Justice Warren Burger, quoting an old English statute, describes homosexuality as: "The infamous crime against nature" as an offense of "deeper malignity" than rape, a heinous act "the very mention of which is a disgrace to human nature" and "a crime not fit to be named" . . . To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching. Since the Court found that private acts of sodomy are not constitutionally protected, Georgia was permitted to bar homosexuality on merely "rational" grounds--a far cry from the "compelling state interest" it would have had to meet if the sodomy had been protected. The rational reason, the Supreme Court said, was that: The law . . . [was] constantly based on notions of morality . . . if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed. The new evidence of inherited genes for homosexuality, however, will force the Supreme Court to reexamine the way it looked at Bowers v. Hardwick. In order to determine the legality of discriminating against certain individuals, the Court must examine factors that will possibly identify that group as a "suspect class." If the Court recognizes those individuals as a suspect class, it makes any discrimination (such as that contained in Colorado's Amendment 2 statute) very difficult on the part of the state. The first factor the Supreme Court generally considers is whether the group at issue has suffered a history of purposeful discrimination. In the case of homosexuality, there is no question that homosexuals have historically been the objects of vicious and sustained hostility, as outlined earlier in this paper. Homosexuals have been the frequent victims of "gay-bashing," and have been excluded from jobs, schools, housing, churches, and even families; with this evidence it is plain that homosexuals in our society have faced as much hatred as other suspect classes such as blacks or people of a particular national origin. The second factor the Supreme Court considers when analyzing suspect classes is "whether the discrimination embodies a gross unfairness that is sufficiently inconsistent with the ideals of equal protection to term it invidious." The interpretation of this factor can be further broken down into three separate terms. The Court considers first whether the group is defined by a trait that frequently bears no relation to ability to perform or contribute to society. It is evident, by the powerful and responsible positions of many gay men and women in America, that sexual orientation plainly has no relation to a person's ability to perform in society--thus, homosexuals meet this standard. The second thing the Court considers is whether negative societal concepts stem from inaccurate stereotypes. The homosexual is rarely, as widely believed to the contrary, a threat to all people of their sex or immature children; in fact, the majority of the homosexual population remains quietly in their homes--thus, homosexuals meet the second term as well. It is the third term of this second factor that will be called into question by the Court when deciding Romer v. Evans. The Court must determine whether homosexuality is immutable, or, at a minimum, requiring a major physical change or a traumatic change of identity. If only five out of the nine Supreme Court justices determine that the aforementioned studies conclusively show that homosexuality is an inherent trait, the Colorado Supreme Court decision that Amendment 2 is unconstitutional will be upheld. The third and final factor the Supreme Court considers in suspect class analysis is whether the discriminated group lacks the political power necessary to redress the government. Even when homosexuals are able to pursue their rights openly in the political arena, society's view of them probably makes their efforts ineffective. Elected officials, sensitive to their constituents' opinions may be swayed to vote against legislation that even has the appearance of condoning homosexuality. Undoubtedly, homosexuals meet this third and final factor. It is possible, but not certain, that homosexuals are a suspect class, and as such Amendment 2 will be subject to much greater judicial scrutiny. If this proves to be the case, it is highly probable that Romer v. Evans will be upheld and it is also possible that there will be legislation in Congress to include homosexuals on the growing list of those entitled to be considered minorities, receive quota preferences, and be protected from discrimination by law. Even if homosexuals are not considered a suspect class by the Supreme Court, Amendment 2 may be struck down under the Fourteenth Amendment's Free Exercise Clause, which declares that a state may not "deny to any person within its jurisdiction the equal protection of the law." Jean E. Dubofsky, the lawyer for Richard Evans in the case, said "the Court need not rule homosexuals a specially protected class to find that Amendment 2 infringes upon their rights." Specifically, Dubofsky believes the amendment takes away the ability of homosexuals to urge their city councils to accord them the specific protection that other groups have the right to seek--denying them equal protection in the democratic process. If the Court agrees with that argument, Amendment 2 will be considered unconstitutional, whether homosexuals are a suspect class or not. My personal opinion, however, is rooted in my belief in a natural law. I am a Christian, and have been taught all my life that homosexuality is a sin, and I still believe that. That does not change the fact that history is undeniably cruel to the homosexual--it is possible that "no single group of human beings has been subjected to greater injustice, persecution, and suffering than they." I find it personally appalling that homosexuality is treated by Christians as a sin that is "worse" than most other sins. Our society has been conditioned into an emotional revulsion so bitter that we even avow that we would rather see our children "dope addicts or murderers" than homosexuals. This is not right. Christianity is based on God's unconditional love for the sinner, despite his hatred of the sin. Our efforts to reach homosexuals should not be out of uneducated fear or inaccurate stereotypes, but founded in the same love for every man and woman that God has. Acceptance, not sermons, changes the homosexual. The New Catholic Encyclopedia expresses my sentiments exactly: It should be stressed that a homosexual is just as pleasing to God as a heterosexual, as long as he makes a sincere effort to control his [homosexuality] with the help of grace. Although the individual may feel certain that his inversion is so deep that he cannot redirect his tendencies, he must accept them and seek to fulfill some purpose in the world. Although this sort of thinking bears little consequence on Romer v. Evans, I believe there is one other aspect to the case that must be dealt with. The studies of Simon LeVay are certainly inconclusive, regardless of how they are looked at. Although they showed without question that the hypothalamus is smaller in gay men, there are still many other things to be considered, chiefly: Could sexual orientation affect brain structure, instead of vice versa? Kenneth Klivington, an assistant to the president of the Salk Institute, points to a body of evidence revealing that "the brain's neural networks reconfigure themselves in response to certain experiences." For example, one study found that the area of the brain controlling the reading finger grew larger in people who read Braille after becoming blind. It is possible then, that the hypothalamus is affected in the reverse way--a lack of heterosexual activity may shrink that area of the brain. Even LeVay admits that "that's a distinct shortcoming" of his study, because he knew "regrettably little" about his subjects' sexual histories. It seems more likely, then, that homosexuality would be a product of both genetics and learned behavior. As evidence of this, I submit my mother's side of the family, which contains many alcoholics. In my mind, the evidence overwhelmingly supports that a predisposition to alcoholism is hereditary. Yet, the Bible says "do not get drunk on wine, which leads to debauchery." I cannot explain why there is an inherited trait for something condemned as a sin, nor will I attempt to. My point is that if there are genes that sway people toward homosexuality, they are to be fought just like the predisposition to alcoholism I have inherited must be. Things that "feel" more natural are not always inevitable, and simply because I have the genes to make me more likely to be an alcoholic does not mean I will be an alcoholic. If the Court interprets the genetic components of homosexuality the way I do, Romer v. Evans will be overturned because Bowers v. Hardwick will stand. In other words, if homosexuals are not considered a suspect class, then their activity can be made illegal in Colorado by legislation: Therefore, it would be ridiculous to have special rights that protect criminals, and Amendment 2 will be constitutional. I am not a bigot, or a homophobe, or a right-wing religious zealot. Homosexuals should have just as much opportunity to participate in the political process as anyone else--that is a fundamental facet of our nation's democracy. Nevertheless, to place them in a class with other minorities like blacks, the disabled, or illegitimate children would be to sanction their behavior-- a behavior that appears to be as much learned as inherited. Until that debate is settled, I believe it is not necessary to protect homosexuals by quota preferences or protected status, and in my opinion, Amendment 2 is both legally and morally appropriate. f:\12000 essays\law & government (233)\Human Rights Investigator.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ March 23, 2003 Manitoba Justice Human Resource Services 910-405 Broadway, Winnipeg, Manitoba R3C 3L6 Dear Sir or Madame Re: Human Rights Officer Advertisement No.: 10768 Human Rights Commission Brandon, Manitoba Please accept the attached resume as my application for the above noted position. Wayne Jacobsen Box 1891 Neepawa, Manitoba R0J 1H0 Phone: 204-476-3120 f:\12000 essays\law & government (233)\Human Rights Term Paper 2.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' In regards to the question posed above; it is my submission to put forward an analytical discussion about the significant developments in jurisprudence on fundament rights in the Commonwealth Caribbean constitutions, while highlighting the scoop and ambit of the right to life under the Caribbean constitutions. In the course of this analytical discussion, the three cases that will be highlighted are Reyes, Hughes and Fox1, in order to show the significant development in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. The first fundamental issue that will be address in the following discussion comprises of, what is the scoop and ambit of the right to life under the Caribbean Constitutions. In accordance with the Constitution of The Commonwealth of The Bahamas, article 16 speaks to the protection of the right to life. Article 16 (1) authoritatively lay down that 'no person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. Article 16 (2) states that 'a person shall not be regarded as having been deprived of his life in contravention of this article if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable- a) For the defence of any person from violence or for the defence of property; b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained; c) For the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a criminal offence, or if he dies as a result of a lawful act of war. The Privy Council has recently ruled in a trilogy of cases2 that a mandatory death penalty for murder is unconstitutional because it offends the guarantee contained in each of the constitutions concerned that: '[n]o person shall be subjected to torture or to inhumane or degrading punishment or other treatment"3. To deny the offender the opportunity, before sentence is passed, to seek to persuade the court that in all the circumstances to condemn him to death would be disproportionate and inappropriate is to treat him as no human being should be treated and thus to deny his basic humanity, the core of the right which section 7[no inhuman or degrading punishment] exists to protect4. In St. Lucia, all murders carry the mandatory death sentence (by hanging). Hughes made a parallel challenge to Reyes under section 5 of the St Lucia Constitution not to be subjected to inhumane or degrading punishment. The St. Lucia Constitution, however, contains an active partial savings clause (the "torture proviso"), which immunises existing "descriptions of punishment" from constitutional inconsistency challenges (paragraph 10). The saving law clause was read strictly and narrowly (following Pratt v. The independent Commonwealth states of the Caribbean and its periphery5 all have written Constitutions all contain a chapter devoted to the protection of human rights, which thus shares in the character of the supreme law of the state6. The human rights chapter by no means contains all the law relating to human rights. But where provisions relating to human rights rest on the common law Act of Parliament7, they are vulnerable to subsequent legislation which can be controlled by the government in power, unlike the provisions of the Constitution, which cannot be so easily amended8. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean is distant. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years fro de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out9. One of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provision that have saved many laws enacted by the colonial legislatures as existing laws. By the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another10. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder11. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters12. The death penalty is a matter of continuing fascination. Critics of the death penalty in contemporary American jurisprudence have claimed the inevitability of caprice and mistake and have pointed to racial and other biases in the imposition of the death penalty. Currently, the death penalty in principle seems acceptable to the Supreme Court and to the general populace13. A constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice14. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice15. In the Reyes case the Board drew upon the growing corpus of jurisprudence from both national courts as well as international human rights authorities which have wrestled with the issue, whether a mandatory death penalty constitutes an inhuman or degrading punishment16. Thus the Board referred to the decisions of the Supreme Court of the United States, in Woodson v. North Carolina17 and Roberts v. Louisiana18, in which it was held that a state legislation whixh provided for a mandatory death penalty was cruel punishment and violated the Eighth Amendment. The Board also referred to the decision of the Supreme Court of India Criminal Code, which imposed a mandatory death penalty on those convicted of a murder committed while the offender was under sentence of imprisonment, violated Article 21 of the Indian Constitution, which protects the right to life. The Board further referred to a number of decisions of the Inter-American Commissiom in petitions emanating from the Bahamas, Jamaica and Grenada19. In each of these cases the Commission held that the imposition of a mandatory death penalty violated the convicted men's rights under Articles XXV and XXVI and subjected them to cruel and inhuman punishment. Amnesty International Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases20. 1 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 2 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 3 Constitution of Belize, Pt II, s.7, Constitution of Saint Lucia, s.5 and Constitution of Saint Christopher and Nevis, s.7. 4 Per Lord Bingham in Reyes at para. 43. 5 Antigua and Barbuda, The Bahamas, Belize, Barbados, Dominica, Grenada, Guyana, Jamaica, St. Christopher and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago. 6 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 7 See, e.g., the Slavery Abolition Act 1833 (U.K.), s.12, Land Acquisition Act (Barbados cap. 228), ss. 14-21, and the Ombudsman Act (Jamaica). 8 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 9 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 10 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 11 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 12 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 13 R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 14 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 15 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 16 The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 17 428 U.S. 280 (1976). 18 431 U.S. 633 (1977). 19 Edwards v. The Bahamas (Report No. 48/01, April 4, 2001), Downer and Tracey v. Jamaica (Report No. 41/00, April 13, 2000) and Baptiste v. Grenada (Report No. 38/00, April 13, 2000). 20 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions. 1 f:\12000 essays\law & government (233)\Human Rights Term Paper 3.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' In regards to the question posed above; it is my submission to put forward an analytical discussion about the significant developments in jurisprudence on fundamental rights in the Commonwealth Caribbean constitutions, while highlighting the scoop and ambit of the right to life under the Caribbean constitutions. In the course of this analytical discussion, fundamental issues will be discussed, namely, whether or not the death penalty is unconstitutional in regards to the right to life, whether or not as a result of the constitutional mechanism of saving law clauses the death penalty is constitutional, whether or not the Privy Council is in a position to alter laws that are expressly laid down in the constitution thus going against the grain of constitutional supremacy. Mr. Justice Robert Jackson of the US Supreme Court has observed: The very purpose of a Bill of Rights [is] to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to a vote: they depend on the outcome of no elections1. It is imperative at this point to determine what are some the fundamental rights in Commonwealth Caribbean constitutions? The Constitution of the Commonwealth of The Bahamas will be used as it mirrors equivalent constitutions of other Commonwealth Caribbean Countries, whereby the constitutions have been modelled as a mechanism for independence. In accordance with the Constitution of the Commonwealth of The Bahamas, the fundamental rights comprises of: Fundamental rights and freedoms of the individual, Protection of right to life, Protection from inhumane treatment, Protection from slavery and forced labour, Protection from arbitrary arrest or detention, Provisions to secure protection of law, Protection for privacy of home and other property, Protection of freedom of conscience, Protection of freedom of expression, Protection of freedom of assembly and association., Protection of freedom of movement, "The fundamental rights and freedoms listed in our constitutions are in fact versions or a species of some of the basic human rights declared in the famous Universal Declarations, such as the Universal Declaration of Human Rights promulgated by the United Nations in 1948"2. the three cases that will be highlighted are Reyes, Hughes and Fox3, in order to show the significant development in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. What is the death penalty? What effect if any, has the saving law clause impact the fundamental issue of the right to life? Has the the death contravenes any fundamental human rights provisions. What are the attitudes of the Caribbean People towards the death penalty? Are there any attitudinal trends in regards to the death penalty in the Commonwealth Caribbean? What are the Judicial Reponses in regards to the death penalty? What are the positions of special interests groups, for and against the death penalty? The first fundamental issue that will be address in the following discussion comprises of, what is the scoop and ambit of the right to life under the Caribbean Constitutions. The independent Commonwealth states of the Caribbean and its periphery4 all have written Constitutions all contain a chapter devoted to the protection of human rights, which thus shares in the character of the supreme law of the state5. The sentence of death is imposed for the offence of murder in most territories, except the British Virgin Islands. It was abolished by England in its overseas territories who were reluctant to do it themselves. The second fundamental issue that will be discussed is how the Caribbean Courts and The Privy Council address their minds to the death penalty. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean is distant. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years from de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out6. It should be noted that the Privy Council has recently ruled in a trilogy of cases7 that a mandatory death penalty for murder is unconstitutional because it offends the guarantee contained in each of the constitutions concerned that: '[n]o person shall be subjected to torture or to inhumane or degrading punishment or other treatment"8. To deny the offender the opportunity, before sentence is passed, to seek to persuade the court that in all the circumstances to condemn him to death would be disproportionate and inappropriate is to treat him as no human being should be treated and thus to deny his basic humanity, the core of the right which section 7[no inhuman or degrading punishment] exists to protect9. In St. Lucia, all murders carry the mandatory death sentence (by hanging). Hughes made a parallel challenge to Reyes under section 5 of the St Lucia Constitution not to be subjected to inhumane or degrading punishment. The St. Lucia Constitution, however, contains an active partial savings clause (the "torture proviso"), which immunises existing "descriptions of punishment" from constitutional inconsistency challenges (paragraph 10). The saving law clause was read strictly and narrowly (following Pratt v. The human rights chapter by no means contains all the law relating to human rights. But where provisions relating to human rights rest on the common law Act of Parliament10, they are vulnerable to subsequent legislation which can be controlled by the government in power, unlike the provisions of the Constitution, which cannot be so easily amended11. One of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provision that have saved many laws enacted by the colonial legislatures as existing laws. By the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another12. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder13. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters14. The death penalty is a matter of continuing fascination. Critics of the death penalty in contemporary American jurisprudence have claimed the inevitability of caprice and mistake and have pointed to racial and other biases in the imposition of the death penalty. Currently, the death penalty in principle seems acceptable to the Supreme Court and to the general populace15. A constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice16. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice17. In the Reyes case the Board drew upon the growing corpus of jurisprudence from both national courts as well as international human rights authorities which have wrestled with the issue, whether a mandatory death penalty constitutes an inhuman or degrading punishment18. Thus the Board referred to the decisions of the Supreme Court of the United States, in Woodson v. North Carolina19 and Roberts v. Louisiana20, in which it was held that a state legislation whixh provided for a mandatory death penalty was cruel punishment and violated the Eighth Amendment. The Board also referred to the decision of the Supreme Court of India Criminal Code, which imposed a mandatory death penalty on those convicted of a murder committed while the offender was under sentence of imprisonment, violated Article 21 of the Indian Constitution, which protects the right to life. The Board further referred to a number of decisions of the Inter-American Commissiom in petitions emanating from the Bahamas, Jamaica and Grenada21. In each of these cases the Commission held that the imposition of a mandatory death penalty violated the convicted men's rights under Articles XXV and XXVI and subjected them to cruel and inhuman punishment. Amnesty International Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases22. 1 West Virginia Board of Education v. Barnette, 319 U.S. 624, 638; quoted in Stephen Holmes, Passions and Constraint: On the Theory of Liberal Democracy 135 (1997). Also quoted in Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 2 Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 at 227-228 3 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 4 Antigua and Barbuda, The Bahamas, Belize, Barbados, Dominica, Grenada, Guyana, Jamaica, St. Christopher and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago. 5 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 6 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 7 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 8 Constitution of Belize, Pt II, s.7, Constitution of Saint Lucia, s.5 and Constitution of Saint Christopher and Nevis, s.7. 9 Per Lord Bingham in Reyes at para. 43. 10 See, e.g., the Slavery Abolition Act 1833 (U.K.), s.12, Land Acquisition Act (Barbados cap. 228), ss. 14-21, and the Ombudsman Act (Jamaica). 11 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 12 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 13 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 14 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 15 R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 16 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 17 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 18 The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 19 428 U.S. 280 (1976). 20 431 U.S. 633 (1977). 21 Edwards v. The Bahamas (Report No. 48/01, April 4, 2001), Downer and Tracey v. Jamaica (Report No. 41/00, April 13, 2000) and Baptiste v. Grenada (Report No. 38/00, April 13, 2000). 22 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions. 1 f:\12000 essays\law & government (233)\Human Rights Term Paper 4.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ University of the West Indies LL.B Degree Programme Topic: 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' Subject: Human Rights Course Number: Lecturer: Calvin Eversley Student Number: 200140017 In regards to the question posed above; it is my submission to put forward an analytical discussion about the significant developments in jurisprudence on fundamental rights in the Commonwealth Caribbean constitutions, while highlighting the scoop and ambit of the right to life under the Caribbean constitutions. In the course of this analytical discussion, fundamental issues will be discussed, namely, whether or not the death penalty is unconstitutional in regards to the right to life, whether or not as a result of the constitutional mechanism of saving law clauses the death penalty is constitutional, whether or not the Privy Council is in a position to alter laws that are expressly laid down in the constitution thus going against the grain of constitutional supremacy. Bill of Rights The first fundamental issue that will be address in the following discussion comprises of, what is the scoop and ambit of the right to life under the Caribbean Constitutions. It should be noted that every West Indian Constitution contains a Bill of Rights; which is one of the deeply entrenched provisions of the Constitution1 devoted to the protection of human rights, which thus shares in the character of the supreme law of the state2. Mr. Justice Robert Jackson of the US Supreme Court has observed: The very purpose of a Bill of Rights [is] to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to a vote: they depend on the outcome of no elections3. It is imperative at this point to determine what are some the fundamental rights in Commonwealth Caribbean constitutions? The Constitution of the Commonwealth of The Bahamas will be used as it mirrors equivalent constitutions of other Commonwealth Caribbean Countries, whereby the constitutions have been modelled as a mechanism for independence. In accordance with the Constitution of the Commonwealth of The Bahamas, the fundamental rights comprises of: Fundamental rights and freedoms of the individual, Protection of right to life, Protection from inhumane treatment, Protection from slavery and forced labour, Protection from arbitrary arrest or detention, Provisions to secure protection of law, Protection for privacy of home and other property, Protection of freedom of conscience, Protection of freedom of expression, Protection of freedom of assembly and association., Protection of freedom of movement, "The fundamental rights and freedoms listed in our constitutions are in fact versions or a species of some of the basic human rights declared in the famous Universal Declarations, such as the Universal Declaration of Human Rights promulgated by the United Nations in 1948"4. Inhumane Treatment Does a five year wait period on death row constitute inhuman treatment? The Board in Pratt had held there would be "strong grounds for believing" that the delay would constitute inhumane or degrading punishment or other treatment and the death sentence would be commuted to life imprisonment5. In Fisher (No.2) v. Minister of Public Safety and Immigration6, the Privy Council was asked to consider whether an execution, while a petition was outstanding, would infringe the right to life under article 16 of the Bahamian Constitution; or whether an execution in these circumstances would amount to inhuman and degrading treatment or punishment under Article 177. Death Penalty What is the death penalty? The death penalty is a matter of continuing fascination. Critics of the death penalty in contemporary American jurisprudence have claimed the inevitability of caprice and mistake and have pointed to racial and other biases in the imposition of the death penalty. Currently, the death penalty in principle seems acceptable to the Supreme Court and to the general populace8. The sentence of death is imposed for the offence of murder in most territories, except the British Virgin Islands. It was abolished by England in its overseas territories who were reluctant to do it themselves. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder9. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters10. Constitutionality of the Death Penalty Is the death penalty in the Commonwealth Caribbean constitutional? One of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provision that have saved many laws enacted by the colonial legislatures as existing laws. By the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another11. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. Response in regards to the death penalty The second fundamental issue that will be discussed is how the Caribbean Courts and The Privy Council address their minds to the death penalty. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean is distant. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years from de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out12. Saving Law Clauses What effect if any, has the saving law clause impact the fundamental issue of the right to life? In both Fisher (No.2) and Higgs the Board rejected the expansive interpretation of the relevant constitutional provisions proposed by the council for the appellants. In line with a number of earlier Privy Council decisions13, the Board instead opted for a narrower interpretation, referring to the "existing" and "saving Laws" provisions of the Bahamian Constitution as a reason for refusing to imply new constitutional rights, where none had previously existed14. Special Interest Groups Has the death contravenes any fundamental human rights provisions. What are the attitudes of the Caribbean People towards the death penalty? Are there any attitudinal trends in regards to the death penalty in the Commonwealth Caribbean? What are the positions of special interests groups, for and against the death penalty? It should be noted that the Privy Council has recently ruled in a trilogy of cases15 that a mandatory death penalty for murder is unconstitutional because it offends the guarantee contained in each of the constitutions concerned that: '[n]o person shall be subjected to torture or to inhumane or degrading punishment or other treatment"16. To deny the offender the opportunity, before sentence is passed, to seek to persuade the court that in all the circumstances to condemn him to death would be disproportionate and inappropriate is to treat him as no human being should be treated and thus to deny his basic humanity, the core of the right which section 7[no inhuman or degrading punishment] exists to protect17. In St. Lucia, all murders carry the mandatory death sentence (by hanging). Hughes made a parallel challenge to Reyes under section 5 of the St Lucia Constitution not to be subjected to inhumane or degrading punishment. The St. Lucia Constitution, however, contains an active partial savings clause (the "torture proviso"), which immunises existing "descriptions of punishment" from constitutional inconsistency challenges (paragraph 10). The saving law clause was read strictly and narrowly (following Pratt v. The human rights chapter by no means contains all the law relating to human rights. But where provisions relating to human rights rest on the common law Act of Parliament18, they are vulnerable to subsequent legislation which can be controlled by the government in power, unlike the provisions of the Constitution, which cannot be so easily amended19. In the Reyes case the Board drew upon the growing corpus of jurisprudence from both national courts as well as international human rights authorities which have wrestled with the issue, whether a mandatory death penalty constitutes an inhuman or degrading punishment20. Thus the Board referred to the decisions of the Supreme Court of the United States, in Woodson v. North Carolina21 and Roberts v. Louisiana22, in which it was held that a state legislation whixh provided for a mandatory death penalty was cruel punishment and violated the Eighth Amendment. The Board also referred to the decision of the Supreme Court of India Criminal Code, which imposed a mandatory death penalty on those convicted of a murder committed while the offender was under sentence of imprisonment, violated Article 21 of the Indian Constitution, which protects the right to life. The Board further referred to a number of decisions of the Inter-American Commissiom in petitions emanating from the Bahamas, Jamaica and Grenada23. In each of these cases the Commission held that the imposition of a mandatory death penalty violated the convicted men's rights under Articles XXV and XXVI and subjected them to cruel and inhuman punishment. Amnesty International Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases24. the three cases that will be highlighted are Reyes, Hughes and Fox25, in order to show the significant development in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. A constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice26. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice27. 1Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 2 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 3 West Virginia Board of Education v. Barnette, 319 U.S. 624, 638; quoted in Stephen Holmes, Passions and Constraint: On the Theory of Liberal Democracy 135 (1997). Also quoted in Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 4 Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 at 227-228 5 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p573. 6 [1999] 2 W.L.R. 349 7 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p573. 8 R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 9 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 10 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 11 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 12 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 13 See DPP v. Nasralla [1967] 2 A.C. 238 and Maharaj v. Att.-Gen. of Trinidad and Tobago (No.20 [1979] A.C. 385. 14 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p575. 15 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 16 Constitution of Belize, Pt II, s.7, Constitution of Saint Lucia, s.5 and Constitution of Saint Christopher and Nevis, s.7. 17 Per Lord Bingham in Reyes at para. 43. 18 See, e.g., the Slavery Abolition Act 1833 (U.K.), s.12, Land Acquisition Act (Barbados cap. 228), ss. 14-21, and the Ombudsman Act (Jamaica). 19 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 20 The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 21 428 U.S. 280 (1976). 22 431 U.S. 633 (1977). 23 Edwards v. The Bahamas (Report No. 48/01, April 4, 2001), Downer and Tracey v. Jamaica (Report No. 41/00, April 13, 2000) and Baptiste v. Grenada (Report No. 38/00, April 13, 2000). 24 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? 25 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 26 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 27 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 200140017 1 f:\12000 essays\law & government (233)\Human Rights Term Paper 6.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ University of the West Indies LL.B Degree Programme Topic: 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' Subject: Human Rights Course Number: Lecturer: Calvin Eversley Student Number: 200140017 In regards to the topic question posed above; it is the writer's submission to put forward an analytical discussion about the significant developments in jurisprudence on fundamental rights in the Commonwealth Caribbean constitutions, while highlighting the scoop and ambit of the right to life. In the course of this analytical discussion, fundamental issues will be discussed, namely, whether or not the death penalty is unconstitutional in regards to the right to life, whether or not as a result of the constitutional mechanism of saving law clauses the death penalty is constitutional, and whether or not the Privy Council is in a position to alter laws that are expressly laid down in the constitution thus going against the grain of constitutional supremacy. The first fundamental issue that will be address in the following discussion comprises of, what is the scoop and ambit of the right to life under the Caribbean Constitutions. It should be noted that every West Indian Constitution contains a Bill of Rights; which is one of the deeply entrenched provisions of the Constitution1 devoted to the protection of human rights, which thus shares in the character of the supreme law of the state2. Mr. Justice Robert Jackson of the US Supreme Court has observed: The very purpose of a Bill of Rights [is] to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to a vote: they depend on the outcome of no elections3. "The fundamental rights and freedoms listed in our constitutions are in fact versions or a species of some of the basic human rights declared in the famous Universal Declarations, such as the Universal Declaration of Human Rights promulgated by the United Nations in 1948"4. The human rights chapter by no means contains all the law relating to human rights. In the event that the provisions relating to human rights rest on the common law Act of Parliament5, they are vulnerable to subsequent legislation which can be controlled by the government in power, unlike the provisions of the Constitution, which cannot be so easily amended6. The disadvantageous position, relative to the Constitution, of the common law and legislation applies even more strongly, in the local law, to rights deriving their force from international law7. Turning to another point, one of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provisions that have saved many laws enacted by colonial legislatures as existing laws8. What is the death penalty? The death penalty has been described as a matter of continuing fascination9. The death penalty is the sentence of death imposed for the offence of murder in most Commonwealth Caribbean territories, except the British Virgin Islands. It was abolished by England in its overseas territories who were reluctant to do it themselves. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder10. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters11. Is the death penalty in the Commonwealth Caribbean constitutional? The death penalty is constitutional in the Commonwealth Caribbean. But, it is interesting that by the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another12. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. It should be noted that the Privy Council has recently ruled in a trilogy of cases13 that a mandatory death penalty for murder is unconstitutional because it offends the guarantee contained in each of the constitutions concerned that: '[n]o person shall be subjected to torture or to inhumane or degrading punishment or other treatment"14. To deny the offender the opportunity, before sentence is passed, to seek to persuade the court that in all the circumstances to condemn him to death would be disproportionate and inappropriate is to treat him as no human being should be treated and thus to deny his basic humanity, the core of the right which section 7 [no inhuman or degrading punishment] exists to protect15. Second, is the death penalty unconstitutional as a result of the mechanism of saving law clauses? It should be noted that, these existing laws operate notwithstanding the fact that they may constitute exceptions to the fundamental rights and freedoms guaranteed to the individual in the independence constitutions. In other words, the transition from the colonial state to the independent state has guaranteed to the individual fundamental human rights and freedoms that were not previously enjoyed16. What effect if any, has the saving law clause impact the fundamental issue of the right to life? In both Fisher (No.2) and Higgs the Board rejected the expansive interpretation of the relevant constitutional provisions proposed by the council for the appellants. In line with a number of earlier Privy Council decisions17, the Board instead opted for a narrower interpretation, referring to the "existing" and "saving Laws" provisions of the Bahamian Constitution as a reason for refusing to imply new constitutional rights, where none had previously existed18. The Constitutions of Barbados, Belize, Guyana, Jamaica and Trinidad and Tobago all contain provisions clearly designed to exempt pre-existing law from challenge for contravention of the human rights provisions. In Barbados, the saving effect is confined to written law19. In Belize, the saving effect is expressed to continue for five years after independence20. In Guyana and Trinidad and Tobago, the date up to which law is thus saved is not independence, as in the instances of Barbados, Belize and Jamaica, but the date of the post-independence revised Constitution21. These provisions have had a chequered history in the courts. They have been applied enthusiastically in some cases, such as the Jamaican case of Nasralla v. D.P.P. In another case, the Privy Council itself overlooked the provision and held that a pre-existing law had been repealed by the human rights constitutional provision, but it later recanted this error in Baker v. Reg. But in two very important cases, Thornhill v. A-G22. and Bell v. D.P.P.23, the Privy Council has managed to apply the constitutional provisions protecting human rights with-out being deterred; as the logic of the saving existing law clause had sometimes been held to dictate, by the difficulty of establishing that the right contended for existed prior to the cut-off date24. Third, can "the Judicial Committee of the Privy Council . . . prevent the use of the death penalty, as a punishment legally and constitutionally imposed by the State25? The Judicial Committee of the Privy Council has erected many barriers and policies to circumvent the death penalty. However, it should be noted, that the policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years from de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out26. New human rights jurisprudence has been developing since 199327. Michael de Freitas a.k.a Michael Abdul Malik challenged the carrying of the death penalty on two grounds28. First h e argued that capital punishment was per se a cruel and unusual punishment29. Alternatively, he contended that the lapse of time between sentence and execution rendered it unconstitutional to carry out the death sentence30. Their Lordship rejected both arguments and de Freitas was duly executed31. In Abbott v. Attorney Gen. of Trinidad & Tobago32, although their Lordships greatly deplored the length of time between sentence and its being carried out on the ground that" [I]t brings the administration of criminal justice into disrepute among law-abiding citizens33", they dismissed the appeal which was based on the ground that to execute after such a long delay was unconstitutional. They determined that execution of the sentence after six years did not amount to infringement of Abbot's right to life. In Riley v. Attorney General of Jamaica34, the Privy Council held by a majority (3-2) that delay could afford no ground for holding the execution to be a contravention of the relevant Section (17) of the Jamaican Constitution. The dissenting voices in Riley opened the way for Pratt v. Attorney-General of Jamaica35, this case was decided in November 1993 and the Judicial Committee of the Privy Council revisited the question of delay. A full court of seven judges implied that the law was about to be changed. They held as follows: first, that the execution of the death sentence after unconscionable delay would constitute a contravention of a constitutional provision against cruel and inhuman punishment except where the delay had been the result of fault on the part of the accused36. However, delay attributable to the accused's exploring legitimate avenues of appeal did not fall within that exception37. Second, that to execute the appellants after holding them in custody and under sentence of death for nearly fourteen years would be inhuman and in breach of Section 17(1) of the Jamaican Constitution38. Consequently, the sentences of death should be commuted to life imprisonment39. Finally, Pratt held that if capital punishment is to be retained it must be carried out with all possible expedition40. Response in regards to the death penalty Caribbean governments have recently decided that the Privy Council represents the last vestiges of colonialism and should be replaced by a Caribbean court of justice. There are many other features of colonialism that remain in spite of independence. Caribbean politicians pick out the Privy Council because some of its decisions irk them. It held some years ago, in the case of Pratt v Morgan, that defendant who was sentenced to hang had undergone cruel and unusual punishment because they had spent an inordinate length of time on death row awaiting their fate. This was a big step towards abolishing the death penalty, because the administration of justice in the Caribbean is so clogged that it is virtually impossible to hear all appeals in reasonable time. But the murder rate, particularly in Jamaica and Trinidad, is high; there are political rewards in taking the "hang 'em and flog 'em" line. So getting rid of the Privy Council commands support. The big obstacle is that to set up a Caribbean court of justice, each parliament needs to pass the necessary law by a two-thirds majority. This is currently impossible in Trinidad and Tobago, in Antigua and perhaps elsewhere. The need to oppose almost everything governments propose makes consensus impossible41. However, in order to counter the effects of Pratt, the Government of Barbados has determined that where the common law is deficient there must be legislative amendment to remedy the mischief. Thus applying Kelsen's42 theory, it is proposed to go to the Grundnorm itself, viz. the Constitution, and so amend it as "to reverse the effects of the Pratt and Morgan line of cases43. Nonetheless, it must be seriously noted that "the law is a mess! It has taken the Judicial Committee of the Privy Council, our highest court, almost six years to confess that their decisions and the attitude of the international human rights bodies have truly placed our countries 'between a rock and a hard place'"44. A constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice45. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice46. Inhumane Treatment Does a five year wait period on death row constitute inhuman treatment? The Board in Pratt had held there would be "strong grounds for believing" that the delay would constitute inhumane or degrading punishment or other treatment and the death sentence would be commuted to life imprisonment47. In Fisher (No.2) v. Minister of Public Safety and Immigration48, the Privy Council was asked to consider whether an execution, while a petition was outstanding, would infringe the right to life under article 16 of the Bahamian Constitution; or whether an execution in these circumstances would amount to inhuman and degrading treatment or punishment under Article 1749. In the Reyes case the Board drew upon the growing corpus of jurisprudence from both national courts as well as international human rights authorities which have wrestled with the issue, whether a mandatory death penalty constitutes an inhuman or degrading punishment50. Thus the Board referred to the decisions of the Supreme Court of the United States, in Woodson v. North Carolina51 and Roberts v. Louisiana52, in which it was held that a state legislation which provided for a mandatory death penalty was cruel punishment and violated the Eighth Amendment. The Board also referred to the decision of the Supreme Court of India Criminal Code, which imposed a mandatory death penalty on those convicted of a murder committed while the offender was under sentence of imprisonment, violated Article 21 of the Indian Constitution, which protects the right to life. The Board further referred to a number of decisions of the Inter-American Commission in petitions emanating from the Bahamas, Jamaica and Grenada53. In each of these cases the Commission held that the imposition of a mandatory death penalty violated the convicted men's rights under Articles XXV and XXVI and subjected them to cruel and inhuman punishment. In St. Lucia, all murders carry the mandatory death sentence (by hanging). Hughes made a parallel challenge to Reyes under section 5 of the St Lucia Constitution not to be subjected to inhumane or degrading punishment. The St. Lucia Constitution, however, contains an active partial savings clause (the "torture proviso"), which immunises existing "descriptions of punishment" from constitutional inconsistency challenges (paragraph 10). The saving law clause was read strictly and narrowly (following Pratt v. What are the positions of special interests groups, for and against the death penalty? Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases54. Critics of the death penalty in contemporary American jurisprudence have claimed the inevitability of caprice and mistake and have pointed to racial and other biases in the imposition of the death penalty. Currently, the death penalty in principle seems acceptable to the Supreme Court and to the general populace55. 1Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 2 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 3 West Virginia Board of Education v. Barnette, 319 U.S. 624, 638; quoted in Stephen Holmes, Passions and Constraint: On the Theory of Liberal Democracy 135 (1997). Also quoted in Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 4 Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 at 227-228 5 See, e.g., the Slavery Abolition Act 1833 (U.K.), s.12, Land Acquisition Act (Barbados cap. 228), ss. 14-21, and the Ombudsman Act (Jamaica). 6 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 7 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 8 Ghany, Hamid A.., The Death Penalty, Human Rights and British Law Lords: Judicial Opinion on Delay of Execution in the Commonwealth Caribbean. International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, at p33. 9R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 10 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 11 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 12 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 13 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 14 Constitution of Belize, Pt II, s.7, Constitution of Saint Lucia, s.5 and Constitution of Saint Christopher and Nevis, s.7. 15 Per Lord Bingham in Reyes at para. 43. 16 Ghany, Hamid A.., The Death Penalty, Human Rights and British Law Lords: Judicial Opinion on Delay of Execution in the Commonwealth Caribbean. International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, at p33. 17 See DPP v. Nasralla [1967] 2 A.C. 238 and Maharaj v. Att.-Gen. of Trinidad and Tobago (No.20 [1979] A.C. 385. 18 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p575. 19 Barbados Constitution, s.26. 20 Belize Constitution, s.21. 21 Guyana Constitution, s. 152 (1)-(2) (subject to a six-month period in which challenge to post-independence law was permitted); Trinidad and Tobago Act 1976-4 (supra, n. 74), s. 18; Trinidad and Tobago Constitution, s. 6; supra, nn. 13, 93, 94. In Guyana, however, quaere whether an unconstitutional post-independence law could be an "existing law" as defined in s 152 (1) (a).As quoted in Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 at p. 164 22 [1981] A.C. 61. 23 [1985] 2 All E.R. 585 24 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 at p. 164 25 Sir Clifford S. Husbands, Speech from the Throne, 22 (February 16, 1999), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 264 26 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 27 Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 28 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 29 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 241, as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 30 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 241, as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 31 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 245-47, Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 32 Abbott v. Attorney Gen. of Trinidad & Tobago. [1979] 1 WLR 1342 (P.C. 1979) (appeal taken from Trin. & Tobago). 33 Abbott v. Attorney Gen. of Trinidad & Tobago. [1979] 1 WLR 1342 at 1345 (P.C. 1979) (appeal taken from Trin. & Tobago). 34 Riley v. Attorney General of Jamaica [1983] 1 App. Cas. 719 (P.C. 1982) (appeal taken from Jamaica) 35 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 (P.C. 1993). 36 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 356 (P.C. 1993). 37 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 360 (P.C. 1993). 38 39 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 360 (P.C. 1993). 40 Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 41 Howe, Darcus, A quaint colonial relic -but at least it saves people from being hanged New Statesman; 7/21/2003, Vol. 132 Issue 4647, p13, 1/2p 42 See generally Hans Kelsen, General Theory of Law and State (1961), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 284 43 Sir Clifford S. Husbands, Speech from the Throne, 22 (February 16, 1999), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 284 44 Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. This article was presented as a Ball Chair Distinguished Lecture at the Florida State University College of Law on March 31, 1999. Spring 2000 Vol.9:2 p.263 at 280 45 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 46 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 47 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p573. 48 [1999] 2 W.L.R. 349 49 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p573. 50 The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 51 428 U.S. 280 (1976). 52 431 U.S. 633 (1977). 53 Edwards v. The Bahamas (Report No. 48/01, April 4, 2001), Downer and Tracey v. Jamaica (Report No. 41/00, April 13, 2000) and Baptiste v. Grenada (Report No. 38/00, April 13, 2000). 54 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? 55 R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 200140017 2 f:\12000 essays\law & government (233)\Human Rights Term Paper 9.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ University of the West Indies LL.B Degree Programme Topic: 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' Subject: Human Rights Course Number: Lecturer: Calvin Eversley Student Number: 200140017 In regards to the topic question posed above; it is the writer's submission to put forward an analytical discussion about the significant developments in jurisprudence on fundamental rights in the Commonwealth Caribbean constitutions, while highlighting the scoop and ambit of the right to life. In the course of this analytical discussion, fundamental issues will be discussed, namely, whether or not the death penalty is unconstitutional in regards to the right to life, whether or not as a result of the constitutional mechanism of saving law clauses the death penalty is constitutional, and whether or not the Privy Council is in a position to alter laws that are expressly laid down in the constitution thus going against the grain of constitutional supremacy. The first fundamental issue that will be address comprises of, what is the scoop and ambit of the right to life under the Caribbean Constitutions. It should be noted that every West Indian Constitution contains a Bill of Rights; which is one of the deeply entrenched provisions of the Constitution1 devoted to the protection of human rights, which thus shares in the character of the supreme law of the state2. Mr. Justice Robert Jackson of the US Supreme Court has observed: The very purpose of a Bill of Rights [is] to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to a vote: they depend on the outcome of no elections3. "The fundamental rights and freedoms listed in our constitutions are in fact versions or a species of some of the basic human rights declared in the famous Universal Declarations, such as the Universal Declaration of Human Rights promulgated by the United Nations in 1948"4. The human rights chapter by no means contains all the law relating to human rights. In the event that the provisions relating to human rights rest on the common law Act of Parliament5, they are vulnerable to subsequent legislation which can be controlled by the government in power, unlike the provisions of the Constitution, which cannot be so easily amended6. The disadvantageous position, relative to the Constitution, of the common law and legislation applies even more strongly, in the local law, to rights deriving their force from international law7. Turning to another point, one of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provisions that have saved many laws enacted by colonial legislatures as existing laws8. What is the death penalty? The death penalty has been described as a matter of continuing fascination9. The death penalty is the sentence of death imposed for the offence of murder in most Commonwealth Caribbean territories, except the British Virgin Islands. It was abolished by England in its overseas territories who were reluctant to do it themselves. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder10. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters11. Is the death penalty in the Commonwealth Caribbean constitutional? To Put to death or not, that is the question. David Simmons posited that "the law is a mess! It has taken the Judicial Committee of the Privy Council, our highest court, almost six years to confess that their decisions and the attitude of the international human rights bodies have truly placed our countries 'between a rock and a hard place'"12. O'Brien put forward that in the course of concluding that a mandatory death penalty was unconstitutional the Board expressly accepted a number of fundamental principles which could in the future form the basis for arguing that the circumstances for a condemned prisoner's detention are relevant to the constitutionality of his execution. These principles are as follows: First, that interpretation of the constitutional provisions which guarantee fundamental rights must take account of the norms incorporated in the international instruments to which each country subscribed, such as the American Declaration and the International Covenant on Civil and Political Rights. Secondly, that prior to independence the countries of the region were covered by the ECHR, the provisions which were in large measure incorporated in each constitution, and it could not be thought that on independence it was intended to diminish the rights that people had previously enjoyed. Thirdly, that the court is required to consider the substance of the fundamental rights at issue and ensure contemporary protection of those rights in the light of evolving standards of decency that mark progress of a maturing society. Fourth and finally, that the death penalty, even if constitutionally sanctioned, is still subject to the principle of proportionality13. In retrospect by the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. In regards to this discussion, the historical time line to start the process in rendering the death penalty unconstitutional would begin in de Freitas v. Benny 14. Michael de Freitas a.k.a Michael Abdul Malik challenged the carrying of the death penalty on two grounds15. First he argued that capital punishment was per se a cruel and unusual punishment16. Alternatively, he contended that the lapse of time between sentence and execution rendered it unconstitutional to carry out the death sentence17. Their Lordship rejected both arguments and de Freitas was duly executed18. The Privy Council in de Freitas was headed by the great English judge Lord Diplock who presided in Abbot. In Abbott v. Attorney Gen. of Trinidad & Tobago19, although their Lordships greatly deplored the length of time between sentence and its being carried out on the ground that" [I]t brings the administration of criminal justice into disrepute among law-abiding citizens20", they dismissed the appeal which was based on the ground that to execute after such a long delay was unconstitutional. They determined that execution of the sentence after six years did not amount to infringement of Abbot's right to life21. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another22. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. Up to this point, the judicial opinion in Riley that delay did not contravene the Constitution appeared reasonable solid. However, in Riley, the two the dissenting judges, Lord Scarman and Lord Brightman, dented the solidity of the judicial opinion. In the concluding words of their dissents, Lord Scarman and Brightman said, "Prolonged delay when it arises from factors outside the control of the condemned man can render a decision to carry out the death sentence of death an inhuman and degrading punishment"23. On the other hand, the dissenting voices in Riley opened the way for Pratt v. Attorney-General of Jamaica24, this case was decided in November 1993 and the Judicial Committee of the Privy Council revisited the question of delay. A full court of seven judges implied that the law was about to be changed. They held as follows: first, that the execution of the death sentence after unconscionable delay would constitute a contravention of a constitutional provision against cruel and inhuman punishment except where the delay had been the result of fault on the part of the accused25. However, delay attributable to the accused's exploring legitimate avenues of appeal did not fall within that exception26. Second, that to execute the appellants after holding them in custody and under sentence of death for nearly fourteen years would be inhuman and in breach of Section 17(1) of the Jamaican Constitution. Consequently, the sentences of death should be commuted to life imprisonment27. Finally, Pratt held that if capital punishment is to be retained it must be carried out with all possible expedition28. The immediate result of the decision in Pratt was that all Caribbean jurisdictions, which had prisoners on death row in excess of five years, had to commute their sentences to life imprisonment29. It should be noted that the Privy Council has recently ruled in a trilogy of cases30 that a mandatory death penalty for murder is unconstitutional because it offends the guarantee contained in each of the constitutions concerned that: '[n]o person shall be subjected to torture or to inhumane or degrading punishment or other treatment"31. In Reyes (Patrick) v. R32 the appellant, having been convicted of a Class A murder, was sentenced to death pursuant to section 102 (as amended) of the Criminal Code of Belize. Section 102, as amended, distinguishes between Class A and Class B murders. For Class A murders the death penalty is mandatory and hanging is the method by which the death sentence is carried out33. The appellant sought to challenge the constitutionality of a mandatory death penalty, and the method of carrying the death penalty-by hanging. The appellant argued that a mandatory death penalty infringed both section 7 of the Constitution of Belize, which states that "[n]o person shall be subjected to torture or to inhuman or degrading punishment or other treatment"; and sections 3 and 4 of the Constitution, which protect the right to life34. To determine the issue, the Board drew upon the growing corpus of jurisprudence from both national courts as well as international human rights authorities which have wrestled with the issue, whether a mandatory death penalty constitutes an inhuman or degrading punishment35. Thus the Board referred to the decisions of the Supreme Court of the United States, in Woodson v. North Carolina36 and Roberts v. Louisiana37, in which it was held that a state legislation which provided for a mandatory death penalty was cruel punishment and violated the Eighth Amendment. The Board also referred to the decision of the Supreme Court of India Criminal Code, which imposed a mandatory death penalty on those convicted of a murder committed while the offender was under sentence of imprisonment, violated Article 21 of the Indian Constitution, which protects the right to life. The Board further referred to a number of decisions of the Inter-American Commission in petitions emanating from the Bahamas, Jamaica and Grenada38. In each of these cases the Commission held that the imposition of a mandatory death penalty violated the convicted men's rights under Articles XXV and XXVI and subjected them to cruel and inhuman punishment39. To deny the offender the opportunity, before sentence is passed, to seek to persuade the court that in all the circumstances to condemn him to death would be disproportionate and inappropriate is to treat him as no human being should be treated and thus to deny his basic humanity, the core of the right which section 7 [no inhuman or degrading punishment] exists to protect40. The Board concluded that to the extent that section 102 of the Criminal Code of Belize denies an offender, who has been sentenced to death for "any murder by shooting", the opportunity, before sentence is passed, to seek to persuade the court that to condemn him to death would be disproportionate and inappropriate, it is inconsistent with section 7 of the Constitution and is, therefore void41. In R. v. Hughes (Peter)42 the Board had no hesitation in following its earlier decisions in Reyes in holding section 178 to be unconstitutional to the extent that it required a mandatory death penalty to be imposed on anyone convicted of murder43. The key difference between the two cases is that before reaching this conclusion the Board had first to overcome the considerable obstacle presented by the saving laws clause contained in paragraph 10 of Schedule 2 to the Constitution of Saint Lucia, which provides that: Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 of the Constitution to the extent that the law in question authorise the infliction of any description of punishment that was lawful in Saint Lucia immediately before 1 March 1967 (being the date which Saint Lucia became an associate state). Although the appellant advanced an alternative challenge to the constitutionality of section 178 on the ground that it violated his right to life under sections 1 and 2 of the Constitution which, unlike section 5, are not limited by paragraph 10, the critical focus of inquiry was on the interpretation and application of paragraph 10. In order to overcome the obstacle presented by paragraph 10 the Board drew a firm distinction between a law which merely authorise and one which actually requires the infliction of the death penalty. The Board accepted that in so far as section 178 authorises the infliction of a form of punishment, the death penalty, which was lawful in Saint Lucia immediately before March 1, 1967, it could not be said to be inconsistent with section 5. The Board did not, however, accept that it was thereby prevented from considering whether the infliction of a mandatory death sentence was unconstitutional. Because paragraph 10 is a derogation from constitutional guarantee it was appropriate, in the Board's view, to give it a strict and narrow, rather than a broad, construction44. Thus if all that section 178 did was to authorise the death sentence it would be saved by paragraph 10. however, section 178 goes so much further than merely authorising; "it actually requires the infliction of the death penalty on anyone convicted of murder". The distinction was no mere matter of semantics. It was linked to the principle of proportionality and individualised sentencing. Accordingly, the Board concluded that to the extent that section 178 requires the infliction of the death penalty in all cases of murder the exception provided by paragraph 10 does not apply. It is, therefore, void by virtue of section 120 of the Constitution, which provides that the Constitution is the Supreme law and that any law which is inconsistent with the Constitution is "to that extent" void45. What is a saving law clause and is the death penalty unconstitutional as a result of the mechanism of saving law clauses? A "saving law" clause is so called because its effect is expressly to exclude any challenge to the lawfulness of a punishment on the ground that it is inhuman or degrading so long as the punishment was authorised by a law which was in force on the commencement of the constitution46. It should be noted that, these existing laws operate notwithstanding the fact that they may constitute exceptions to the fundamental rights and freedoms guaranteed to the individual in the independence constitutions. In other words, the transition from the colonial state to the independent state has guaranteed to the individual fundamental human rights and freedoms that were not previously enjoyed47. What effect if any, has the saving law clause impact the fundamental issue of the right to life? In both Fisher (No.2) and Higgs the Board rejected the expansive interpretation of the relevant constitutional provisions proposed by the council for the appellants. In line with a number of earlier Privy Council decisions48, the Board instead opted for a narrower interpretation, referring to the "existing" and "saving Laws" provisions of the Bahamian Constitution as a reason for refusing to imply new constitutional rights, where none had previously existed49. The Constitutions of Barbados, Belize, Guyana, Jamaica and Trinidad and Tobago all contain provisions clearly designed to exempt pre-existing law from challenge for contravention of the human rights provisions. In Barbados, the saving effect is confined to written law50. In Belize, the saving effect is expressed to continue for five years after independence51. In Guyana and Trinidad and Tobago, the date up to which law is thus saved is not independence, as in the instances of Barbados, Belize and Jamaica, but the date of the post-independence revised Constitution52. These provisions have had a chequered history in the courts. They have been applied enthusiastically in some cases, such as the Jamaican case of Nasralla v. D.P.P. In another case, the Privy Council itself overlooked the provision and held that a pre-existing law had been repealed by the human rights constitutional provision, but it later recanted this error in Baker v. Reg. But in two very important cases, Thornhill v. A-G53. and Bell v. D.P.P.54, the Privy Council has managed to apply the constitutional provisions protecting human rights with-out being deterred; as the logic of the saving existing law clause had sometimes been held to dictate, by the difficulty of establishing that the right contended for existed prior to the cut-off date55. Can "the Judicial Committee of the Privy Council . . . prevent the use of the death penalty, as a punishment legally and constitutionally imposed by the State56? The Judicial Committee of the Privy Council has erected many barriers and policies to circumvent the death penalty. However, it should be noted, that the policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years from de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out57. What are the positions of special interests groups, for and against the death penalty? Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases58. Caribbean governments have recently decided that the Privy Council represents the last vestiges of colonialism and should be replaced by a Caribbean court of justice. There are many other features of colonialism that remain in spite of independence. Caribbean politicians pick out the Privy Council because some of its decisions irk them. It held some years ago, in the case of Pratt v Morgan, that defendant who was sentenced to hang had undergone cruel and unusual punishment because they had spent an inordinate length of time on death row awaiting their fate. This was a big step towards abolishing the death penalty, because the administration of justice in the Caribbean is so clogged that it is virtually impossible to hear all appeals in reasonable time. But the murder rate, particularly in Jamaica and Trinidad, is high; there are political rewards in taking the "hang 'em and flog 'em" line. So getting rid of the Privy Council commands support. The big obstacle is that to set up a Caribbean court of justice, each parliament needs to pass the necessary law by a two-thirds majority. This is currently impossible in Trinidad and Tobago, in Antigua and perhaps elsewhere. The need to oppose almost everything governments propose makes consensus impossible59. However, in order to counter the effects of Pratt, the Government of Barbados has determined that where the common law is deficient there must be legislative amendment to remedy the mischief. Thus applying Kelsen's60 theory, it is proposed to go to the Grundnorm itself, viz. the Constitution, and so amend it as "to reverse the effects of the Pratt and Morgan line of cases61. In conclusion, Lloyd Barnett stated that a constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice62. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice63. 1Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 2 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 3 West Virginia Board of Education v. Barnette, 319 U.S. 624, 638; quoted in Stephen Holmes, Passions and Constraint: On the Theory of Liberal Democracy 135 (1997). Also quoted in Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 4 Simeon McIntosh, Caribbean Constitutional Reform: Rethinking the West Indian Polity (2002) pp.226 at 227-228 5 See, e.g., the Slavery Abolition Act 1833 (U.K.), s.12, Land Acquisition Act (Barbados cap. 228), ss. 14-21, and the Ombudsman Act (Jamaica). 6 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 7 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 8 Ghany, Hamid A.., The Death Penalty, Human Rights and British Law Lords: Judicial Opinion on Delay of Execution in the Commonwealth Caribbean. International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, at p33. 9R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 10 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 11 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 12 Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. This article was presented as a Ball Chair Distinguished Lecture at the Florida State University College of Law on March 31, 1999. Spring 2000 Vol.9:2 p.263 at 280 13 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678 at p. 685. 14 de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago) 15 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 16 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 241, as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 17 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 241, as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 18 See de Freitas v. Benny. [1976] App. Cas. 239 (P.C. 1975) (appeal taken from Trin. & Tobago).at 245-47, Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 19 Abbott v. Attorney Gen. of Trinidad & Tobago. [1979] 1 WLR 1342 (P.C. 1979) (appeal taken from Trin. & Tobago). 20 Abbott v. Attorney Gen. of Trinidad & Tobago. [1979] 1 WLR 1342 at 1345 (P.C. 1979) (appeal taken from Trin. & Tobago). 21 Abbott v. Attorney Gen. of Trinidad & Tobago. [1979] 1 WLR 1342 at 1348 (P.C. 1979) (appeal taken from Trin. & Tobago). 22 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 23 Riley v. Attorney General of Jamaica [1983] 1 App. Cas. 719 at 736 (P.C. 1982) (appeal taken from Jamaica) 24 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 (P.C. 1993). 25 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 356 (P.C. 1993). 26 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 360 (P.C. 1993). 27 Pratt v. Attorney General of Jamaica, 43 W.I.R. 340 at 360 (P.C. 1993). 28 Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 267 29 Jamaica commuted in excess of 150, Trinidad and Tobago 53, and Barbados 9. As quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 270. 30 Reyes (Patrick) v. R. [2002] 2 W.L.R. 1034, R. v. Hughes (Peter) [2002] 2 W.L.R. 1058 and Fox (Berthill) v. R [2002] 2 W.L.R. 1077. 31 Constitution of Belize, Pt II, s.7, Constitution of Saint Lucia, s.5 and Constitution of Saint Christopher and Nevis, s.7. 32 [2002] W.L.R. 1034 33 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678. 34 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678. 35 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 at p. 679. 36 428 U.S. 280 (1976). 37 431 U.S. 633 (1977). 38 Edwards v. The Bahamas (Report No. 48/01, April 4, 2001), Downer and Tracey v. Jamaica (Report No. 41/00, April 13, 2000) and Baptiste v. Grenada (Report No. 38/00, April 13, 2000). 39 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 at p. 680. 40 Per Lord Bingham in Reyes at para. 43. 41 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean, [2002] P.L. Winter (c) Sweet & Maxwell and Contributors, p 678 at p. 680. 42 [2002] 2 W.L.R. 1058 43 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678 at p. 681. 44 As the Court of Appeal of Botswana had observed in State v. Petrus [1985] L.R.C. (Const) 699, 720 D-F referring to Corey v. Knight (1957) 150 Cal. App. 2d 671 as quoted in O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678 at 681. 45 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678 at 682. 46 O'Brien, Derek, The death penalty and the constitutions of the Commonwealth Caribbean. [2002] P.L. Winter (c) Sweet & Maxwell and Contributors. p.678. 47 Ghany, Hamid A.., The Death Penalty, Human Rights and British Law Lords: Judicial Opinion on Delay of Execution in the Commonwealth Caribbean. International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, at p33. 48 See DPP v. Nasralla [1967] 2 A.C. 238 and Maharaj v. Att.-Gen. of Trinidad and Tobago (No.20 [1979] A.C. 385. 49 O'Brien. D, and Carter, V., Constitutional rights, legitimate expectations and the death penalty. [2000] P.L. Winter (c) Sweet & Maxwell and Contributors, p575. 50 Barbados Constitution, s.26. 51 Belize Constitution, s.21. 52 Guyana Constitution, s. 152 (1)-(2) (subject to a six-month period in which challenge to post-independence law was permitted); Trinidad and Tobago Act 1976-4 (supra, n. 74), s. 18; Trinidad and Tobago Constitution, s. 6; supra, nn. 13, 93, 94. In Guyana, however, quaere whether an unconstitutional post-independence law could be an "existing law" as defined in s 152 (1) (a).As quoted in Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 at p. 164 53 [1981] A.C. 61. 54 [1985] 2 All E.R. 585 55 Carnegie, A.R., The Constitutional Protection of Human Rights in the Commonwealth Caribbean. p.152 at p. 164 56 Sir Clifford S. Husbands, Speech from the Throne, 22 (February 16, 1999), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 264 57 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 58 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? 59 Howe, Darcus, A quaint colonial relic -but at least it saves people from being hanged New Statesman; 7/21/2003, Vol. 132 Issue 4647, p13, 1/2p 60 See generally Hans Kelsen, General Theory of Law and State (1961), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 284 61 Sir Clifford S. Husbands, Speech from the Throne, 22 (February 16, 1999), as quoted in Simmons, David A.C., Conflicts of Law and Policy in the Caribbean-Human Rights and the Enforcement of the Death Penalty-Between a Rock and a Hard Place. Spring 2000 Vol.9:2 p.263 at 284 62 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 63 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 200140017 2 f:\12000 essays\law & government (233)\Human Rights Term Paper.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 'Litigation initiated by capital defendants in Caribbean courts (including the Privy Council) over the last decade or so has produced significant developments in jurisprudence on fundamental rights in Commonwealth Caribbean constitutions. Paradoxically however, despite the intensity of litigation, we still know little about the scoop and ambit of the right to life under Caribbean constitutions.' The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean is distant. The policy of the Privy Council towards the death penalty in the Commonwealth Caribbean has changed within a period of twenty years fro de Freitas v Benny [1976] AC 239 to Pratt and Another v Attorney General of Jamaica [1993] 43 WIR 340. The key issue that has led to a change in judicial opinion on the issue of the death penalty in the region has been delay in carrying out the sentence. This manifested itself in the 1970s and the 1980s in the context of two opinions of the Privy Council, but was fully accepted by them in the 1990s as the key to determining whether or not the sentence of death ought to be carried out1. One of the major legal and constitutional issues that the Judicial Committee has had to address is the constitutionality of the death penalty in the Commonwealth Caribbean. This has come about largely because the grant of independence to the former colonies of Great Britain in the Caribbean has included constitutional provision that have saved many laws enacted by the colonial legislatures as existing laws. By the 1980s, it was clear that the Judicial Committee was beginning to start the process of rendering the death penalty unconstitutional where delay measured in terms of years was a factor. The first sign of such a change manifested itself in their judgment in the Jamaican case of Riley and others v Attorney General of Jamaica and Another2. In this case, the Judicial Committee divided three to two on the issue of what effect delay ought to have on the carrying out of the sentence of death. The majority (Lords Hailsham, Diplock and Bridge) held the view that delay could not override the effect of the meaning of section 17 of the Jamaican Constitution which reads as follows: (1) No person shall be subjected to torture or to inhumane or degrading punishment or other treatment. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment which was lawful in Jamaica immediately before the appointed day. The death penalty has been retained throughout the Commonwealth Caribbean as the mandatory punishment for murder3. The death sentence is carried out by hanging. Those convicted of murder and sentenced to death by judge and jury, can appeal to the local court of appeal and if unsuccessful then to the Judicial Committee of the Privy Council in London. All Commonwealth Caribbean countries, save for Guyana, have retained the Privy Council as the final court of appeal in all criminal and civil matters4. The death penalty is a matter of continuing fascination. Critics of the death penalty in contemporary American jurisprudence have claimed the inevitability of caprice and mistake and have pointed to racial and other biases in the imposition of the death penalty. Currently, the death penalty in principle seems acceptable to the Supreme Court and to the general populace5. A constitution must above all express fundamental principles of justice applicable to all persons. The faithful observe of these principles may sometimes be inconvenient or restrict action which in the short term appears to be desirable. It may even restrain action which is favoured by the majority. But there are inevitable features of constitutional governments which respect their country's Constitution as a very special instrument. For this reason amendments to achieve short term objectives are dangerous, particularly when it is intended to reverse the decisions of courts which seek to apply fundamental principles of justice6. Lloyd Barnett, also put forward that the hanging amendment proposed by the government is particularly dangerous because it would set a precedent for changing our Constitution to achieve short term objectives and reserve decisions based on the judicial application of principles of fundamental justice7. Amnesty International Amnesty International calls on all governments to abolish the death penalty in law and practice. Pending abolition, the organisation calls on governments to respect international standards restricting the scope of the death penalty, to introduce a moratorium for executions, to commute death sentences and to introduce the most rigorous standards for fair trial in capital cases8. 1 Ghany, Hamid A., International Journal of Human Rights; Summer2000, Vol. 4 Issue 2, p30, 14p 2 See S. de Smith and R. Brazier, Constitutional and Administrative Law, (London Penguin 1994), p 169. 3 See Hughes and Spence delivered on 2nd April 2001, where the Eastern Caribbean Court of Appeal held that the mandatory imposition of the death penalty was unconstitutional. 4 Website: http://www.penalreform.org/english/dp_overview.htm Saul Lehrfreund MBE Simons Muirhead and Burton .An overview of the Death Penalty in the Commonwealth Caribbean. 5 R. George Wright, The Death Penalty and the Way We Think Now, Loyola of Los Angeles Law Review [Vol. 33:533] 6 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 7 Website: http://www.ijchr.com/Constitution%20&%20Death%20Penalty.htm. Barnett, Lloyd, Changing the Constitution and the Death Penalty. 8 http://www.amnesty.org.uk/deliver/document/12953, Caribbean: A first step towards abolishing the death penalty? --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ 200140017 1 f:\12000 essays\law & government (233)\HUMAN RIGHTS.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ You will have t excuse the big shift that happens about 60% of the way through the paper, but I decided to change my focus and thesis a couple of days ago, and this shift is indicated by the change in writing style and the lack of footnotes. Please excuse this while you are reading, but I haven't had a chance to refine it yet. Also, I do have sources for all these sections, but I have only had time to put them in up to a certain point before sending this out. I hope that it makes some sense to you and I thank you for taking the time to read it at such a hectic time in the semester. SINGAPORE AND THE CULTURAL CRITIQUE OF HUMAN RIGHTS: PROBLEMS AND PROPOSITIONS I: Introduction: The centrality of the Human Rights discourse in contemporary international relations is undeniable. After being in the shadows of the great ideological debate of the Cold War for almost fifty years, the Universal Declaration of Human Rights, drafted in 1948, has again come into the fore. Despite the universal underpinnings expressed throughout the Declaration - and later conventions and covenants - worldwide support remains divided. In fact, two opposing theoretical camps have been formed in the international community, one representing universalism and the other, cultural relativism. Although universalists applaud the indiscriminate applicability of Human Rights on a global scale, relativists argue that these rights represent only one of many possible socio-cultural normative doctrines and, as a result, can only be legitimately applied to the particular cultural context in which they were formulated. There is a number of nations worldwide that not only refuse to adhere to the declaration, but also stand in direct opposition to its fundamental tenets - their reason: universality. How can this be? Are human rights not by and for all human beings? The answer is a resounding "NO!" from those who argue that Human Rights have been singularly crafted by the West, represent uniquely Western values, and thus, cannot apply to any other culture other than that of the West. One of the most vocal proponents of this line of thinking is Singapore. This former British colony, despite its miniscule territory and short history as an independent state, has taken a leadership role in speaking out against Human Rights propagation and its presumed universal political and ethical legitimacy in international affairs. The central purpose of this paper is to examine the Singaporean cultural relativist critique of Human Rights. Singapore will be the primary focus of analysis due to the fact that it unequivocally espouses the relativist doctrine, is a leader of worldwide opposition to the Human Rights movement, and is unique in that it is one of the few industrialized countriesi actively endorsing the pursuit of and essentially non-Western model of socio-political organization and development. I will begin by defining the pertinent terms of this paper and continue by briefly describing the central tenets of the relativist critique of Human Rights. I will then move into a detailed examination of some of the fundamental flaws associated with cultural relativism and will show how, as a result, relativism may not be the best argument for Singapore to use in order to continue and maintain its non-Western ideological path. I will contend, however, that despite these problems, the substance of the relativist position cannot and should not be ignored and, consequently, will assess the feasibility for the Human Rights discourse to address cultural and collectivist considerations. To conclude, I will offer some final thoughts about the universal/relative debate and make some suggestions as to Singapore's future role as the voice of dissent in a world still dominated by Western rhetoric. II: Abbreviations and Important Terms: HR - Human Rights CR - Cultural Relativism UN - United Nations UDHR - Universal Declaration of Human Rights Vienna+5 - World Conference on Human Rights held in Vienna in 1993 PAP - People's Action Party in Singapore The theoretical and contentious nature of this subject force me to engage in a lengthy discussion of terms and definitions in order to attempt to avoid as much confusion as possible, and preclude semantic debate in favour of the discussion of more substantive issues. I am by no means stating that the definitions used in this paper will not be provocative - quite the contrary - however, in order to make any sort of logical argument, I hope that this section will form the lexical basis required to allow for the achievement of some semblance of a common understanding. First and foremost, the Human Rights (HR) movement posits that, "all human beings are born free and equal in dignity and rights."ii Because each "human being is sacred, certain things ought to be done for every human being,"iii and thus, they are, by extension, universally and equally applicable to all. "These are moral claims which are inalienable and inherent in all human individuals by virtue of their humanity alone,"iv The obvious implication is that the HR doctrine transcends regional, cultural and state boundaries and unifies humanity by way of these shared values. The HR label will be used to refer to the general principles and protocols expressed in all conventions and covenants pertaining to this area of international agreement, however, the UDHR will be the central document of focus throughout this paper. Cultural Relativism (CR) will be used to refer to the school of thought which claims that, "there can be no essential characteristics of human nature or human rights which exist outside of discourse, history, context...agency [or culture]"v As a result, there are no universal principles that can be applied to all human beings and morality is ultimately derived from a specific culture alone. In very broad terms, CR thought holds that, "one should try to evaluate and understand another culture [or] society on its own terms and relative to its own values and beliefs."vi On a related note, Singapore often defends their ethical and social positions in terms of Asian Values. Dr. Chan Heng Chee, the former Singaporean representative to the UN, at the Asia 2000 Foundation elaborated stating that Asian Values in Singapore emphasize, "the importance of the family, respect for authority, avoidance of conflict, law and order, education, the individual acting in harmony with the group, [and finally] the value of the greater good over the individual."vii Although some of these values will be examined and evaluated on an individual basis, they will, for the most part, be treated as a unitary ethical doctrine. Legitimacy is one of the most difficult terms to define so a rather broad understanding will be employed. Legitimacy will be assessed on the basis of the extent to which the institution or system both embodies the principles and desires of its constituents and acts in accordance with these principles. In other words it can be indirectly measured by the degree of constituent support for the institution or system. As a corollary, authority will be assessed in direct relation to the level of legitimacy of a particular institution or system. I do realize that these definitions are highly controversial and, in their present form, represent a systematic Western-democratic bias. For the sake of clarity their inherent ambiguity required a resolution, however imperfect the one chosen may prove to be. III: Singapore's CR Critique of HR: Singapore's critique of Human Rights applies to almost every article in the original UDHR. Although it is possible to go through the document article-by-article, such an analysis would be both time-consuming and redundant. As a result, three overarching principles will be extracted and examined in that they adequately represent the fundamental arguments Singapore has raised against the universal applicability of HR: universalism, Western bias, and violation of state sovereignty. A: Universalism: According to Singapore and other countries adhering to CR, universalism is the most contentious of HR assumptions. In fact, the fundamental principle of the UDHR is, "the recognition of the inherent dignity and...the equal and inalienable rights of all members of the human family [which serves as] the foundation of freedom, justice and peace in the world."viii This stance was unequivocally reinforced at the World Conference of Human Rights in Vienna in 1993 that reaffirmed that, "all human rights are universal, indivisible...interdependent and interrelated."ix Clearly, the HR movement purports to not only define and categorize human beings, but also places one universal norm above all others, establishing an international ethical hierarchy. For CR, this is both unacceptable and undesirable. Despite a high degree international support expressed at Vienna,x Singapore and other nations still raised the cultural card in opposition to the spirit and principles of the conference. First and foremost, the UDHR was drafted, "at a time when most Third World countries were still under colonial domination. [Those] that later incorporated...the Declaration...did so under western pressure."xi Not only does this indicate that there was a strong and justifiable sense of exclusion from the formulation and development of HR, but also, that it was being forced upon the new nations shortly following decolonisation when they lacked both the strength and experience to resist western political pressure. The absence of most nations from the development of HR as well as the fact that many adopted the principles under duress both preclude the consolidation of a true feeling of universality. In addition, CR points to the extreme ethical and moral diversity in both theory and practice throughout the world. Although this relies on a relatively weak argumentative logic, it does point to the fact that there is a general lack of global consensus, both between individuals and states, when it comes to the moral foundations of HR. In fact, some would go as far as to argue that in order to determine the universality of HR, "all human beings all over the world should agree about the meaning of human rights."xii Whether one adopts this criterion or restricts it to the agreement of state governments representing their people, universalism would be difficult to secure. MacDonald points out that, "cultures vary a great deal in both their values and their modes of life and [thus] there is no limit we can impose, from a theoretical point of view, on the range of such cultural variability."xiii Because uniformity is a consequence of the adoption of HR, it becomes most problematic to those cultures that currently deviate most from what has been established as a universally desirable code of conduct. As a result, the effects of such a dramatic shift in socio-cultural values would be most pronounced in non-Western societies. B: 'Westernism': Singapore has vehemently expressed on several occasions the inherent Western bias in all HR agreements, and, in fact, in the principles themselves. HR, in the cosmopolitan tradition, are agent-centred and are, "asserted as claims by individuals and against the power of the state."xiv This focus on the individual as the fundamental basis of society is a western construction and stands in direct opposition to the Asian Values that favour social harmony and value the whole above the individual. As a result, the very foundation of Asian society - and most non-western collectivist societies for that matter - would have to be fundamentally altered in favour of the western model if HR were to be adopted in their entirety. Jack Donnely points out that, "the protection of individual rights against the demands of society was...not part of traditional non-western thinking."xv Divergent conceptions of central tenets are endemic in this debate and underscore the lack of consensus for the universality of HR. Relativists have also, "charge[d] universalists with cultural imperialism...[and] arrogan[ce] in their belief that their own conception of rights must apply to everyone."xvi The attempt to elevate western ideals to the status of universal ideals is a pretension that has several consequences. It mistakenly conflates the subjective western vision of what is good, with objective and universal truth. Not only is this an erroneous conclusion, but also one that is highly derogatory. It serves no purpose other than the marginalization and denigration of all non-western values, and ironically stands in direct opposition to tolerance, a supposed virtue central in all modern western liberal democracies. By not tolerating the beliefs and values of other peoples, western nations run the risk of not only alienating those societies, but also betraying the very basis upon which HR and liberal rights were established. The next point of contention raised by Singapore and the CR is that nations of the West have achieved a higher level of development. As a result, the same ethics, political systems and importance of rights cannot apply to countries not subject to the same set of circumstances. In fact, the ambassador of Singapore spoke out at Vienna+5 stating that, "only those who have forgotten the pangs of hunger will think of consoling the hungry by telling them that they should be free before they eat."xvii Although the 'food before freedom' argument tends to be put forward by the most repressive regimes to justify their continued authority,xviii the vast developmental disparities between the industrialized world and less-developed countries must be considered when evaluating cross-cultural considerations. In fact it is argued that, "the circumstances vary widely enough among individual societies to require differing conceptions of human rights."xix CR responds to the universalist challenge by arguing that, "all cultures are equal in status...no particular cultural form...can legitimately be regarded as superior to or more favoured than any other."xx The dichotomy between relativism and universalism in this sense is striking, in that the former is now relying upon fundamental equalities for its defence rather than the latter. This can be attributed, once again, to the differential value placed upon the society or culture in question rather than the individuals of which it is composed. C: Violations of State Sovereignty and the Value of Society: The real question that arises in the debate between HR and CR is whether individuals form societies or whether societies form individuals. HR presupposes an invariable human nature whose essence can be determined through reason alone. Wilson points out that, "having established the nature of a human ontology, objectivity can be claimed for value judgements [of any kind]."xxi Unfortunately, there is no proof that can be used to substantiate either this theoretical conception, or the existence of an innate human nature at all. In fact, CR contends that, "existence must precede essence,"xxii and that existence is defined and determined solely by one's culture. Not only does this formulation give extreme moral importance to society in developmental terms, but also directly contradicts the essentialist construction of human nature required for the universality of HR to be a logical possibility. The central feature of the CR doctrine is that it ascribes fundamental moral value to culture. "Because individuals are constituted by the community, the demands of social ethics override - or should override - the imperatives of conscience."xxiii Consequently, the individual and his or her ethical values are a product of, and thus cannot exist prior to, their society. Although there has been a move toward increased global interaction, the lack of a single civil society and common ethical values precludes the establishment of a universal rights regime. As a result, "the specific application of policy is therefore best left to each community to decide for itself."xxiv Despite the fact that a given country may have several cultures within its borders, the CR critique ascribes primary cultural importance to the state and thus relies on the primacy of the principle of state sovereignty in order to thwart foreign cultural imperialism. State supremacy allows for the government to direct the cultures within its territories, but also has a (hopefully) legitimate right to do so based upon the consent of the people residing therein. As Rosas argues, "if nations are both sovereign and equal, it is difficult to see how human beings could be equal, except within each nation-state."xxv Further, it is for this reason that Singapore and other countries argue that HR are an attempt by the West to violate their sovereignty and that allowing the individual to encroach upon the state would preclude rapid development and social progress. Therefore, "the outside world should respect the choices made by individual nation-states."xxvi IV: Cultural Relativism: Too Relative for Its Own Good? Although the CR critique of HR points to many of the problems inherent to purporting universal truth, it too suffers from several fundamental flaws that render its ability to act as an independent and coherent theoretical doctrine at best precarious. These flaws inevitably diminish the strength of Singapore's position on the matter. In addition, there are some characteristics particular to the Singaporean case which further limit the extent to which cultural relativism provides an adequate justification for their blatant opposition to human rights. Although each argument is based upon a set of assumptions concerning the nature of man, I have decided, considering the goal and length of my analysis, to omit their inclusion in this discussion.xxvii A: Fundamental Flaws of CR: The most pressing problem of the CR argument is that it undermines it own truth through contradictory propositions and ultimately, implies ethical nihilism.xxviii To elaborate, because CR postulates that both culture is the ultimate source of ethical truth for its constituents, and that this holds true across all cultures, it is, essentially, proposing a new set of universal standards through which to understand and conceptualize culture, ethics, and politics. Ironically, however, it uses these standards to argue that universal ethical standards cannot and do not exist. As a result the argument is contradictory and hence, self-nullifying. As Wilson explains, "it generates a meta-narrative with totalising claims at the same time as generating a self-undermining critique of the very possibility of meta-narratives and totalising claims."xxix In short, CR uses the very same methodological and argumentative techniques that it criticizes in the HR doctrine. As a result, its independent theoretical worth and logical credibility are lost. The second major flaw of CR centres around the fundamental assumptions used to characterize cultures themselves. Not only are cultures assumed to be homogeneous and unitary, but also they are constructed in such a way that they are singular source of ethical truth for their constituent members. In fact, "for their doctrine to be coherent...relativists seem to hold a nineteenth-century notion of culture as the basis for all difference and similarity between human beings."xxx (italics mine) This blatantly ignores the internal divisions and distinctions within cultures themselves - such as age, social class, gender - that can have profound effects upon the identity, actions and values of the individuals concerned. The proverbial 'generation gap' speaks volumes as to the differential effects of other contributing factors. In addition, the multiple levels of association characteristic of most modern citizens - e.g. family, community, state, religious affiliation, etc. - are entirely ignored and, as a result, are ascribed no moral worth whatsoever despite the primary ethical importance such organizations may play in one's individual life. Finally, the undeniable influence of one's political and economic system on individual life, values and social organization is entirely disregarded. Ironically, the CR school of thought glosses over the differences within cultures in exactly the same manner HR proponents neglected cultural variability. CR suffers from another contradiction, this time not in theory, but in practice. There is often the mistake made of conflating the concept of culture with that of the nation-state in the case of specific state governments. In fact, they are often treated as one and the same. Although communitarian thinkers would agree, arguing that, "shared values exist within cultures, which are roughly coterminous with nation-states",xxxi it seems problematic when one considers both multinational and multicultural states as well as the important influence of sub-national and trans-national affiliations. In addition, this allows for the possibility that the state be solely responsible for the direction of ethical value in the particular society. Although this seems logical when one considers the state as the expression of the free will of the people, logic is at best questionable when one considers repressive and inegalitarian regimes. In fact, "an undeniable truth is that many governments around the world continue to carry out abominable acts against 'their' populations, and relativism is the most useful available ideology which facilitates international acquiescence in state repression."xxxii As a result, the CR model relies on an overly simplified conception of culture and modern society and can result in the conservation of repressive political regimes. Finally, CR has systematically neglected the empirical evidence that indicates that universal HR have become increasingly valued by most non-western societies. Not only did 171 of the 192 countries in the world participate in the World Conference in Vienna in 1993, but also the grand majority, accepted the major provisions of the agreement and agreed to work to reinforce the HR regime.xxxiii In addition, there have been many sub-national groups, especially indigenous people, which have also used the universal provisions - which are, culturally speaking, 'foreign' to them - to "engage in...negotiations with their governments over their constitutional claims for linguistic and territorial rights and political sovereignty."xxxiv This is especially important when one considers the manner in which the majority of these peoples were politically, economically, and socially marginalized by the colonial administrations for centuries. These factual anecdotes not only indicate the possibility to use HR to retain and develop one's culture, but also that HR and culture are by no means, necessarily antagonistic. B: Singapore's Particularity: NB - This section marks where I completely changed my thesis and focus the other day, so I apologize if the writing style is the best, I haven't had too much of a chance to refine it yet. The following sections are also lacking their endnote marks, again, because I haven't had a chance to insert them, but they are here on my desk on paper and will be added soon. I do hope that you get the general idea of what I'm trying to get across despite this Although CR has several fundamental flaws and oversights when it comes to its argumentative strength, when applied to Singapore's situation, its validity all but disintegrates. The first and most pressing problem is the issue of development. Singapore ranks 24th in the world in the UN's Human development Report 2000xxxv, yet it still argues that its people need food before rights. One of the most economically and socially prosperous countries in the world using the same argument as the poorest of nations - in which literally thousands of people starve to death on a yearly basis - is both illogical and disconcerting. In fact, it does nothing more than belittle the plight of poverty. Although it has been argued that Singapore can serve as an example of the potential economic success of such a stance, there has been no evidence gathered to substantiate any relationship between political repression and economic development, let alone proof of a causal link. On the surface, it may seem as though, as the government would suggest, that Singapore is a country that represents a single cultural unit. Nothing could be further from the truth. Aside from the diverse ethic make-up of the country - composed of people of Chinese, Malay, Indian, and European descentxxxvi - Singapore is both linguistically and religiously diverse. Clearly, there is no real evidence that supports the contention that the state is coterminous with a single or dominant culture. Interestingly, however, the PAP dominated government, which has been in power since 1959, has attempted to create a uniform and homogeneous culture from the top-down by launching a series of cultural campaigns geared to assimilate the people of Singapore into a uniform, government-sanctioned model. Although most states do tend to support the creation of a national identity in the civic sense, the PAP government has attempted, on several occasions to go beyond the political in an attempt to institute a new socio-political culture through government mandate. The two central initiatives were the "Speak Mandarin Campaign" and the establishment of the Institute of East Asian Philosophies, both of which attempted to instil Confucian values imported from the North into an ethnically diverse cosmopolis. Ironically, the government's desired national identity was far from representative of any of the major cultural groups historically linked to the area (only 1% spoke Mandarin at home and less were religiously adherents of Confucianism) Although both initiatives ended in failure, the flagrant attempts of the government to both dictate and define culture through a systematic program of assimilation is astounding. This policy stance not only raises questions as to the extent to which the government of Singapore actually represents the values of the state's constituent cultures, but also, the very legitimacy of the government's authority. Obviously, the Singaporean administration is engaging in a subversive, yet highly systematic attempt at cultural discrimination within its own borders. This is in complete violation of any of the caveats proclaimed in public that call for intercultural respect from the nations of the west. As a result, the moral and practical force of the CR critique is entirely lost. The distinction drawn by the actions of the Singaporean government between cultures that can be defended using the relativist argument and those that cannot is arbitrary and unjustifiable, both from a CR and HR point of view. In order to assess the potential reasons behind such blatant inconsistencies, one must examine the nature of Singapore's political system. Although, constitutionally speaking, Singapore is a democratic country there are several constraints on the traditional mechanisms of the democratic model that decisively act in favour of the government's maintenance of the status quo. First, despite the use of regular elections and the legal permissibility of opposing political parties, as Lawson points out, these alternative parties are systematically excluded and marginalized by way of several government measures, including a lack of government funding, only 9 days to prepare for an election, the imprisonment of potential political 'dissidents' without a trial, and several government sponsored 'defamation of character civil suits' geared toward depleting the financial resources of potential political adversaries. Although it would invalidate the constitution and discredit the government's authority if it were to make political opposition illegal, through the abovementioned measures, the government has weakened political opposition to the point of being virtually entirely ineffective. Although this argument does use very western notions of legitimacy and democracy, if the Singaporean government maintains that it legitimately represents the free will of its people in both principle and spirit, it must subscribe fully to the democratic institutions that can adequately substantiate such a claim. This is not to say that the citizens of Singapore do not have the democratic right to elect PAP, nor that they cannot allow for an authoritarian government to rule, quite to the contrary, however, they should be free to decide both the type of political system used in their country as well as the policies and mandates it is to enact. The purpose of this section is by no means to argue for or against the relative strengths of democracy in Singapore, but rather to underscore and illustrate the effects the socio-political system have on policy. To elaborate, I hope to have pointed out that Singapore's political system, despite its democratic label, discriminates both against the cultures as well as potential political opposition within its borders. Consequently, it may be possible that the government lacks the legitimacy necessary to speak for the people of Singapore in terms of cultural and ethical objectivity. Therefore, it may be that the true principles of the people of Singapore are divergent from those expressed and enacted by the PAP government. If this is the case, then the true reason for the use of CR in Singapore is not for the protection of the Asian cultural heritage or its correlate values, but more so represents a pragmatic political move on the part of the PAP - a measure to maintain and enhance their own power rather than that of their people. V: Where do We Go From Here? As I have illustrated, the CR critique successfully points to several of the limitations and oversights of the current HR regime, most notably, its fundamental western socio-cultural bias. However, despite the importance of these substantive issues, the argument itself is also subject to some of the same major flaws revealed in the universalist paradigm. Especially when one applies the CR logic to Singaporean circumstances, the argument becomes less and less convincing, eventually leading to the question of whether culture plays as important role as the PAP government would have you believe. Despite the theoretical shortcomings of both approaches, I think it would be both counter-productive and undesirable to simply disregard the potential benefit of each. However, the central problem of this entire debate remains: Which one is right? It is not my goal nor, in my opinion, within my capacity to argue categorically one way or another. In fact, I would go so far as to argue that neither one can or will ever be proven beyond a shadow of a doubt. Therefore I propose the continuation of the discourse between the two schools in order to come closer to common conception of rights, one based upon consent and shared, or at least mutually respected, values. A: Third Generation Human Rights: This challenge to both the relativist and universalist school is formidable, and has been in the works essentially since 1978, when so-called third generation human rights were first defined by Dr Vasak at the International Human Rights Institute in Strasbourg as, "those born of the obvious brotherhood of men and of their indispensable solidarity; rights which would unite men in a finite world."xxxvii Third generation HR, most ardently advocated by the governments and peoples of the non-western world, encompassed collective rights to development, to peace, to communication, to difference, to national self-determination, and to a clean environment. What differentiates this new class of rights most from both first and second generation HR is that, "they can only be realized through the concerted effort of all the actors on the social scene."xxxviii Thus, it no longer is simply a strategic interplay between the state and the individual, but rather a multilevel game of overlapping associations that operate in harmony to achieve a higher and common purpose. Although one could argue that respect for aggregate individual rights could equally ensure adherence to the proposed third generation collective rights proposals, VanderWal points out that the rights must be understood as being, "of a non-reducible collective nature...that is, they cannot be analyzed adequately and without loss of meaning in terms of individual rights."xxxix Because, as Singapore and other non-western states have argued, individuals cannot be fully understood in the absence of their social context, individual rights, without any reference to the correlate social group within which all individuals operate would be both futile and ineffective. Consequently, codification of these rights would require the extension of a separate branch of the HR doctrine, on equal level with the political and social values currently enshrined in the UDHR. Evidently, third generation human rights speak to many of the holes left in the original human rights regime that I identified in section II of this paper. First, it would serve to underscore and potentially reify the notion of culture in international law and, as a result, include the basic social values characteristic of most non-western cultures in an area from which they have historically been excluded. Although some collective rights are currently recognized in international law - most notably state sovereignty - reference to sub-national, national, and super-national groups would underscore their importance and influence in both western and non-western cultures and further, subject them to the same duties required of states in relations to individuals. This last effect, although not often associated to third generation human rights, would, for the most part, preclude many of the 'cultural tyranny' scenarios raised by opponents of such an extension of the human rights literature. There would, consequently, be less of a western bias in the human rights regime, and thus, would afford HR a more legitimate basis upon which the general HR mandate could both be developed and expanded. As a result, further protection could ensue for nations and minorities, historically subject to the many forms of cultural imperialism and discrimination. Although third generation human rights may not offer a resolution per se to the antagonism between universalists and relativists, the successful incorporation of collective rights into the regime may at the very least, strike a compromise between the two schools of thought and lead to a more general sense of solidarity and cooperation on the part of the people of the world, both western and non-western alike. B: Problems: Despite the potential benefits of the fusion of collective and individual rights, there are several problems that would face the spirit of such a move, as well as its feasibility. The most fundamental problem concerns, once again, terms and definitions. If collective rights are to be given to cultural agents, there must be a way in which these groups can be defined, identified, and differentiated. The vagueness and subjectivity of terms such as nation, culture, union, and group would inevitably lead to debate, disagreement, and potential deadlock in terms of both the effective implementation and institution of third generation HR. The issue is that, "they lack a precise object and their realization is dependent upon prevailing...circumstances."xl In fact, the more pressing problem involves not so much what the definitions of these agents may be, but who has the final authority to make these decisions. In the absence of a common central authority, such a question is extremely difficult to answer. This brings me to the second major obstacle: enforcement. Aside from the obvious ineffective and arguably illegitimate enforceability of all human rights - mainly due to the inviolable principle of state sovereignty - it becomes more problematic when one considers the ability to enforce the right to development, to world peace, and to a clean environment. Although I think everyone would undeniably agree that these are values in and of themselves, I find it highly unrealistic to expect that the current state of global society would be able to effectively enforce a new category of human rights, especially when one considers that those drafted over 50 years ago are still highly ineffective in any real capacity. This too can be attributed to the lack of a central enforcement institution that can legitimately ensure compliance with the provisions of the UDHR and the later Additional Protocols, namely those pertaining to collective rights. In examining these problems, the first major question that popped into my head was, why not establish a central authority. The reason: state sovereignty. This 350 year-old principle is the fundamental collective right and represents the biggest obstacle to the institution of an empowered and legitimate central authority capable of enforcing the principles of this hybridized human rights regime. Although the abovementioned proposal outlines the possibility of developing a triad of reciprocal rights and duties between states, individuals, and collectives, there will inevitably be conflicts and antagonisms between them, raising the question as to which one will inevitably take precedence. If one takes established practise in international affairs as a cue, the answer is obviously state sovereignty. As a result, an established hierarchy of the three key actors would be established in such a conceptualization, thus precluding any possible level of real equality between the three actors. Therefore, there would inevitably be the possibility that the state could play its trump card vis-ŕ-vis the individual and the nation, negating the very purpose of the rights regime itself. C: In the Meantime... NB - This section actually says allot of what I want to say in the conclusion so when I write the conclusion, I may decide to just merge the two... Although the institution of third generation human rights may help to alleviate many of the concerns of cultural relativists and non-western nations vis-ŕ-vis the HR regime, due to the abovementioned problems, it is unlikely that such a drastic reformulation of the status quo will come about any time soon. Some progress has already been made in this area, including reference to collective rights in the 1993 Human Rights World Conference, most important of which was the inclusion of the stipulation, "While the significance of national and regional particularities and various historical, cultural, and religious backgrounds must be borne in mind..."xli However the formulation of the sentence itself is indicative of the fact that collective and cultural considerations still take the proverbial back-seat to already established human rights protocols. As a result, there is a strong need for the discourse between collective and individual rights to continue, so that, at the very least, the nations and people of the world may come to a consensual decision as to the best form the regime can take, given the prevailing values at the time. It should be noted that HR are the product of a long evolutionary history, closely linked to the historical circumstances surrounding the Second World War. It may, as a result, be preferable not to oppose the further evolution of the regime in order to better represent the true plurality of the current international arena, rather than appealing to an invariable and a-temporal set of 'universal' principles developed in 1948. If the HR regime cannot adapt to the changing circumstances of a changing world, nor meet the needs and approval of those whom they were made to serve, namely humans, then perhaps it needs to be completely re-conceptualized. NB - This section, if I keep it independent of the conclusion, is not finished. In the 50year reappraisal of HR book put out by the UN in 1998, there are a few more proposals for immediate action that I would, at the very least, like to mention. VI: Conclusion: The conclusion still needs to be written, but I require for the rest to be finished before I can tie it all together. I will write down, however, the central arguments I hope to have defended throughout the paper a) For the Relativist/Universalist Debate: -to affirm the problems in the current HR protocols that neglect both culture, collective rights and non-western values -I want the back-and-forth to illustrate the current lack of consensus in the HR regime as is as well as show the problems ass'd with each -to argue that the regime can potentially 'correct' the abovementioned problems and address collective rights through the inclusion of 3rd generation HR -due to the very nature of 3rd gen. it would also ensure legitimacy because it requires the collective participation of all BUT again with this there are problems too - especially its idealism (very similar to some of the protocols ass'd with the League of Nations system) -basically, central suggestion for the future would be the continuation of the discourse between the groups and find a legitimate and workable consensus, as a result, hopefully we may be able to reinforce the regime, its provisions as well as set up something to do with enforcement b) For Singapore -main point is to show how their particular use of the CR position is problematic and in many ways doesn't make much sense HOWEVER their position as a leader defending collective rights is welcomed and needed THUS they should continue in this capacity, but perhaps limit their arguments to their 'national' culture as opposed to appealing to a larger whole -->main point: as a result, they could tie this into the established collective right of state sovereignty and it would strengthen their position BUT I want the caution to come out of this concerning the legitimacy of the Singaporean state and illustrate that it may be for the preservation of the state rather than the people that this is being pursued BUT it is good that they are being open about their opposition rather than subscribing to the regimes principles in theory, but disobeying them in practise (e.g. USA and death penalty, Canada/Australia/NZ - indigenous peoples (is improving now but was horrible and inhumane for a LONG time)) i The United Nations Development Report 2000 ranked Singapore the 24th best country in the world in which to live according to the Human Development Index - a series of factors such as per capita income, life expectancy, birth rate, literacy, etc. Although this is by no means an objective measure of a country's development, it does show that relatively speaking, Singapore is in the top 15% of countries of the world in terms of quality of life based again, on the aforementioned factors. UNDR p.149 & 157. ii Mayor UDHR p. 12 iii Perry Are HR universal p. 461 iv Levin HR p. 15 v Wilson p. 5 vi Ethnocentrism Vs Relativism (internet) pg 1 vii Wilkinson, ed. P. 57 viii UDHR Mayor p. 11 ix Nowak p. 170 x Vienna+5 was supported by 171 out of 192 countries in the world. () xi Baehr p. 10 xii Ibid p. 11 xiii Mac Donald p. 131 xiv Mendus p. 12 xv Baehr p. 12 xvi Christie p. 206 xvii Statement on 16 June 1993 Vienna +5 () p. 143 note 22 xviii Baehr p. 15-16 xix Christie p. 206 xx Mac Donald p. 131 xxi Wilsonp. 4 xxii JP Sartre p. 26 xxiii Brown p. 62 (see CC paper) xxiv Chritie p. 206 xxv Rosas p. 64 xxvi Christie p. 206 xxvii It should be noted that I will not discuss the relative merit, or lack thereof, of the arguments concerning human nature which both HR and CR theorists alike have postulated. Unfortunately, this debate, although fascinating, is beyond both the scope of this paper and any measure of knowledge I currently (or ever will) have. If you would like further information on this particular topic or would like to read further, please consult one of the many book and articles published on the subject. xxviii See Gellner in Hollis & Lukes (see p. 26) xxix Wilson p. 8 xxx Wilson p. 9 xxxi see Patomaki From Normative Utopias to Political Dialectics p. 56 xxxii Wilson p. 9 xxxiii see Boyle xxxiv Wilson p. 9 xxxv Human Development Report p. 149 xxxvi World Book p. 651 xxxvii UNESCO p. 77 xxxviii UNESCO p. 77 xxxix UNESCO p. 88 xl UNESCO p. 79 xli Vienn +5 p. 170 --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ f:\12000 essays\law & government (233)\in cold blood 2.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ In Cold Blood: Death Penalty Capital Punishment has been part of the criminal justice system since the earliest of times. The Babylonian Hammurabi Code(ca. 1700 B.C.) decreed death for crimes as minor as the fraudulent sale of beer(Flanders 3). Egyptians could be put to death for disclosing the location of sacred burial sites(Flanders 3). However, in recent times opponents have shown the death penalty to be racist, barbaric, and in violation with the United States Constitution as "...cruel and unusual punishment." In this country,although laws governing the application of the death penalty have undergone many changes since biblical times, the punishment endures , and controversy has never been greater. A prisoner's death wish cannot grant a right not otherwise possessed. Abolitionists maintain that the state has no right to kill anyone; . The right to reject life imprisonment and choose death should be respected, but it changes nothing for those who oppose the death at the hands of the state. The death penalty is irrational- a fact that should carry considerable weight with rationalists. As Albert Camus pointed out, " Capital punishment....has always been a religious punishment and is reconcilable with humanism." In other words, society has long since left behind the archaic and barbous" customs" from the cruel "eye for an eye" anti-human caves of religion- another factor that should raise immediate misgivings for freethinkers. State killings are morally bankrupt. Why do governments kill people to show other people that killing people is wrong? Humanity becomes associated with murderers when it replicate their deeds. Would society allow rape as the penalty for rape or the burning of arsonists' homes as the penalty for arson? The state should never have the power to murder its subjects. To give the state this power eliminates the individual's most effective shield against tyranny of the majority and is inconsistent with democratic principles. Family and friends of murder victims are further victimized by state killings. Quite a few leaders in the abolishment movement became involved specially because someone they loved was murdered. Family of victims repeatedly stated they wanted the murderer to die. One of the main reasons- in addition to justice- was they wanted all the publicity to be over. Yet. if it wasn't for the sensationalism surrounding an execution, the media exposure would not have occurred in the first place. Murderers would be quietly and safely put away for life with absolutely no possibility for parole. The death penalty violates constitutional prohibitions against cruel and unusual punishment. The grotesque killing of Robert Harris by the state of California on April 21,1992, and similar reports of witnesses to hangings and lethal injections should leave So 3 doubt that the dying process can be- and often is -grossly inhumane, regardless of method(Flanders 16). The death penalty is often used for political gain. During his presidential gain, President Clinton rushed home for the Arkansas execution of Rickey Ray Rector, a mentally retarded, indigent black man. Clinton couldn't take the chance of being seen by voters as " soft on crime." Political Analysts believe that when the death penalty becomes an issue in a campaign, the candidate favoring capital punishment almost inevitably will benefit. Capital punishment discriminates against the poor. Although murderers come from all classes, those on death row are almost without exception poor and were living in poverty at the they were arrested. The majority of death-row inmates were or are represented by court-appointed public defenders- and the state is not obligated to provide an attorney at all for appeals beyond the state level. The application of capital punishment is racist. About 40 percent of death-row inmates are black, whereas only 8 percent of the population as a whole are black(Flanders 25). In cases with white victims, black defendants were four to six times more likely to receive death sentences than white defendants who had similar criminal histories. Studies show that the chance for a death sentence is up to five to ten times greater in cases with white victims than black victims(Flanders 25). In the criminal justice system, the life of a white person is worth more than the life of a black person. The mentally retarded are victimized by the death penalty. Since 1989, when the Supreme Court upheld killing of the mentally retarded, at least four such executions have occurred. According to the Southern Center for Human Rights, at least 10 percent of death row inmates in the United States are mentally retarded(Long 79). Juveniles are subject to the death penalty. Since state execution of juveniles also became permissible in the decision cited above, at least five people who were juveniles when their crimes were committed have executed(Long 79). Innocent people can-and have been- executed. With the death penalty errors are irreversible. According to a 1987 study, 23 people who were innocent of the crimes for which they were convicted were executed between 1900 and 1985(Long 79). Until human judgement becomes infallible, this problem alone is reason enough to abolish the death penalty at the hands of the state more dedicated to vengeance than to truth and justice. Executions do not save money. There are those who cry that we, the taxpayers, shouldn't have to "support" condemned people for an entire lifetime in prison- that we should simply " eliminate" them and save ourselves time and money. The truth is that the cost of state killing is up to three times the cost of lifetime imprisonment(Long 80). Judges and others are reluctant- as they should be- to shorten the execution process for fear that hasty procedures will lead to the executions of more innocent people. The death penalty has been imposed most for murders committed during the course of another felony. Aggravating circumstances for murder are defined in the applicable death penalty statute. Circumstances considered for murder include: -The crime was particularly vile, atrocious, or cruel. -There were multiple victims. -The crime occurred during the commission of another felony. -The victim was a police or correctional officer in the line of duty. -The offender was previously convicted of a capital offense or violent crime. -The offender directed an accomplice to commit the murder or committed the murder at the direction of another person. (Flanders 12) In the novel, In Cold Blood by Truman Capote, the main characters Dick and Perry were guilty of several of the circumstances that eventually led to their demise: -The multiple victims included all four of the Clutter family. -The event occurred during an attempted robbery. -Both were former inmates and had previous dealings with the law. -Dick had chosen Perry for his instinct as a "Natural Born Killer". Further,it seems that both Dick and Perry fell almost directly under the common background of one convicted of death. The death penalty is flawed in many facets. Juries in rural counties are more likely to impose the death penalty than those in urban areas. Dick and Perry were convicted in Garden City, a small to moderate sized town. Both Dick and Perry were unemployed, poor, white criminals whose actions wrecked havoc not only on the remaining Clutter family and relatives, but on the entire town of Holcomb and surrounding areas. This only justifies and reinforces the points stated above that capital punishment is biased, racist, and is harmful not only to the offenders themselves, but to the entire community. Opposition to the death penalty finally acheived its goal when in 1972 the Supreme Court struck down death penalty laws, finding fault not with the theory, but with the method. However, all was lost when four years later, the decision was once more revised and ruled the death penalty once more legal. Death row will continue to expand. It is almost certain that the rising level of executions will be widely condemned. The future of capital punishment may finally come down to the question of expense. A single capital trial now costs millions of dollars. The enormous volume of continuing appeals strain both federal and state court systems. Unless workable solutions are found to the practical difficulties involved in the administration of the death penalty. American society eventually may decide to significantly restrict or even abandon capital punishment. So 7 Works Cited Flanders, Stephen A. Capital Punishment. New York, NY: Facts on File, 1991. Long, Robert Emmet. Criminal Sentencing. New York, NY: H.W. Company, 1995. f:\12000 essays\law & government (233)\In Cold Blood.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ In Cold Blood Truman Capote Book Information: Author : Capote, Truman Title : In Cold Blood Publisher : Random House Original Publication Date : 1965 Book Outline: In a small town in Kansas a family of four were murdered for no apparent reason. The murderers ran for a few years and finally they were caught, tried, and accused for murder. In 1965 they were hung for the crime. In the story a family was killed for no reason. This well respected farming family had no enemies, and no quarrels. Although they were wealthy, Mr. Clutter never kept cash in the house. The whole region and eventually the country was shocked by the randomness and brutality of the act, in much the same way it was by the 1995 Oklahoma City bombing. The two men in which didn't even know the Clutter family went into their house and shot all four of them. There were two main characters. Dick is the first one that I will talk about. Dick was 33 years old and he did not have the best character. Dick was one who helped participate in the killing of the Clutter family. I didn't like him from the very beginning. He struck me as the type that is your friend one minute and enemy the next. Perry is the other charecter that I will talk about. Perry wasn't as bad as Dick but yet he still struck me as having a bad character for what he did to the family. It took me awhile to get a good impression of Perry. Perry was a really nice guy and I think that he just got mixed in with the wrong crowd. At the beginning, when they first started to kill all of the family members, they had them tied up and Perry didn't want to kill the family but he thought that if he acted like he was gonna kill Mr. Clutter then Dick would stop him. Then they would let them all go but when Dick didn't stop him Perry became a mad man and went ahead and killed the whole family. Later at the gallows Perry started to have second thoughts a little to late so he tried to starve himself but didn't succeed. He was finally hung, during the hanging period he apologized to everyone for what he did. "This is it, this is it, this had to be it, there's the school, there's the garage, now we turn south." To Perry, it seemed as though Dick was muttering jubilant mumbo-jumbo. They left the highway, sped through a deserted Holcomb, and crossed the Santa Fe tracks. "The bank, that must be the bank, no we turn west-see the trees? This is it, this has to be it." The headlights disclosed a lane of Chinese elms; bundles of wind-blown thistle scurried across it. Dick doused the headlights, slowed down, and stopped until his eyes were adjusted to the moon-illuminated night. Presently, the car crept forward. This passage was chosen because it was what Dick and Perry were saying right before they went to the Clutter house and killed the family. I feel that this quote is an important one. To me I feel that it suggest's that the accused were out to commit a robbery, and had no original intent to kill the Clutters. Due to Mr. Clutter not keeping any money in the home, the criminals were unable to locate any money to steal. The criminals then proceeded to kill the family of four. I feel that the murderers used the Clutters as a way of removing their anger from not being able to locate the money they were looking for. The book follows the story to the trial and execution of the killers, and spares few details throughout. The outcome of the trial was guilty and the punishment was death by hanging the accused. One of the main points I saw by reading this book was the way the country / region viewed itself after the murder occured. Many were shocked by the murder. I feel that if the murder had of occured in todays society people would not have been as shocked as they were then. When the story was based, not as many murders existed, and this crime was just a total outrage to the normal society. Why is the book on the Law reading list? Legal aspects of the book: I feel this book is on the law reading list because it provides the story that is based on law characteristics. In the story criminal law is presented. While reading the book I noticed many crimes, that were later resolved in a court of law. The book presented the arrest, trial and eventual conviction/execution of the accused. This provides an excellect law guideline showing how justice was served. The legal aspects of the book include the arrest of the accused, the trial that the killers had to under go, and the decision for execution of the accused. My Opinion On The Book From reading this book I learned that even though you think that you can trust someone you really can't. It made me realize that not all people are good natured. It also made me realize that your mind can be changed by your friends. I felt this book was well written, and provided a good story line. It included a good combination of crime, which eventually lead to law and order. I enjoyed reading the book, and would recommend it to others taking the law program. f:\12000 essays\law & government (233)\Insanity Plea.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Insanity Plea is a book about the Uses & Abuses of the Insanity Defense in various cases. The book is by William J. Winslade and Judith Wilson Ross. In this report, I will basically summarize the book and tell you different ways people have used and abused the Criminal Justice System using The Insanity Plea. I will first talk about the case of Dan White. On November 18, 1978, Preliminary reports began broadcasting news of the events in a town called Jonestown, at first all that was known, was that people of a religious cult shot and may have even killed California Congressman Leo Ryan. Then on November 27, 9 days after the news of the death of Congressman Ryan another 2 deaths happened. George Moscone, the mayor of San Francisco, and Harvey Milk, a city supervisor and the leader of San Francisco's politically active gay community, had been shot and killed at death in the San Francisco City Hall. The Police then sniffed-out and charged Dan White with the murders of the 3 people. In 2 years the trial ended with the verdict of guilty on the account of manslaughter. He was later sentenced to 7 years and 8 months in a Prison, with a possibility of parole after 5. After the verdict there were Riots breaking out in the streets because of the verdict. Before hand he was elected a Supervisor and resigned because he didn't like the way that Politics worked. The point before, that I may not have mentioned, is that the defense argued that he was insane and that "a person with a normal background who was brought up in a good home, something is obviously missing." Since he was being charged on 3 accounts of Murder in the 1st, they somewhat bought the insane defense so they lowered his charges to 1 account of voluntary manslaughter, where he received 7 years and 8 months with a possibility of parole after 5 years. In the summer of 1978, Lyman Bostock seemed to have it made very good. He was one of the 3 highest paid players EVER in the American League and he was highly regarded by fans and sportscasters alike. Then one errie, summer night at 10:30 Lyman Bostock was gunned down at Fifth and Jackson in downtown Gary, Illinois while he was riding in the back seat of his uncle's Buick with a twelve gauge hot gun, that was fired by a Mr Leonard Smith. Leonard Smith was a 33 year old, unemployed Truck Driver, who lived in Illinois. He had never met or seen Lyman Bostock, but if you think about it, if he actually sat down to think about it, a pro baseball player would obviously be very high. Leonard had dreamed about getting it as good as Lyman, he dreamt about a wife, a kid, a dog, a nice house with a fence around it, and job security, but his attempts always failed because of things like his wife, his employers, racial prejudice and life itself. Although it was not lucky at all for Lyman to be on Fifth avenue and having his skull blasted away with a gun, it because extremely more lucky for Bostock because in 21 months after the shooting, he walked out of jail after receiving 4 months of physiciatric treatment and three months of evaluation. He was found not guilty of all charges due to the plea of Insanity. To get that verdict he had to go through 2 trials. In the first trial, that lasted 3 days, it ended in a hung jury. Dr. Frank Hoggle and Dr. Lee Michael testified in the 1st trial. Dr Hoggle saw him on and off for about 3 months. Dr Perioclat only saw him twice nd each of those times they were very brief. Both had testified, that he was both legally sane. Dr Hogle was a little doubtful about his legally sane verdict but the other one was very certain of it. In the second trial that was held, they eventually got to the not guilty verdict due to insanity and some time in a crazy phicility(is that a scientific term?). The last case that I will tell you about in this report is the case of Robert Torsney. Robert Torsney was a New York City Cop who always carried around his gun. The killing occurred in daylight while he was sober, working, alert, and paying attention to details. Torsney had a stable job, was happily married and was in good physical health. On the night of Thanksgiving, Torsney fired his gun at 15 year old, Randy Evan's from a distance of about 20 inches, penetrating his skull then penetrated his brain and he died. He left the kid laying there, dying on the street as he casually walked back to the car with the 2 other officers that were in the car. Needless to say, they arrested him and he was then brought to court on the charges of 1st degree murder where he was found not guilty due to the plea of Insanity. On Thanksgiving Day, 1976, Torsney had to work and was unhappy about it. At thirty- four he had been on the force for about 8 years and he was sick and tired of the conditions he had to work through. He would rather be at home with his wife and kids at Thanksgiving, just like the average person in America was doing. He made a note of the crappiness that he felt at the top of his log book that read "Happy Working Felony Thanksgiving." The police officer received a call from a residence of a neighbor hood that a person with a gun was lurking around. Officers Robert Faity, Matt Williams and Torsney were dispatched to the Cyprus Houses. He searched the house and found nothing. He undid the leather to allow easy access to his gun as he came out of the building. A group of black teenagers, including Randy approached the building and shouted out to Torsney and asked if his apartment had been searched. Torsney immediately pulled his gun and shot him in the head. Torsney was found with 5 years in a Loony Bin with help from other people. The book itself only gave the plain hard facts on the case and the author did not say anything about his oppinion on any case so I will expand my oppinion. I think that the Insanity Plea is often mis- used, ordianary people just like you and me get of with only 4 years in a mental home for killing people. Also the people who actually ARE insane sometimes get ruled down and are put in jail, where they commit even more crimes. So as you can see, sometimes the Insanity plea was put to good use and some bad, well I guess that is just an opinion. There were more cases left in the book but those were the most important ones in the book, if I took the time to do all of them, This report would be 20 pages long. I thank you for reading it, adios. f:\12000 essays\law & government (233)\international human rights movie.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Sara Lynch International Human Rights February 7, 2004 Movie Reviews The first video that we viewed was titled "Mein Kampf" which translates to "my philosophy." This is a movie about the life of Adolph Hitler. He was born on April 20, 1889. He wanted to be an artist and go against his father's wishes. At 16 years old, he got tuberculosis and left school to become a part time laborer. He paints his own post cards. He starts anti-Semitist against blond haired people. He wants to become the master race. He believes that the Jews are the devils and he uses the swastika as his symbol. He decides to become a politician and writes and autobiography titled Mien Kampf. His book is not read by a lot of people and they seem to joke about it. Hitler and his men become the strongest party in Berlin. In 1932, he becomes a German citizen and soon becomes chancellor. Hitler was the head of the National Socialist Party. He gains power and prohibits all other parties. If people choose to stand in his way they are outlawed. The youth is educated in a daily Nazi routine. There are concentration camps for those who do not go along with his wishes. Jews must wear the Star of David on their arm. There are certain cars that are only for Jews. There were 13 people to a room, which were no better than prison cells. They get 200 calories a day, have to wear wet clothes and are treated like rats. They await death as a savior and the dead lie in the street. While watching this video, I was more educated than ever about Hitler and his people. I knew of concentration camps and so forth but I didn't know the actual conditions that really took place. It must have been a terrible life to live with no way to get out of it. I feel truly sorry for anyone who had to go through that type of torture. The second video was titled Ameena. This movie was in 1992 about a girl named Ameena Baker who was 13 years old. Where Ameena comes from the girls have a reputation of being good looking. Then some are sold off by their poor parents. Ameena was placed on a plane wearing brides clothing and was going to be married off to an old man for money. Her parents told her that if she came back home they would kill her and then commit suicide. The Arabs get 200 dollars to marry a girl. They want a young, pretty virgin. It takes only 4 hours to settle agreement and marry that same night. Amrita was a woman on the plane. She got passengers to sign a petition to stop what was going on. When they arrived in Delhi, the Saudi man in his 60's was arrested for marrying a minor. We later found out that he already had 4 wives. Until Amrita attempted to do something about the situation nothing had ever been done. Ameena's parents were charged with selling their daughter. The Arab man could marry someone as young as 9, as long as she reached puberty. Ameena was put behind bars with prostitutes and also troubled children. The court wouldn't let Amrita who was Hindu adopt a Muslim child and they wouldn't send her home. She was sent to 3 years in a juvenile home. A higher court overruled it and let her go home which was a harsher sentence. She decided to go back with the Saudi man. In this case the victim became the criminal. When I saw this video I was outraged. I couldn't believe that it was that easy for an old man to marry a child. I recommend Amrita for stepping and trying to do something for that young girl to help her. I also think that it is ridiculous that just because Amrita was not the same religion as Ameena that she could not adopt her. That should not happen. The third video that I watched was called Spartacus. This was point blank about the life of Spartacus. He finds out he is going to have a child and he is overwhelmed with joy. Is goal is to free the slaves in Italy. Spartacus and his army must fight Rome itself instead of fleeing because they already fought along the way by sea to their homes. In the end there was a battle and Spartacus was victorious. I was not very interested in this movie as I was for most of the others. It could be because we didn't watch it from the very beginning so it was hard to follow along with. I thought the battle scenes were very realistic and I enjoyed them. Video number four was titled Tobacco Slaves. This was a video about things called Bidi's that you smoke and they taste like candy. It is the fad for the children of 2000. It is made up of tobacco rolled in a leave. Young girls, even as young as 5 years old, roll 500 per day. Some parents sell their kids into slavery. In 1976, India had a law that banned servitude but even today it still occurs mainly with children. Children can be purchased for as low as 25 dollars. Girls work 10 hours a day, 6 days a week. When the United States comes to India to bust them for the illegal act, it is law to tell them they are coming, which gives them enough time to cover it up. The National Justice Mission freed more than 200 children in the past year. For some kids if you are late on the job you get beat up. One boy got burnt on his thigh with the knife that they use to cut the leaves. Recently the United States banned the sale of Bidi's. This video was interesting because when I was a senior in high school which was the year 2000 these Bidi's were very popular among my peers. I think it is great that we have banned the sale of these but that doesn't mean that other countries have. This concludes that these children are still put under these harsh conditions to produce. Video number 5 was called The Bible and the Gun. This was a short movie about Cecil Rhodes. These people were chained together at the feet and hung at the nearest tree. In 1902, at his death, his body laid and was carried through the streets. The coffin was carried during the night for burial. He was buried at "Rhodes View". He lies in the heart of the country that he conquered. He's the empire builder and millionaire. I found it amazing how they carried his body over night for the funeral that would take place the following day. They named his burial place "Rhodes View" after him. That is significant because you see that a lot in our world today. If someone important dies we may sometimes name something after them like a park or a street. The sixth video watched was titled The Magnificent African Cake. This video took place on the west coast of Africa. One magnificent case was the Gambia river, which the French were eager to gain from Britain. The river was 300 miles long and 30 miles wide. In 1895, the king made a strong plea for peace. It wasn't enough because they wanted land and privilege. In 1896, they surrendered and the Kings went to exile. In 1906, the British minister said, " we can't go on killing these defenseless people". His name was Winston Churchill. In the 1920's gold mining boomed. Twenty people died each week for thirty years. Discipline was brutal and health care was non-existent. After 1930, the labor system had you working on plantations. This is called migrate labor. This was interesting to see how people were forced to do hard labor in order to live. It is also amazing to see how many people died each week trying to do harmless things such as building a railroad. It makes you think how hard they were actually working. Video number 7 was called Apartheid. This means apartness. It is a hateful symbol of racial prejudice. The largest African group is the Zulus and the majority live in the ghettos. Apartheid was used to find you own identity. Africans were competing with the white man in commercial agriculture. Africans were restricted to 7% of the land when they were 70% of the people. They had to work on the farms but they weren't paid anything. While watching this movie you realize that many Africans had no rights at all. I personally cannot imagine working the harsh and long hours that these poor people did and then not get anything out of it. They must have been so depressed because you have to think in your head that you are getting nowhere. Video number 8 was called Maids and Madams. This was a domestic service where black women were maids to white families. Many domestic servants were forced to neglect their own family while watching others. This was the largest source of employment for African women after agriculture. They would work 7 days a week for 10 1/2 hours a day. This occurred at the end of Apartheid in the late 1980's. I found it terrible that these women had to take care of all the families and could not have any visitors, not even her own children. It must have been extremely hard for these women seeing as they were raising other people's children before getting to spend time with their own children and raise them. Video number 9 was titled Beneath the Veil. This was life under the Taliban rule (Islamic Militia). A football field is turned into an execution ground. 7 out of 10 children's parents were killed by Taliban. Women beg on the street because they are forbidden to work and their kids go hungry. The women executed are not allowed to take off veils. They kneel down and are shot. Taliban leadership is proud of what they do on the field. They thing of it as a place of joy. Women are deprived of medical care and many die during childbirth. The Taliban won't educate girls over the age of 12. They will also be imprisoned if they are caught wearing makeup. I found this video to be the most interesting. It is crazy to think that you see all of this on the news but yet you never really know what is going on in other countries. I can honestly say that before seeing this movie I never once thought of what my life as a female would be like if I was under Taliban rule. Video number 10 is called Gandhi. This movie takes place in South Africa in 1893. Gandhi wants justice for his people and he is beaten by the police. He doesn't let being tormented bother him. He says to love thy neighbor as yourself. All people of India must be fingerprinted like criminals. Gandhi states that they may try to kill him. They will have his dead body but not his obedience. In 1915 he arrives back in India. While the Muslims gather the army fires guns on the people of India. 1, 650 bullets were fired killing many people and causing terror. Gandhi was killed but was remembered by all of his people. I feel that Gandhi led his country to freedom and he became the spokesman for all mankind. You realize what a great man he was and the impact he had on his people by the number of people who came to mourn his death. I think Gandhi had a lot of heart to continue fighting for what he believed in. The final video number 11 was titled Eleanor Roosevelt. This was about the life of Eleanor Roosevelt from birth through her later life. She was a teacher, mother and a kind and loving women. She was one of the best politicians of the 20th century. She was born on October 11, 1884. She was very close with her father but he always let her down because he was an alcoholic. When he died she didn't know what to do. On March 17, 1905 she married Franklin Roosevelt. They had a few children. She found out he had an affair on her but she decided to stay with him. There marriage was shaky for many years. At times they did not live together. Franklin won the presidential campaign but Eleanor did not like being in the spotlight. After the Great Depression Eleanor gave lectures and visited schools and factories. She wrote a news column titled "My Day". I thought this movie did an excellent job portraying the life of Eleanor Roosevelt. I found it interesting that at one point in time her and Franklin lived in Albany. I never knew until seeing the video the hard and at some times depressing life that Eleanor Roosevelt once lived. f:\12000 essays\law & government (233)\Introduction to Human services.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Introduction to Human services Final examine #1 Jeffrey, "A Human Services Professional is someone who is a facilitator for someone who is not able or not yet able to deal with issues in a healthy way. I am taking classes so that I can learn how to best help empower people change their situation by believing in themselves. I believe that people have the answers within themselves, but may need help getting in touch with their spiritual or intuitive self. As human services providers, we hopefully strive to model healthy behavior, including the fact that we are human, need support from our peers, and can make mistakes." "When a client is ready, we educate them to give them an idea of what is destructive behavior, bring to their attention possible consequences of their actions, and suggest ideas or alternatives. Usually a client already knows all this, they just never knew a better way or thought their way of dealing with life was normal. I work on accepting each person where they are in their life, which takes strength. I may be saying in my mind, 'Can't you see your way out of the prison you're in?', but then I remember that I used to be in the same place, and it took years to find my way out. I still struggle with my addiction, and it still affects me, just not so profoundly." "What I would like to do is work with teenagers. As a teenager, I was befriended by a Young Life leader. He was a man in his 40's and didn't want anything from me but to be my friend. When I drank beer at lunch, he didn't tell me to not drink. I don't remember his words so much as the feeling I got when we were together. He was like a father/friend to me. He seemed to care about me unconditionally. He looked at me like a real human person, which made me uncomfortable, which now looking back, was probably because I wasn't used to that. My own father lived in the same house with me, but he was not emotionally available to me. My own father seemed to think that all women are good for is sex and housekeeping. That scares me when I think of that now. My first husband thought of me only as good for sex, baby making, and housekeeping. I am grateful that I have wised up since then. My passion is to work in the alternative schools as a tutor or mentor, to help give kids some kind of an idea what life can be about. I may not see results right away, but I do believe that 'being there' for kids is an investment. They may not realize until years later as I did, that someone had a positive affect on their lives." 2 One of my coworkers from Vietnam told me that in her country, the prisoners work for their food. I thought to myself, as I am sure many people have before, that we should try that here in this country. I do not think that sitting in prison really helps anybody. I have heard that there are work camps where the inmates learn a skill or trade so that when the inmates are released into society, they at least have marketable job skills working in their favor. I think community service should be required as an alternative to jail or prison in some cases. Picking up garbage may seem demeaning, but I know of a city employee who makes a good salary picking up garbage around my neighborhood. Maybe if the people who threw the garbage on the ground had to pick it up, they would care. Taking classes, GED or college, is popular in prison also. I have a friend who learned computer skills in prison and is now working toward a degree in computer engineering. He is grateful he had the opportunity to take college classes in prison, otherwise he may have never found out how much he enjoys programming computers. It seems to help his self esteem, because he seems gifted in this area and people often ask for his help and advice concerning computers. I suppose that providing housing for convicted criminals would not cost more than incarceration. It does not seem that imprisonment is much of a deterrent to crime. A Settlement House may seem idealistic, but is more feasible than some may think. Sex offenders are often released into the community. A new program has been implemented in which parole officers and police officers regularly visit released offenders. A step in the right direction was made when our community invited a psychologist from a sex offender treatment facility to educate us about this population, rather than ignoring the problem and hoping it will go away. The psychologist told us that serious offenders are psychopathic; they do not know and do not care what is right and wrong, nor do they care who they hurt. They have no feelings or emotions. Even so, I do not think that terrorizing or intimidating released sex offenders, as I have heard of in some cities, helps anybody. I think many criminals would be better off with the awareness and support of the community. It is often difficult for former prison inmates to find shelter, and a transitional community setting may help resolve many problems. I have wondered if support from the community would help some offenders. Sometimes people fall into addictions because of something missing in his or her life. If we combine resources of therapy, job training, supervision, and community involvement, maybe we would see some positive changes. It certainly wouldn't hurt to be more open minded. 3 Children in grade school used to say I was weird. I eventually realized that my way of thinking is different from that of many people. In high school I would verbally express my thoughts and people would say to me with amazement, "I have never met a person like you." I guess some of my ideas and thoughts were quite creative and abstract. I like to think of myself as eccentric. Now that I am older, I tell myself that only narrow minded people would think I am strange. I used to feel like I was born in the wrong century or wrong country. A positive aspect is that my way of thinking allows me to be sensitive and open minded. I know how it feels to feel out of place. Not just in a group of people, but in this dimension we call "life on planet Earth". I have become proud of my nonconformity. My way thinking is, "Why be normal?" What I have learned is to get in touch with my spiritual self. I can feel a connection with people on this level. Sometimes I feel threatened or uncomfortable with people because of the vibrations I feel from them. I think about how this will affect my career. Will I be afraid of someone for no tangible reason? Will I favor some people because of how I respond to them emotionally? Being different sometimes makes people stronger. Sometimes it makes people suicidal. I have been to both places. I feel that because of situations I have been faced with, I can relate to people with a variety of challenges and help emotionally support them through tough times. Personally, I feel that I have survived by the grace of God. Some people think it is impossible to be saved by God, but they also told me they don't believe in God. This is interesting to me because I never believed in God until I received therapy for an addiction I am recovering from. It makes me wonder if God only blesses people who are begging for healing, as I was. I guess I was ready to accept a power greater than myself. As a human service provider, I hope that I can help people in some way, otherwise it is not worth it. I would like to think I haven't gone through all this stuff for nothing. 4 When I learned about Maslow's theory in my psychology class, it made sense to me because I have experienced self-actualization in my life. I experience more of what I call spiritual awareness every day. I believe that when a person feels he or she is in a safe environment, he can spend more time on personal growth and awareness instead of wasting energy defending himself. Accepting people as a philosophy, I make a conscienscious decision every time I communicate with people to be aware that what I see as a destructive behavior is most likely a mode of survival for them. Being addicted to something is a desperate hunger for wholeness. I think the process of life is so painful for some people, they opt for suicide. Death is seen as instant spiritual freedom and an end to human suffering. Emotional growth can be painful and can take a lot of strength. We gain strength from our experiences which makes us stronger for more growth. It is all a process. Sometimes the challenges are so overwhelming, we need the support and strength of someone who has experienced difficulties and believes there will be a light at the end of the tunnel. Learning about Erickson's theories helps me understand how people may pass through stages in life. I do think that many needs not met in childhood can be met later in life. I know someone who said he didn't need anybody and he was better on his own, but as I got to know him better, he told me that he gets lonely and is afraid of getting hurt. As a young child, he was sent to live with his grandmother because his stepfather was abusive. He felt guilty that he could not be there to protect his mother. Because of these experiences, he is very protective of his children and is very close to his mother. To protect himself from pain, he refused to become emotionally attached to someone unless he knew her well enough to know she would not abandon him. In my opinion, it would be therapeutic for him to be in a long-term relationship. 6 It's the 90's. Diversification is expected. Networking is important. When I worked in the Community College Wellness Center, I would visit some of the local agencies offering services. I would rather refer someone to an agency if I knew of its integrity. Not only is my credibility on the line, but I am not doing a client a favor by giving him or her a referral which may lead to disappointment. In the 90's, there are more trained mental health professionals than ever before in the history of civilization. Therefore, we are each allowed to develop a specific skill rather than knowing a little of each area of need. From what I have read about history, people were first concerned about basic survival. Hopefully, by helping people meet basic needs, we can go beyond mere survival. It seems that people are seeking more meaning in their lives. I have read that a goal for a woman up to the 1960's, was to find a husband who would be a good provider and not abusive, but now women (and men) want intellectual stimulation, someone they can have an intelligent conversation with. Marriage and family counselors are more acceptable now than when I was growing up. It used to be that people would be ashamed to admit they were even thinking about counseling, where now I here people almost bragging about it - learning to communicate with your family, if you did not grow up freely expressing your thoughts, feels wonderful. I plan to learn more about my field before I call myself a specialist. Being able to work with teenagers will probably require me to be a specialist in several fields, including juvenile, domestic violence and chemical dependency. My goal is to receive a well rounded education. From the creativity and insight of teenagers to the wisdom and insight of senior citizens, my horizons are broadened when I converse with people from different backgrounds. Whether we are advocates, educators, or directors, we are each trained to use our individual talents to create a functional system of human service workers. 7 Get a job! Permanent birth control now mandated for every woman on the dole! I admit, sometimes these thoughts cross my mind. But I am also one of these women. What began as my American Dream ended as quickly as it began. My husband was in the Navy. I thought I would live a life of adventure, see new places, meet new people. What really happened is that I ended up on an isolated military base, with a man who didn't really care about me or his child. Being that I have felt the need for independence from a man, I do not think there are any simple solutions such as 'stay married', or 'get a job'. In my opinion it is unfair to ask a mother of a baby to go to work and put her baby in a daycare. I think children should be four or five years of age before put in daycare. Many populations are in need of assistance. Sometimes I envy the women who live in ( ). They drive Mazda Minivans, take up hobbies, and don't need to work. Sometimes I wonder how many are unhappily trapped in that life. They know they could be one day away from losing their children, their home, everything. When I think of drastic welfare reform, what scares me is the control someone can have over you when he knows that without him, you have nothing. I consider myself a capitalist, but I can't but help think about CEOs who make salaries in the millions. And about disabled people who live on a few hundred a month. I think opportunities for education should be funded. Without education, many people have no marketable skills to earn an adequate living. 10 It's not just a job, it's an adventure! In a job you'll get burned out. If you find a career you love, you will use a lot of energy, but the rewards will keep you motivated. At the public library, there are many books to give you ideas and help you decide on a career. I found a group of books in the Community College Library issued by the US Department of Labor in which the author suggests listing a few things you would be interested in doing as a career. I also found a set of four books called Encyclopedia of Careers and Vocational Guidance. Then decide which ideas would be a practical for you to earn a living. If you have a gift or ability, it feels good to use it to help people. Volunteering is a good way to find out where your talents lie. I have been fortunate enough to have had the opportunity to be employed as a work-study student by several departments on my college campus. I found out by on the job experience what I love to do. Is it possible to go to school or receive on the job training? Sometimes where there is a will, there is a way. I know some people who manage apartments, therefore do not need to pay rent for a place to live. They receive financial aid and food stamps while they are in school. What some people do is find out which professions are in demand, or will be in the future. These trends can be found in publications such as government statistical manuals. If there is something you think you would like to explore, maybe you could talk to people who are willing to take the time to explain how they carry out their responsibilities for their work. Bring a list of questions so the person you are interviewing has an idea of what specific aspects of their career you are curious about. People who are happy with their careers are usually quite willing to talk about themselves in this way. I know someone who owns his own business. He began as a backyard mechanic and now ten years later runs a very successful auto repair shop. For him it means long hours, but he is very proud of his accomplishments. He says there is nothing like being your own boss. f:\12000 essays\law & government (233)\Investigation Techniques of A Homicide.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The O. J. Simpson double murder trial is perhaps the most publicized case this decade. However, before the police can arrest Simpson and prosecute him, they must investigate. The investigation techniques LAPD used are used all over the world. CRIME SCENE Patrol officers received a disturbance call at Nicole Simpson's residence. They arrived on scene and discovered two bodies. They looked around to see if the suspect is anywhere around then they checked to determine the two subjects were dead. The officers immediately contacted the detectives on duty and supervisors and then secured the area to ensure no contamination to the scene. The officers' duties included making sure that no unauthorized people may enter the scene. They also have to protect all possible evidences left by the suspect. In the Simpson case, the officers did not do a very good job at securing the scene. They had allowed unauthorized officers the go through the scene, thus causing some contamination to the crime scene. This error had allowed the defense to attack the creditability of the police department. CAUSE AND TIME OF DEATH When the officers first arrived the scene, they saw two people lying in a pool of blood. The officers did not know if they were dead and if they were, how and when. After the medical examiner looked at the bodies and the wounds on the victims, he concluded that they were stabbed to death. The time of death was a bit harder to determine. Death caused some changes to the bodies. The investigator looked at the changes and was able to estimate a time of death. Some of the changes the examiners look for are: lost of body temperature, rigor mortis, and postmortem lividity. The body temperature will start to decrease after death. The body will also start to stiffen after death, this is call rigor mortis. Rigor mortis usually starts to set in two to four hours after death. Time of death can be estimated by the stiffness of the body. Another way to estimate the time of death is postmortem lividity. When the body ceased to function, gravity pulls the blood down and settled at the lowest points of the body. Postmortem lividity may appear on the body between half hour to four hours after death. The determination of the time of death is important in a homicide investigation. This information can give the police a viable suspect. It can also break the suspect alibi. EVIDENCES There were numerous evidences at the residence of Nicole Simpson. There were the bodies of both Nicole Simpson and Ron Goldman. There was a large amount of blood of both victims. There were also shoe prints and other evidences. These evidences could tell the investigators how the and where the victims were killed. The importance of crime scene security is once again emphasized here. On the bodies and the scene, there may be trace evidence from the suspect. These trace evidences could help the investigators learn about the suspect. There might be hair and clothe fibers transferred on to the victims by the suspect. These trace evidences can tell what sex, age, and race of the suspect. If the scene was not protected well against contamination, some of these trace evidences could be lost. The main evidences of this case are the bodies, blood, and the questionable bloody glove. The bodies were searched thoroughly and removed. Then the scene was searched for more obvious evidences and processed. Then trace evidences were searched for and collected. Since most of the evidences had blood on them, the were treated with extreme caution. The evidences were also collected in a paper bag to prevent moisture build-up, hence ruining the evidences. DOCUMENTING THE SCENE The first officers on the scene had taken some notes regarding the murder case. The investigators made more detailed notes. They also made sketches of the scene. They marked down where Nicole Simpson's body was and the patterns which the blood splattered. They did the same thing with Ron Goldman's body. The investigators also wrote down where every thing was found and marked them on their sketches. On their reports, there were the overall description of the scene, date time and location, victims' description, and wounds of the victims. Numerous photographs were taken as well. With all these information, the investigators were able to reconstruct and estimate how the crime was committed. With the aid of computers, LAPD reconstructed what might have happened with computer animation. Photographs were also very important. Every inch of that crime scene was photographed. The pictures showed where everything was and the exact location of the evidences. All these pictures and the sketches and reports were used in court to help the prosecution. INTERVIEW POSSIBLE WITNESSES While the investigators processed the scene, the other officers and the detectives were locating and interviewing all possible witnesses. The statements taken from those witnesses could help the police determine the time of the incident and possibly a suspect description. All the neighbors of Nicole Simpson were interviewed. Their statements helped in the establishment of the time of the incident. Both Nicole and Ron's friends were interviewed. The police found out why Ron Goldman was at Nicole Simpson's house. The police also found out about the victim's lifestyles in order to determine if they have any enemies who might do this to them. At the same time, the victims' next of kin were notified. The police had already determined that the victims were murdered. Their biggest task was to find out who and why. O. J. Simpson was at Chicago during that time. He was shocked when he found out about the murder. After more interviews with the witnesses and friends of the victims, the police found out that O. J. had a history of domestic violence. Also some of the statements given by his limo driver and his house guest did not favor O. J. any. Soon the police narrowed the investigation and focused on O. J. When O. J. found out that he was the suspect of this double murder case he became suicidal and pacifically resisted arrest. He led the police on a fairly low speed chase in his white Ford Bronco driven by his friend. The chase was captured by the news media and gained the attention of the world. The chase ended at O. J.'s house where he turned himself in to the police. THE ELEMENTS OF CRIME The LAPD had arrested O. J. Simpson as the suspect of the double murder. They collected enough evidences to charge him with two counts of first degree murder. The chase with the police did not help him a bit. In order for O. J. to be tried for first degree murder, the prosecution must prove that he knowingly caused the deaths of Nicole Simpson and Ron Goldman after deliberation on the matter. Simpson's house guest stated that he saw Simpson pulled up in the white bronco shortly after the time of the murders. The limo driver who drove Simpson to the airport said he waited for Simpson for fifteen minutes. All the times given by these witnesses coincide with the alleged time of the murders. The police investigations uncovered more evidences to link Simpson to the murders. All the testimonies showed that Simpson had actually planned the crime. He even had an alibi which was shaky. Simpson also had a history of spousal abuse. All the evidences pointed unfavorably toward O. J. Simpson. The elements of the crime the police needed were established and Simpson was formally Charged. DNA There were no fingerprints at the crime scene. However, there were some blood which belonged to neither victims'. Thanks to modern technology, scientists can detect differences in people's DNA. DNA is the genetic fingerprint of a person. The principal of DNA identification is the same as fingerprints, no two persons can have the same composition. During the Simpson trial, the admissibility of DNA evidence was highly debated. The O. J. Simpson trial had ended for a year now. O. J. was cleared of murdering his former wife and her friend. The police is still investigating this case. The LAPD made some mistakes which allowed the defense to attack the creditability of the police. This showed the importance of protecting the crime scene. Other than these mistakes, the LAPD conducted a almost text book perfect investigation. f:\12000 essays\law & government (233)\Is He Serious An opinionated report on the Unabombers Man.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Is He Serious? There comes a time when everyone has something to say. The next step would be to find someone to listen. If that doesn't work, I suppose you just have to make them listen. The Unabomber's Manifesto was probably one of the most interesting and thought provoking points of view that I have read in a while. It's just too bad that every time he made a point that I could relate with, he would contradict himself before I was finished with the paragraph. In my opinion, the entire manifesto and every viewpoint expressed therein, was a strange mix of confusion, fact and storytelling. Although written with an abundance of detail and many strong convictions, I finished reading the selection without being able to see the purpose behind it all and what he stood to gain. I'm sure that wasn't exactly his intentions when he wrote it. I feel there is one thing the author deserves credit for right from the start; his uncanny ability to set a pessimistic mood. From the minute you glance at the introduction, he, assuming the author is male, begins to paint a picture of destruction and demise of the world in which we live. What could cause such a catastrophe? According to the author, it would have to be industry and technology of all things. He was convinced that due to the industrial-technological system in which we live, ultimately humans are going to be subjected to world wide suffering and inevitably a total shut down of humanity. Now at this moment I felt a little disbelief. I had heard he was actually an intelligent person, but I was starting to wonder. His whole theory was based on the fact, that at one point or another, the human race will be taken to the point of complete break down. He feels that if it's bound to happen, we should make it happen now. The longer we wait, the more people will suffer. Now, I know our sun will eventually burn out, so does that mean that it should be the concern of everyone on the planet to devise a method to destroy it immediately and save us the trouble of having to do it later? I guess I wasn't too surprised when I read how he intended to induce an early break down with a revolution, but the next thing I read left me a little confused. I was interested in how and when he planned to do this. It didn't take me long to run across it. I would expect a violent display from the Unabomber, especially in a revolution, but his answer to that was that he may or may not use violence. Well, maybe he'll keep some details quiet, but I was sure he would release an approximate idea of how long he planned this new world revolution to last.. He wrote that it may be sudden or it may span decades. There were many things that made sense to me after reading that, for instance, if he was this vague when he walked his pen across, it's no wonder he's been able to stay free for this long. Now, from this point on, I think his writing became much more understandable to me. I started to agree with much of what he had to say and what he used to describe the majority of our society. I shared a lot of his beliefs in the fact that our society needs help, we all do sometimes. I just don't believe that things are so bad that it's time to clear the pallet and start over. He seems to have a perfect ideal of how each group of people should act and respond to the world around them. If they don't posses these features, then there has to be something wrong with society, because that's not the way he remembers them. He seems to group everyone in the world into two groups: the weak, and the weaker. There are the leftists, or the ones who should the social rebels, and the oversocialized, or the ones who have to grow up obeying society's rules. Now, I feel it wouldn't matter which category he placed me in. According to him, people jump from one group to another constantly. Either group, in his opinion, has deteriorated into a flock of sheep. No one has a mind of their own, nor do we stand up for ourselves, nor believe in anything. He believes that due to this evil industrial-technological society in which we live, everyone operates with low self esteem, guilt, and self-hatred. Because we think we're so "advanced", we are afraid to say anything which may offend others. We will constantly change our minds to suit the situation or just to make ourselves look better. Now don't get me wrong, but since we are such an "advanced" society, couldn't that be viewed as progress towards understanding others and caring for their needs? His pessimistic outlook was getting annoying. His discussion then moved into power. In his perfect view, we all must work as hard as possible to really appreciate what we have. I believe that, very much so, but he also states that people today have all their needs filled or taken care of so easily that we don't appreciate anything. People as a collective group are getting bored, therefore more and more generations are causing trouble just to have something to do. He actually has a good point there. I have to agree with him, because we are driving and driving for something better in our lives, the unfortunate who don't have direction are getting left out. Is that our demise? I don't think so. Life in general has always been survival of the fittest, it's a natural process. The next topic pertains to all the sources of our problems. If he truly believes he knows all of them, then why can't he tell us so we won't have the problems? He says we blame all our problems on the fact that our lives are so different from our ancestors. I agree, that's called progress. We dominate nature according to him, we are to detached from the outdoors. I suppose that's why we have national parks, since we're moving towards a society that won't need these things. We don't have family values because we can't favor our family over others due to the fear of nepotism or discrimination. Is that just being fair to others? Besides, how many people can work with their family members anyway? If that's the extent of our problems, I would rather deal with those than bother about a revolution. I believe this about the point where he begins to go off the deep end. All this talk about technology and industry and how it affects us, and no one to believe him. I guess that would get to me as well. That shows our freedom to decide not to listen to him. The freedom that he claims we have lost due to technology ruling the law. Electronic surveillance, police forces, propaganda we see on television, what's this world coming to? He tries to make his point by saying that laws like freedom of speech should not be considered a freedom because the average person doesn't have access to television or radio to get his point across. Can't argue there, but it doesn't mean it's not a freedom because I can't use it at the moment. It's a freedom because I can use it when I need to. He says it is impossible to have freedom with modern technology. I just say it gives me more time to enjoy my freedom. It's only a matter of time when society will not accept society and use technology to improve it. He has a point with that statement. How does he think technology has come so far? Because man has and always will have a need to improve himself. He takes that one step over the edge when he states that man will eventually build better men, a stronger race. We strive for individualism. Society will never accept a world full of cloned shells. If man can rid each other of all disease and suffering, then by all means. If he wants to stop progress and live in the dark, then that's his freedom, or lack there of through his eyes. When someone believes they are sick, they can actually make them selves sick. If we had more people like this guy around, I suppose society would probably start to fall apart. It's those who believe there's something better out there who actually make a difference. Technology was a turning point in man's struggle in life. When we were first learning to use it, we used it for the wrong reasons. I believe we're moving past that now. We don't fear technology like he does any more. More and more people, including older generations are learning to use it. Not because they have to, but it's only natural for the majority of us to try something new. When everyone begins to use it, working together, that's what advances us into tomorrow. If everyone was as pessimistic as he, where would we be? Sometimes it takes someone like him to remind us what we used to be and how we used to think. It helps us all stay on track. In the long run, he just becomes someone who wouldn't change and society will forget him. It's ironic to think that we already have. People don't want war, revolution, or violence. We don't need to be the aggressor and more. Our survival isn't assured, but at least we have the means to provide it, to really harvest it when that need arises. People like the Unibomber only give us the motivation to keep on going. And what do we have to thank for our advancement? Technology. f:\12000 essays\law & government (233)\Jury Nullification and Its Effects on Black America.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ It is obvious that significant improvements have been made in the way that the criminal justice system deals with Blacks during the history of the United States. Blacks have not always been afforded a right to trial, not to mention a fair one. Additionally, for years, Blacks were unable to serve on juries, clearly affecting the way both Blacks and whites were tried. Much of this improvement has been achieved through various court decisions, and other improvements have been made through federal and state legislatures. Despite these facts, the development of the legal system with regard to race seems to have become stagnant. Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. Although numerous articles and books have been published devising means by which to reduce variance within the system, the most recent, and probably most contentious, is that of Paul Butler, Associate Professor of Law, George Washington University Law School, and former Special Assistant United States Attorney in the District of Columbia. Butler's thesis, published in an article in the Yale Law Journal, is that "for pragmatic and political reasons, the black community is better off when some nonviolent lawbreakers remain in the community rather than go to prison. The decision as to what kind of conduct by African-Americans ought to be punished is better made by African-Americans themselves."1 The means by which Butler proposes for Blacks to implement these decisions is termed jury nullification. By placing the race of the defendant above the facts of the case, and thus producing either an acquittal or a hung jury, Butler hopes that Blacks will be able to keep a large portion of Black males out of prison. Although several commentators have voiced criticisms with the ideas of Professor Butler, most of these criticisms focus on what is best for the American legal system, what legal precedents dictate, or as is most often the case, on what is "right." It is, however, negligent to simply focus on these issues when examining the proposal of Professor Butler. Instead criticism and analysis must be based upon what is best for the Black community in this country. From this perspective it becomes clear that although race-based jury nullification has many attractive features, it must be modified to be truly beneficial. The first step in analyzing Butler's conception of jury nullification is to examine problems which Butler claims cause a need for a solution. These problems are flaws in the criminal justice system, intrinsic or otherwise, which present themselves as disparities in treatment of whites and Blacks. In any policy discussion, formulation of a plausible and effective solution clearly must be based upon the nature of the problem. Butler lists many examples of racism in the criminal justice system, but many are simply specific cases meant to illustrate his point. Although these cases are important, they are nearly impossible to discuss in a general examination of discrimination in the justice system because specific cases do not necessarily entail widespread discrimination. However, Butler does cite past and contemporary administration of the death penalty, disparities between punishments for white-collar crimes and punishments for other crimes, more severe penalties for crack cocaine users than for powder cocaine users, and the high rate of incarceration of African-American men.2 All arguments regarding Butler's thesis must be framed within the context of these problems, if not directly addressing them. Although Butler lists it last, he does note that the problem of high incarceration rates among Black males is the one noted most frequently. This problem is one which is essential to the discussion of jury nullification, and should be explored specifically for a number of reasons. First, whatever the reason, the number of Black men in prison is frighteningly high. One out of every twelve black males in their 20s is in prison or jail. Additionally, there are seven Black males in prison for every one white male.3 More than half of all black males are under the supervision of the justice system in some way.4 These two factors indicate a very important trend. A high number of black males are in prison, and many more black males are in prison than white males. This would definitely lead a reasonable person to assume at least some measure of discrimination within the criminal justice system. Secondly, and perhaps more significantly, the high rate of incarceration, upon further examination, leads to conclusions about its causes which then shed light on the discussion of jury nullification. The first step in examining this phenomenon is to examine what role racism plays in the high rate. There are several levels within the system at which discrimination could occur. The initial contact which anyone has with the justice system is with the police. The police are the institution which serve as a gateway to the legal system, and thus it is only logical to look here first. First, in 1984 almost 46% of those arrested for violent crimes were Black, while Blacks constitute only about 12% of the national population on the whole. 5 Overall, Blacks are twice as likely to be arrested when compared to whites.6 This data could be construed to mean simply that Blacks commit more crimes than whites. Although this may be true, "the argument that police behavior is undistorted by racial discrimination flatly contradicts most studies, which reveal what many police officers freely admit: that police use race as an independently significant, if not determinative, factor in deciding whom to follow, detain, search, or arrest."7 Despite the fact that discrimination may exist among police, the arrest figures still do not account for the vast disparity in incarceration rates. So other aspects of the criminal justice system must be examined. Another level in which discrimination can be claimed is that of the prosecutor. Because prosecutors have such enormous discretion when deciding which charges to file, which penalties to seek, and which cases to prosecute, there are many instances in which a prosecutor's racism can be turned into discrimination against a defendant. Indeed, "statistical studies indicate that prosecutors are more likely to pursue full prosecution, file more severe charges, and seek more stringent penalties in cases involving minority defendants than in cases involving nonminority defendants."8 This discrimination becomes even more evident, and disturbing, when examining the death penalty. A study in Georgia found that in matched cases, prosecutors sought the death penalty in 70 percent of the cases in which a Black killed a white, and 15 percent of the cases in which a white killed a Black.9 Although these numbers cannot be extrapolated to indict the entire nation's prosecutors, other figures do indicate vast disparity. In McCleskey v. Kemp, the defendant introduced a comprehensive, multiple regression analysis of the death penalty, done by Professor David Baldus. The study controlled for 230 independent variables, and indicated that race is by far the most important factor in whether a defendant receives the death penalty. It also found that Black killers of white victims are far more likely than white killers of Black victims to receive the death penalty.10 Although the Court upheld the death penalty, it only did so because of precedent which states that discrimination must be proved through demonstration of intent, and not just results. This disparity is reflected in the number of Black death row inmates. The NAACP Legal Defense fund reports that nearly 39 percent of the inmates on death row in the 35 states in which the death penalty is used. It also found that of all federal death row inmates, 67 percent are Black.11 Despite the fact that these statistics are startling and important, they are insufficient to justify race-based jury nullification at face value. First, "the studies of Dean Alfred Blumstein of Carnegie-Mellon and of Joan Petersilia of the RAND Corporation conclude that about 80 percent of the black overrepresentation in prison can be explained by differential involvement in crime and about 20 percent by subsequent racially discriminatory processes."12 Twenty percent is definitely significant and does deserve action, but it is not as high of a number as some might speculate, and therefore might dictate a more moderate solution. This will be discussed further later. Second, "the crime and delinquency rates of incarceration, and rates of arrest and of victimization of those who move away from these slums are indistinguishable from whites of the same social class."13 This fact suggests that socioeconomic factors are very important in the existence of crime. Butler argues that the this fact is simply more impetus for the implementation of his plan. He asserts that discrimination and segregation deprive Blacks of adequate opportunity to improve their social and economic standing. He describes a "radical critique," by which he states he is persuaded, in which "the radical critic deduces that but for the (racist) environment, the African-American criminal would not be a criminal."14 Certainly this is a compelling argument. It is not clear, however, exactly how economic inequalities cause crime. Logic would certainly support the idea that Blacks, faced with stark living conditions, would commit crime either to strike back at whites or to attain more wealth. There are several problems with this idea, however. First, many crimes are unrelated, if not contrary, to acquisition of wealth. Not all murders are committed over material goods, and assuredly drug use in no way is helpful to the attainment of financial security. Second, to assume that crime is dictated by social or psychological purposes is to ignore that fact that in most cases commission of criminal acts is governed by the proximity, ease, and convenience of reward. "In short, crime is an ill-conceived mechanism for the redistribution of wealth or for the extraction of revenge on one's oppressors, and no racial or ethnic group believes otherwise."15 Once again, the merits of jury nullification in alleviating these problems will be discussed, as will other solutions, later. From the viewpoint of the Black community, it may not be exactly obvious whether discrimination in public policy and in the criminal justice system is reason enough to allow guilty criminals to go free. But even assuming that there is there is a significant reason to implement jury nullification, Butler's assertions with regard to the intentions of jury nullification must be examined. Butler claims that it is important that Black males be released not only because often they are on trial as a result of discrimination, but also because they are too important to the community to lose. He states, "Black people have a community that needs building, and children who need rescuing, and as long as a person will not hurt anyone, the community needs him there to help."16 He maintains that the Black community needs its young males too much to punish them. There is significant reason to believe this idea. William Julius Wilson states, "black women, especially young black women, are facing a shrinking pool of "marriageable" (i.e. economically stable) men."17 Much of Wilson's book is dedicated to the discussion of the dissolution of the Black family and its effects on the Black community. It seems quite clear that Black males are important to Blacks on the whole, but Butler seems to underestimate the negative effect of crime upon the community in his attempt to prove discrimination. This is clear in his claim that longer punishments for possession of crack than for powdered cocaine are evidence of discrimination. The issue is summarized quite well by Kate Stith: While it appears true that the enhanced penalties for crack cocaine more often fall upon black defendants, the legislature's action might also have been viewed as a laudatory attempt to provide enhanced protection to those communities - largely black, according to the court's own statistics - who are ravaged by abuse of this potent drug... [I]f dealers in crack cocaine have their liberty significantly restricted, this will afford greater liberties to the majority of citizens who are the potential victims of drug dealing and associated violent behaviors. This is the logic of the criminal law.18 Studies indicate that almost 97 percent of those charged with possession of crack were black, while 80 percent of those charged with possession of powdered cocaine were white.19 Thus, it could be argued that differences in sentences indicate an attempt to help the Black community rather than hurt it. Butler presents several hypothetical cases, one of which involves a Black defendant arrested for possession of crack. Butler states that this case is easily decided, and that jury nullification is the clear answer. He justifies this position by stating that since the crime was victimless, and since there exists such a disparity in sentencing procedures between crack and powdered cocaine, there is no question that the jury nullification is the preferable option. Butler seems to ignore the detrimental effects of drug use and distribution on the Black community. But the drug possession and distribution are not the only areas in which it is logical to protect innocent Blacks. "Among black males and females ages 15 to 44, the leading cause of death is homicide."20 Studies also report that most crimes committed against Blacks are committed by Blacks. "In Chicago in the 1970s, for example, 98 percent of black homicides were committed by other blacks."21 This phenomenon is only strengthened by the segregation which Butler reports. "In concentrating poverty, segregation acts simultaneously to concentrate anything that is correlated with poverty: crime, drug abuse, welfare dependency, single parenthood, and educational difficulties."22 It is only logical that if Blacks are surrounded by Blacks, when Blacks commit crimes, they will victimize Blacks. Although this segregation might be ascribed to whites, that is no reason for Blacks to further worsen the situation by releasing criminals into the community. Another factor which Butler misunderstands is the effect of rehabilitation. He states that the idea of rehabilitation as a justification for punishment can be dealt with summarily. He states, "If rehabilitation were a meaningful option in American criminal justice, I would not endorse nullification in any case."23 According to Michael Vitiello, much of the reason for the abandonment of rehabilitation as a plausible reason for imprisonment stems from the work of one man, Robert Martinson. Vitiello states that most of the analysis of rehabilitation is based upon the studies of Martinson, which originally stated that it would never be a plausible idea. However, Martinson later retracted his conclusions, though none of the work based on those conclusions was subsequently retracted. Vitiello goes on to conclude that rehabilitation can work and has worked, and thus abandonment is irrational. He states that some improvements can be made, and the rehabilitation is an achievable goal.24 Ironically, Butler refers to Vitiello's article in his discussion of rehabilitation. He refers to Vitiello's statements about the rejection of the rehabilitative model by those involved in the criminal justice system. However, this reference is taken out of context, as it is simply justification for increased attention and discussion of rehabilitation. The importance of this analysis is hard to overestimate. If rehabilitation can be implemented effectively, sending Black males to prison would be the best possible option for Black jurors convinced of defendants' guilt. Rehabilitation of the Black community could rest upon the rehabilitation of its young male criminals. Butler admits that rehabilitation is preferable to nullification in theory, but simply does not believe that rehabilitation is possible. It is unfair to judge jury nullification based simply on its own merits. This may sound ludicrous, but any plan must be judged in terms of its competition. If no alternative exists to any given strategy, the only way in which the plan can be rejected is if a negative effect can be reasonably expected. Thus, if it can be determined that no alternative plan is superior, or even plausible, then jury nullification need only help one city, one neighborhood, or even one person, and have no visible negative effects, to merit implementation. Harvard Law Review proposed a number of solutions to the specific problems of unfounded arrests by the police, misuse of prosecutorial discretion, and jury misrepresentation. Most of these reforms involve changes as to the admissibility of certain evidence in court. For instance, the article suggests disallowing the use of a criminal profile as a factor in proving probable cause. Also, it advises new tests to prove discrimination by prosecutors, which would allow for the introduction of statistics regarding prosecutorial practices. The other changes are simply more reform of court practices, such as reducing the number of peremptory challenges which prosecutors can use in hopes of limiting the number of Black jurors removed from juries. Butler's argument with these solutions, recognized as being the most important proposals for criminal justice reform, and others like it, is that they rely on powers outside of the Black community. He would claim that although these solutions might have some good effects, it is naive of Blacks to assume that they can rely on the solutions to be implemented. Butler stated, "Jury nullification is power that black people have right now and not something Congress has to give them."25 Jury nullification might not seem as appealing as the ideas proposed by Harvard Law Review, but Blacks can implement it themselves. Although laws prohibit jurors from being instructed about jury nullification in criminal cases, Butler does provide a number of methods to implement his plan. Rap songs, black newspapers and magazines, ministers' sermons, flyers, and other various Black cultural events are all arenas in which the idea could be made popular, according to Butler. He likens the plan to the famous Montgomery bus boycott, in which a grass-roots campaign had clear effects.26 Despite its relative ease of implementation, jury nullification is still suspect in its potential for effectiveness. First of all, although socioeconomics may not completely explain the high rate of Black incarceration, studies make it fairly clear that much of the problem is not a result of discrimination. This leads to the conclusion that maybe Butler's goals should not be limited to criminal justice reform, but also other areas. Second, despite Butler's claims as to the fairness of his plan, there would no doubt be a great deal of controversy, and white backlash would be difficult to avoid. It is even possible that the plan would backfire by causing prosecutors to almost completely reject Black jurors in cases with Black defendants. It would be hard to argue with this practice since it is the prosecutors' jobs to win cases, and if jury nullification gained much momentum, it would be doubtful if prosecutors would take the chance that Black jurors had not heard of the plan. There might also be a great deal of white nullification. In short, there would probably be many negative ramifications to the implementation of such a potentially unpopular plan. The question, then, is how can progress be made? One significant omission on Butler's part is a set of goals or requests which would make Butler's intentions clearly known. The only goal which Butler discusses is the release of Black males into the community. He even neglects analysis of possible changes which he would hope to instigate through jury nullification. Inclusion of specific reforms which would be desired would have two positive effects. First, it would help to avoid white backlash. By demonstrating that jury nullification had specific purposes, Butler would deflect criticism that the plan is simply a racially selfish scheme to keep Blacks from receiving punishment. Explicit goals would also make it clear to the public that there are discriminatory practices which Butler wishes to end. Second, only by explaining what jury nullification is meant to accomplish can the government be expected to reform the criminal justice system. This is especially true if the goals include public policy changes not directly related to the legal system, such as the elimination of discriminatory housing practices or augmentation of job training programs. Then, if jury nullification proves effective, and the government is forced to some concessions, Blacks will benefit much more than just from the release of Black males. Clearly, Blacks have much more to expect from public policy and the criminal justice system than they currently experience. Discrimination, to at least some extent, occurs at almost every level of the system. Although there is no way to be sure whether racism, socioeconomics, or some other mysterious factor is to blame for the high level of Black incarceration, clearly something ought to change. Jury nullification, despite some gaps in Butler's explanation and justification, is one of the only methods by which Blacks can hope to affect change. Even if Paul Butler accomplishes nothing else, he can reasonably expect to achieve one goal: raising awareness of race in criminal justice. As Butler states in the conclusion of his article, "Perhaps, when policy makers acknowledge that race matters in criminal justice, the criminal law can benefit from the successes and failures of race consciousness in other areas of the law... To get criminal justice past the middlepoint, I hope that the Essay will facilitate a dialogue among all Americans in which the significance of race will not be dismissed or feared, but addressed."27 1 See Paul Butler, Racially Based Jury Nullification: Black Power in the Criminal Justice System, 105 Yale Law Review No. 3. This article was retrieved using LEXIS, thus no specific page numbers are available. The page range of the article was originally 677-725. 2 Id. 3 See Norval Morris, Race and Crime: What evidence is There That Race Influences Results in the Criminal Justice System?, 72 Judicature No.2, (1988) at 112. 4 Butler, supra note 1. 5 See Bureau of the Census, Statistical Abstract of the United States 25 (106th edition, 1986). 6 Morris, supra note 3. 7 See 101 Harvard Law Review (1988)at 1472. 8 See Harvard Law Review at 1520. 9 Morris, supra note 3. 10 See McCleskey v. Kemp, 107 Supreme Court (1987). 11 See Coramae Richey Mann, Unequal Justice (1993) at 202-3. 12 Morris, supra note 3. 13 Morris, supra note 3. 14 Butler, supra note 1. 15 Michael R. Gottfredson and Travis Hirschi, A General Theory of Crime (1990), at 152. 16 Butler, supra note 1. 17 See William Julius Wilson, The Truly Disadvantaged: the inner city, the underclass, and public policy (1990), at 91. 18 See Kate Stith, The Government Interest in Criminal Law: Whose Interest Is It, Anyway?, Public Values in Constitutional Law (Stephen E. Gottlieb ed., 1993), at 137, 158 19 Randall Kennedy, The State, Criminal Law, and Racial Discrimination: A Comment, 107 Harvard Law Review (1994), at 1262. 20 Morris, supra note 3. 21 Morris, supra note 3. 22 See Douglas S. Massey, America's Apartheid and the Urban Underclass, Social Service Review (December 1994), at 480. 23 Butler, supra note 1. 24 Michael Vitiello, Reconsidering Rehabilitation, 65 Tulane Law Review (1991). 25 Benjamin A. Holden, Laurie P. Cohen, and Eleena De Lisser, Does Race Affect Juries? Injustice with Verdicts, Chicago Sun-Times (October 8, 1995) at 28. 26 Butler, supra note 1. 27 Butler, supra note 1. f:\12000 essays\law & government (233)\Justified Text.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Every action or decision we make is either justifiable or unjustifiable. Justice is usually decided by society or the "norm." The "norm" changes from one society to another. However, there are always laws that can be broken, consequences that must follow, and punishment that must be imparted. Justice can be seen in two different ways, social and criminal. Justice is in the eye of the beholder because we all have different attitudes about right and wrong. Criminal justice is a term that refers to the area of social laws which a group of people deem valuable in order for the day-to-day mechanics of society to function. When these laws are broken, the infrastructure of a society breaks down, and this deviance from the "norm" must be corrected. Personal feelings, morality, religious beliefs, and inflammatory, biased feelings towards certain laws cannot supersede the concrete social laws. This type of high emotion was apparent when dealing with the facts in the murder of a Topeka police officer. In the recent trial Steven Shively was prosecuted for shooting a police officer. The prosecutor was caught up in the media and emotional hype of this case. She apparently thought that she could win simply because a police officer was shot and the public was behind her. It was a case of public revenge where the mind-set was "We're going to get the guy that did this horrible crime. It doesn't matter that he was defending his home." This type of public revenge could include the execution of Shively. No matter what verdict would have been handed-down, someone, somewhere would have been unsatisfied. If Shively were sentenced to be executed, then his family and friends would have had to fight for justice until the day he died. As the verdict of "not guilty" arrived, Paterson's family, many police officers, and friends of the family cried for justice. Yet, justice had been served. Equal and satisfying justice has always been a problem. On May 30, 1939 a group of Texas Rangers decided to ambush and murder two people they wanted to destroy. They shot seventy five bullets into a man named Clyde and fifty four deadly bullets into a young lady named Bonnie. Of course, this is the famous story of the outlaw couple, Bonnie and Clyde. This action branched across the guaranteed right to due process. Another incident of the criminal justice's injustices occurred when the ATF decided to arrest David Koresh and his followers. We know how this story ends. The ATF was the reason that many people died and was probably the cause of the Oklahoma City bombing. A more recent incident is one that was taped by a helicopter. A group of illegal Mexican immigrants were trying to get to the land of freedom and justice for all. After arriving they were hunted down by the border patrol in California. After the border patrol caught them they beat them up. This group of Mexicans were beat up for attempting to find liberty, homes, and food. We live in a country where we can send money to other countries but spit on the people that live in the United States of America. Justice can also be defined in another form, social justice. When I give someone money, I expect to get a product or service of balanced worth back. When we are complaining about the price of gas, in our mind we are complaining that the price is unjust or unfair. However, public opinion can warrant an outcry for social justice so that gas prices may come down. Social justice laws are those society values that we as a society determine are right or wrong but that work within the framework of public law. When Abraham Lincoln said that "all men were created equally," he was talking about social justice. Social justice is usually someone's feelings or actions toward another person. A social injustice was played out in Topeka with the case of Brown vs. the Topeka Board of Education. Racism is an unjustified feeling toward a certain race because of the color of their skin. Just the same there are many people who are spit on for being HIV positive when they might not have had a choice in the matter. A 86 year old woman was recently discussed on the news because she was infected with HIV from a skin graft. Still people like Fred Phelps will freely picket people who are innocent. Thomas Aquinas said, "Justice is a certain rectitude of mind, whereby a man does what he ought to do in the circumstances confronting him. Do we impart such rectitude of mind? And if we do no, will there be tolerable private or public order in the twenty-first century?" Despite our efforts to have justice, we will never succeed in the society in which we live unless social justice seeps into the laws that govern criminal justice. Then, the United States will truly be "one nation with liberty and justice for all." f:\12000 essays\law & government (233)\Juvenile Crime.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ One of the biggest problems which the United States is faced with is juvenile crime. The reason experts feel juvenile's commit crimes is because of risk factors when they were younger but experts still have not found the main reason why juvenile's commit crimes. Some risk factors associated with juvenile crime are poverty, repeated exposure to violence, drugs, easy access to firearms, unstable family life and family violence, delinquent peer groups, and media violence. Especially the demise of family life, the effect of the media on the juveniles today, and the increase of firearms available today have played a big role in the increase of juveniles crimes. The most common risk factor is the demise of the family life and the increase in family violence. Between 1976 and 1992 the number of juveniles living in poverty grew 42% and this caused an increase in crimes by juveniles. Many of these juvenile criminals have been abused or neglected and they also grew up in a single-parent household. Research has found that 53% of these children are more likely to be arrested, and 38% more likely to commit a violent crime as an adult, then their counterparts who did not suffer such abuse. The symptoms of child abuse are "high levels of aggression and antisocial behavior" and these children are twice as likely to become juvenile offenders. Also improper parental care has been linked to delinquency such as mothers who drink alcohol or take drugs during pregnancy cause their babies to grow up with learning disorders, a problem which leads them to be juvenile criminals. Another risk factor is the effect of the media on the juveniles of today. Before the time a child has reached seventh grade, the average child has witnessed 8,000 murders and 100,000 acts of violence on the television. There is no doubt that heavy exposure to televised violence is one of the causes of aggressive behavior, crime and violence in society. Television violence affects youngsters of all ages, of both genders, at all economic levels, and all levels of intelligence. Long-term childhood exposure to television is a casual factor behind one half of the homicides committed by juveniles in the United States. The increased availability of guns has played a big part in escalating the number of crimes committed by juveniles. In Los Angeles juvenile delinquency cases involving weapon violation grew by 86% from 1988 to 1992, which was more then any other type of juvenile offense. According to a University of Michigan study found that 270,000 guns accompany secondary school students to class daily. This is startling because it shows how many more juveniles are carrying guns and the juvenile use of guns in homicides has increased from 65 to 80 percent from 1987 to 1991. The possession of firearms plays a big cause in the delinquency of children and is playing a bigger role in the crimes which juveniles commit. Another cause of the increase of juvenile crimes has been the effect of children seeing multiple murders and other acts of violence on the television. Finally the demise of the family life and the increase in family violence has been the biggest factor in the increase of juvenile crime. f:\12000 essays\law & government (233)\Juvenile Justice in USA.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Juvenile Justice Juvenile Justice The Juvenile Justice System as it typically functions in America's thousands of jurisdictions is the subject that will be covered. The Juvenile Justice System is defined as that "sociolegal process having responsibility and authority for public reaction to current juvenile delinquency and deterrence of future juvenile delinquency, including within that process the public and private agents, agencies, laws, rules, and policies having to do with juvenile delinquency"(Weiner, 1987, p.12). This paper will deal with the history of the juvenile system, the need for the juvenile system, juvenile court functions, parents in court and programs that have worked, along with ones that haven't. Because the first formal juvenile court was so labeled on July 1, 1899, which would make the Juvenile Justice System nearly a century old. However, the origins of the various components of the JJS go back much further than that. The notion of separate treatment for children under criminal law goes back to a very early English law. Children under seven years of age were legally incapable of committing a crime, and children between seven and fourteen were presumed incapable, this concept being based upon a child's inability to have a guilty mind, or mens rea. Thus, from almost the beginning children have been treated differently from adults who commit the same acts. The origin of juvenile corrections in the United States goes, back at least to the opening of the New York House of Refuge in 1825. This house of refuge was established to meet the same kinds of needs the JJS of today tries to meet, including avoidance of harsh criminal penalties for unfortunate children, segregating "predeliquent" children from hardened delinquents, providing "proper" moral, ethical, political, and social values and role models for deprived children, and treating such children as victims rather than offenders. This is the main reason why we do need the Juvenile Justice System. The function of the juvenile court system is to take a somewhat fatherly and protective attitude toward children, whether to offer humanitarian assistance or parental punishment. Juvenile court was primarily established however by a desire to avoid prisons for children by establishing special juvenile court which would not send children to prison. The juvenile court is also used to somewhat scare the young offender with its dark wooden atmosphere and flags to represent how alive the government is. The courts main function however is to find the best rehabilitation method for that individual. Should it be community service, a curfew or counseling, these are just a few options the court has in sentencing a young offender. Parents play a big role in the Juvenile Court System. With the parents at the court hearing, the court can find out if the parent is providing a good home for the juvenile delinquent. The parents also help out in making the decision of rehabilitation, with there past experiences that they bring to the court about the juvenile. Parents can also help out in supervision of the juvenile while he or she is on orders from the court. Most of all, parents are there for moral support of there children and help them get through this difficult run in with the law. The best treatment for many offenders, diversion supporters argue, is little or no treatment. This is the case when an offender is young and charged with nothing more than serious than a status or minor property offense. For these types of youthful offenders and perhaps others, diversion away from the juvenile justice system is thought to be the most effective method of controlling delinquency. This way the juvenile does not get a delinquent self-image and stigmatize them in the eyes of significant others. Some of the programs that are currently being used are Probation, "Scared Straight", Community Treatment, and Institutionalization. Probation currently is the most frequently employed sentencing option. Each year approximately 70 percent of the juveniles adjudicated delinquent by the juvenile justice system courts are sentenced to probation. "Scared-Straight" juveniles were taken to state prisons for intensive confrontation sessions with adult inmates serving long term or life sentences. Using there own experiences as examples, inmates told juveniles of the harsh realities of imprisonment. The purpose was to scare the juvenile straight. Community-based Treatment programs for probationers stand midway between the loose supervision of routine probation and the secure custody characteristic of most correctional facilities for juvenile offenders. Community based programs typically provide more extensive assistance and stricter enforcement of the conditions of probation. Institutionalizing juveniles to public or private correctional facilities has been rehabilitate the young offender. Correctional facilities routinely offer academic and vocational instruction in hope that better-educated and vocationally skilled inmates will be less dependent upon release. Most institutions also supplement these routine efforts with special programs, such as alcohol and other drug counseling. Although the Juvenile Justice System is far from perfect, it is doing a very good job with the resources that it has. Maybe over time and better understanding of the human mind, we will be able to treat juveniles more effectively. Works Cited Little, Michael (1990). Young men in prison. Vermont: Dartmouth. Lundman, Richard J. (1993). Prevention and control of juvenile delinquency. New York: Oxford University Press. Quay, Herbert (1987). Handbook of juvenile delinquency. New York: Wiley-Interscope Pub. f:\12000 essays\law & government (233)\juvenile justice.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ To many Americans today, the country is a hostage-but not from oversea terrorism as one might expect to think. No today, we live in fear from our own children; and these are the same young people who we are entrusting the future of this great country with. According to the Department of Justice report released in November, thirty-eight percent of those arrested for weapons offenses in 1995 were under the age of eighteen (Curriden 66). In the same report, the Bureau of Justice Statistics stated that in 1995 3 out of every 100 eighteen-year-olds was arrested for weapons offenses. A rate three times higher than for males twenty-five to twenty-nine and five times higher than for males thirty to thirty-four (66). Just weeks later the FBI released a report indicating that arrests for youths under eighteen increased by seven percent in 1996 (66). In light of these disturbing statistics, it may not be surprising that the general public is starting to believe its children are getting meaner and more violent. The media, politicians and the American public want something done, and they want it done now. Right now we are beginning to relize that if the situation looks bleak now, it could deteriorate even more in the future. The U.S. Census projects that the juvenile population, reported to be 27.1 million in 1994, will rise to 33.8 million by the year 2004 (67). At the heart of this controversy: the juvenile justice system. For the past several years the system has been under attack by every one from state legislatures to parenteen groups. Our solution to the rising juvenile crime problem- to get tougher. According to a recent USA Today/CNN/Gallup Poll, 60 percent of Americans believe that a teenager convicted of murder should get the death penalty (ollson48). In response to this "get tough" mood, more and more states are passing legislation to try youths as adults for more types of crime at younger ages. Colorado for example has a brand new type of tough love for their juvenile threats to society, this new "love', so it is termed consists of lowering the age so that juveniles as young as fourteen can be sentenced as adults(Hetter 38). This recently instated law, I feel should be Federal law as opposed to state law. The kids these days have no direction, no ambition, and no feelings. As John Firman of the International Association of Chiefs of Police says, "Police officers are encountering more kids with no hope, no fear, no rules, and no life expectancy; the only solution is imprisonment or death; it'll set an example to the rest"(Edmonds 11). Juveniles should receive capitol punishment, they should be imprisoned with adults so that maybe, just maybe we can get to the ones that still have a chance and make a difference for them as well as us. 1995, in San Antonio, Texas, Victoria Dalton a thirteen girl, is convicted of smothering two small children left in care. When interrogated and asked why and how could she do such a thing, her reply was, "they just wouldn't shut up!". Apparently Victoria suffers from migraine headaches, and the two children had pushed her pass her limit. Later during her arrangement, Victoria stated to the judge that she was only thirteen and wondered why she couldn't go home yet(11). Fifteen hundred miles away, in Portland, Oregon. Brandon Roses, ten, is found guilty of murdering his five-year-old sister because he claimed that she was annoying him. Later investigators found out that Brandon's father had told him that killing his sister was "OK", because he was too young to be put in jail. Another investigation is currently under way(11). In Austin, Texas, two young men Efrain Perez and Raul Villareal were both seventeen in June of 1993. As part of Villareal's gang initiation, the boys spent the evening in a open field drinking and fighting among themselves. However shortly before midnight two girls one sixteen and the other fourteen took a short cut through this same open field. The gang members raped and killed the two girls. Perez, Villarreal, and the three nineteen-year-olds await death by lethal injection. The sixth killer, only fifteen years old, is now serving a forty year sentence in prison. Prosecutor Kelly Siegler said Villareal had shown no remorse: "He does not deserve . . . to live among us"(11). Begun in 1889; the first juvenile court was established in Cook County, Ill., some as well as myself would claim that the juvenile justice system has become weak in its old age (Hetter 39). The first known execution of a juvenile on these shores was in 1642: Thomas Graunger, sixteen, of Plymouth Colony, Mass., was hanged for bestiality. The youngest: George Stinney, executed in South Carolina in 1944 at the age of fourteen. He was so small they had trouble fitting him into the electric chair. Records show that since that first execution, about 350 people have been executed for crimes they committed as juveniles (40). A 1988 Supreme Court opinion set the current age limits for execution. Ruling on the Oklahoma case of a fifteen-year-old murderer, the high court declared the death penalty unconstitutional for anyone younger than the age of Sixteen when the crime was committed. "Such a young person is not capable of acting with the degree of culpability that can justify the ultimate penalty," the courts said. Presently, states cannot set their minimum age lower than sixteen, but can set it higher. Twelve states allow the death penalty at 18, Four states at 17, twenty one states at 16, and thirteen states have no death penalty (Olsson 49). Overall the mass of public opinion falls somewhere in the middle. While a strong majority of Americans favor the death penalty for juvenile convicted murderers (77 percent, according to a 1995 CNN/USA TODAY/Gallup Poll), people want capitol punishment to be effectively and fairly dispensed, and ultimately to reduce future violent crime. In short, they want it to work(49). The most basic justification for capitol punishment is what is known as the incapacitation argument: The only way to make sure that murderers don't murder again is to kill them. But with tougher sentencing laws, some death penalty opponents say, the incapacitation argument doesn't carry the weight it once did. Many states now impose life imprisonment with no possibility of parole on the violent offenders. Still, some argue that a life sentence isn't enough. David Pierce of the Washington Legal Foundation says, "The death penalty incapacitates in a way no other form of imprisonment can; also, Inmates do commit crimes behind bars against guards and each other, and they do escape from time to time" (Edmonds 11). As it stands now, almost all juvenile murderers are imprisoned rather than put to death. Even doubling or tripling the number of juvenile executions (the all-time U.S. high was 199 in 1935) would not change the fact that in America the death penalty is chiefly a symbolic threat that is carried out in only a very small percentage of cases (Hetter 44). (The 56 people executed in 1995 represented about 2 percent of the entire death row population.) Efforts to greatly increase the number of executions, such as enacting laws requiring mandatory death sentences for certain crimes, have unfortunetly been ruled unconstitutional by the supreme court (44). The second issue that I feel to be relevant, is the issue of deterrence. The deterrence argument is one of the most frequently involved justifications of the death penalty. The act of death deters future capitol crimes far more effectively than does the prospect of imprisonment, even for a life sentence. A 1994 Gallup Poll revealed 61 percent of Americans believed the death penalty deters murder, and 33 percent said deterrence was their main reason for supporting the death penalty. Experts have been studying the deterrent value of capitol punishment for decades, and a few have claimed to have come up with some scientific data. In 1975, economists Isaac Ehrlich, using a complex statistical analysis of executions and murder rates, concluded the death penalty does deter homicide; to be precise, each execution prevented eight murders a year. More recently, University of North Carolina economist Stephen Layson released an updated statistical analysis that he says supports the deterrence argument. His data confirms that only followed through executions will deter capitol crimes; Layson makes a distinction between the threat of execution and the actual event; implying that we have a surplus appeals (Curriden 70). If we are going to see results from this action we must follow through as much as possible; after all a threat is just a threat but a promise is a promise. The third issue that plays a big role in this capitol issue, is the issue of expense. Some American citizens don't care for the deterrent value, some favor the death penalty over life imprisonment because they are loath to spend tax dollars on a killer's room and board for life. But when the costs are added up, the death penalty turns out to be more expensive than life imprisonment, primarily because lawyers cost a hell of a lot more than prison guards. A 1993 Duke University study of capital cases in North Carolina concluded that the state spent $2.16 million per execution (including juveniles). In Florida, where 34 people have been executed since 1976 second only to the 100 inmates executed in Texas), the cost of each execution has been estimated at $3.2 million, or nearly six times the cost of life imprisonment (71). But a provision in the new Anti-terrorism measure approved just a few weeks ago-limits the number of appeals allowed by death row inmates. With this new law being put into affect, the cost per execution will drop down enough to be out-weighed by the costs of keeping an convicted juvenile or adult murderer in prison for life. The incapacitation, the level of deterrence and the number of American tax dollars that we spend on this issue are the deciding factors. If we as a nation are going to stop a rapidly growing problem (juvenile crime), we are going to have to shy away from morality, and the concept of a value of a life. Since those taking the lives of others don't have morals and don't value their own life as well as anybody else's. The first argument presented to me against the juvenile death penalty, was the alternative of prevention and intervention programs. More specifically, programs designed to modify those young adults who have already murdered, or who have already attempted to murder (these programs also apply to juveniles involved in drugs, gangs, theft and so on). The only problem with these kind of programs is that they don't work; for one they don't place a strong enough emphasis on what they are doing or have already done is wrong. Second the cost of these programs is outrageous; to just get one of these programs off the ground and running would cost close to 46 million dollars. For example, the State of Colorado just spent 42 million dollars on a new juvenile boot camp and a hybrid Youth Offender Program (YOS) (Hetter 45). Director of the Criminal Justice Legal Foundation, Kent Scheidegger states, "there are approximately 42 juvenile prevention and intervention programs across the nation none of which can guarantee that these kids are no longer a threat to society . . . furthermore, if we are to stop whats already out of control, we are going to have to fight fire with fire (i.e. death penalty)" (45). The second and most interesting argument against the juvenile death penalty, was the mention of God. Religious fanatics if you will, are protesting that we are discriminating against Americas youth by attempting to kill them at such a young age. I think ex-reverend Arnold L. Stienberg said it best when he said, "God kills indiscriminately . . . and so shall we" (44). Being a firm believer in God myself, I can somewhat relate to what theses extremists are saying. That a life is precious; and that if we are going legally take a life then we are just as bad those who are taking it illegally. However, what I think these people are not taking into account is fact that what if its you that loses a loved one by some punk kid who could care whether or not you live or die. Most of these juvenile executions are pushed all the way to the electric chair not by the courts, but by the families directly involved (Ollson 55). Many cons of the juvenile death penalty believe it is an injustice weather its a deterrent or not. And here is where the controversy comes in; the fact weather its a deterrent or not is the issue. If we can't set an example to rest, then in all honesty, whats the point in teaching a lesson to that one individual. California Attorney General Dan Lungren says, "The question ought to be whether the death penalty is appropriate, not whether it is injustice; in some cases its the only appropriate measure" (Curriden 72). If the death penalty is to become a common practice, those who make that final decision are going to have ignore the media and the general publics whining and start making decisions based on fact and merit; not on others opinion. Capitol Punishment , like abortion or gun control, is an emotional issue that often crowds out rational debate. Truckloads of evidence purporting to "prove" the death penalty either works or doesn't work have been dumped into the public debate, which is not where it belongs. The Supreme Court Judges are the only ones qualified to make the decision to whether or not a younger or older man should be put to death. Of course other issues such as whether or not there is enough money in the federal budget to allow for execution, are still issues that are to be evaluated be the Supreme Court Judges. Furthermore, Juvenile justice clearly stands at a crossroad for many. Particularly, conservative politicians tend to point to escalating crime rates and argue that punishment deters crime (which I think it does) whether or not they actually believe this or not is another issue. Bottom line, I believe a tougher stance will translate into fewer violent, crimeprone juveniles on the streets. At the same time other juveniles will think twice before committing more crimes. f:\12000 essays\law & government (233)\La Peine Capitale.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Une grande partie des gens croient que quand quelqu'un a pris la vie d'une autre personne, on devrait leur prendre la vie. En revanche, beaucoup d'autres considerent la peine de mort comme un acte barbare- et ils ont des raisons convaincants. Ils suggerent qu'en cas de meutre ce n'est pas seulement le meutrier qui est coupable, mais c'est aussi la societe qui a echoue. Ils disent aussi que quand la societe tue quelqu'un elle aussi devient en effet meutrier. Surtout ils ont peur, comme tout le monde d'ailleurs, que l'on pourrait mener a sa mort un etre innocent Neanmoins je suis de l'opinion en cas de meutre premedite, sans provocation et ou l'auteur du crime est coupable sans aucun doute on devrait appliquer la peine capitale. Pourquoi? D'abord pour exercer un effet de dissuasion et pour eviter toute chance que le meutrier puisse repeter la crime. Dans les pays ou il n'y a pas de peine de mort - tout comme la notre - le meutrier est condamne a prison a perpetuite. Alors malheureusement, la perpetuite est souvent beaucoup moins que le mot suggere. Ici au Canada, par example, un meutrier peut sortir "avec un bon comportement" au but de 12 ans -et on ne peut jamais nous assurer qu'il ne tuerait pas de nouveau. Quand on applique la peine capitale il n'y a plus de possiblite de repetition et en outre la peine de mort peut meme avoir un effet preventif. Un individu penserait un peu plus aux consequences de ses actions avant de tuer quelqu'un s' il savait que la peine de mort lui attendait. Il y a aussi la question de justice pour la famille des victimes. Quand un criminel tue une personne, il n'y a pas une seul victime; le bilan est beaucoup plus grand. Beaucoup d'autres vies ont ete gachees en meme temps. Est ce qu'on peut vraiment dire que la justice a ete servie quand l'auteur du crime qui a pris une vie peut etre en liberte au but de quelques annees, tandis que la famille qui n'a rien fait du tout est condamne a souffrir jusqu'a la fin de ses jours. Je ne puis sentir la peine d'une personne qui a perdu un frere, une soeur, un parent - ou un enfant dans un acte de violence extreme, et je sais que rien ne remplace une personne qui a ete tue; mais ca peut etre une consolation pour ceux qui sont touches d'un tel crime de savoir que le coupable ne le fera plus jamais encore. Le cout, bien sur, figure grand dans mon opinion. Quand on condamne une personne a vie - les frais sont enormes - surtout dans les pays ou la condamnation a perpetuite est vraiment pour la vie. Ca coute des milliers de dollars par an de garder une personne en prison. Dans une epoque ou les services sociaux pour ceux qui ont vraiment besoin d'aide et qui sont innocent des crimes sont coupes jusqu'aux os, et dans un temps ou on trouve - meme ici au Canada - qu'un pourcentage eleve des enfants vivent en pauvrete, avons-nous vraiment les moyens de garder en vie des gens qui ne sortiront jamais du prison? C'est un peu ironique de penser que les amis, les familles et les collegues des victimes des meutres paient leur impots qui vont en partie a soutenir les criminels qui leur ont fait de la peine! En conclusion alors, et je repete que je parles seulement des cas de meutre premedites, sans provocation et quand l'auteur a ete prouve coupable sans aucun doute, je suis en faveur de la peine capitale: en partie pour avoir un effet de dissausion, pour rendre justice aux familles des victimes, et parce que cest imprudent de depenser les grosses sommes d'argent pour soutenir les meutriers. La peine capitale est un acte barbare peut-etre, mais un acte de justice tout de meme. anita f:\12000 essays\law & government (233)\Law An Overview.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ LAW: an Overview Human nature consists of three basic components. These are to live, to propagate and to dominate. If Humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately, there are parameters that exist. These parameters are law. The topic of this paper addresses the type of law that operates in creating potential boundaries for the behavior of states. This law is called the Law of Nations or international law. Patrick Moynihan, a senator from New York, has written a book on this subject called On the Law of Nations. His book argues that states need international law to monitor their actions and to maintain order. He also notes the frequent departures states do from international law. This essay will reflect his plea to return to the norms that international law provides; it will also discuss and identify the moral dilemmas that are present with international law and its relationship with states. The term "laisser aller" or "letting go" is used by Friedrich Nietzsche to describe this state of nature, in which man resides absently of law. His use of the term represents the struggle morality wages against nature and reason. He equates morality in any form, with "tyranny and unreason." Nietzsche proposes that man's natural existence be, in essence, nihilistic. Logically, the political entity known as the state, created by man will inherit these traits. Thus, the conclusion is that the creation and institution of international law are in direct violation to nature. However, international law exists and states "generally" submit themselves to it. . Since most of this law is derived from codified norms of states, the term submission can be used. There is a disservice committed to humanity when the law is broken, not just to those who are weaker in the global community but to the law itself. A violent raping of the law is committed when it is taken in an a la carte form. The constant shifting back and forth from international law to nature creates an incoherent system and a basis for calling the reversion to the natural state, evil. In this setting "illegal" unilateral action is immoral. Conversely, the adherence to the law is equally immoral. This conclusion is drawn from the virtue of integrity. Either have a commitment to comply with morality or completely abstain from a hypocritical form of servicing the law with words and no conformity. Consistency, is an extremely important factor of a system of law. Moynihan argues that the United State has begun to traverse a path leading away from its adherence to international law. "There is clear evidence that the United States is moving away from its long established concern for and advocacy of international legal norms of state behavior." The implication of the United States' departure is extremely troubling. The decline of universalism in world politics can be seen through the example of the United States. Moynihan has no trouble in finding examples in recent history to support his argument. During the Bush Administration two examples are cited of unilateral action condoned by the United States, which are violations of international law. The first is the precedent allowing the Federal Bureau of Investigation apprehend fugitives of United States law anywhere around the world. This violates the principles of sovereignty and jurisdiction. The second example is the United States' raid on the home of the Nicaraguan embassador in Panama. This clearly violates the idea of extraterritorality. These actions are interpreted to be in violation to the very law that the United States constitution promises to up hold. Because of these actions and many others that are frequently taking place all around the globe, an underlying disregard for law in the international community exists. One could conclude that there is no real international law but international suggestion. The moral dilemma does not exist in an isolated location, such as the United States. This is a wide spread enigma that confronts political thinkers of today. The existence of an operational universal system in a predominated arena of nationalism is nearly impossible. The two systems have been shifting since the Treaty of Westphalia, according to Hans Morganthau. He argues that nations are now "the standard-bearers of ethical systems, each of them of national origin and each of them claiming and aspiring to provide a supranational framework moral standards . . . " This powerful argument proposes that the framework has changed. There has been a shift from that common ground to something self-interested. The reason for the shift is nationalism. Each state maintains that they have the moral system which should be universally accepted; thus, only satisfying that part of the international law that is right for them. This gives us international law a la carte and consequently, not a viable system at all. International law exists as hybrid system of law. Unfortunately, consistency is a problem. If this was the case in law on a domestic level there are concessions for enforcement. The international community has no such institution nor stipulation for uniform compliance to its law. This creates a dilemma, how can a grouping of people whose nature is self-interested behave morally without encouragement from a compulsory mechanism? This essay reflects the ideas argued by Patrick Moynihan in the book, On the Law of Nations. Furthermore, it argues the notion of morality in the international community, that either there is complete surrender to its principles or total abstinence in participation. Perhaps one day a solution will arise to successfully solve the dilemmas the world faces in obtaining a world of order. A world where the law is not based on mere custom but a legislature empowered to create laws that are binding to all states. Having a system that allows for enforcement and interpretation of the law will benefit the now chaotic world that hangs on the thread of sanity over the abyss of annihilation f:\12000 essays\law & government (233)\Law and Morality.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ It is not an everyday occurrence that someone must decide the fate of another's life. The dilemma of making a decision that someone must die in order for the others to survive, can obviously be troubling. The process in which the termination of one's life may be easy to make, but to justify that decision is the most difficult one. This paper is given a situation in which a decision of taking one's life is essential. The situation is that a nuclear war has occurred, which has destroyed most of the centres of civilization. There are five people that are that have escaped death by finding their way to a nuclear bunker. These five people consist of a pregnant woman; an old man, who is a retired judge; two teenagers - a fourteen-year-old boy and a sixteen-year-old girl; and a young and healthy woman who is a doctor. They all have been there for fifteen days and they must remain there for an additional fifteen days before they can be rescued. The problem is that although there are five of them in the bunker, there is only enough food for four people to survive for the remaining fifteen days. Rationing the food will not be of any use, because all will die with such a plan. The only way for most of the survivors to live for the next fifteen days is for one to die. Somehow they have contacted an outside source to advise them on the questions of "Who shall die?", and "How should the decision of choosing the person be carried out?" These are all very difficult questions to answer, but something must be done. It is unlikely that someone will voluntarily allow someone to kill them so that the others may live, that is why another form of decision making must be allowed. The best way to do so is probably by that outside aid to suggest that they try drawing lots. For example whoever pulls the shortest straw is the one who dies. With no time to procrastinate, this would seem the most time efficient and fairest way to choose who will die. Of course a reason must be provided to the person who had drawn the shortest straw, and that is the objective of this paper. This essay will explain how the decision will be made that will ultimately take one of the survivor's lives to save the remaining four people. From that explanation of the decision made, it will attempt to justify it. This paper proposes to explain and justify the decision by using legal tools such as Law and Morality, the Meta Rule, and The Doctrine of Necessity. The advice provided on how to carry out the unfortunate death of an innocent person may not be a "right" one, but perhaps it will be legally and morally justified. Law and morality play a large role here, mainly because there is a legal issue and a moral issue associated with the predicament. The reason law has a part in the situation is that after the decision is made, it will be examined legally and must be accountable for its consequences. Morality has its place too, because many will find it morally wrong to take one's life despite any justification. ....there is some connection between law and morality, but the two are clearly not identical. First, morality is only concerned with right or wrong, with the good and evil; law is concerned with lots of things on which there is no right and wrong - procedures for land registration, incorporation and so on. Second, morality is to some extent uncertain and a matter for each individual, law tries to be objective, written down in black and white and there for all to see. Third, morality often leaves things vague and subject to general principle, law goes into specifics.1 From that description of law and morality, it is obvious how they relate to the issue here. When the time comes for one of the five people in the bunker eventually to die, it must be legally justified. The reason for this is that murder is illegal, unless legally justified.2 On the other hand, reasons for the killing must be provided to put to ease those who question the dilemma in accordance to morality. Since law and morality are equally important and both are evenly delicate when dealing with this issue, advising the survivors on what to do will not be easy. Pleasing everybody is impossible, whether it is examined from a legal viewpoint or a moral one. However, if the situation is analysed with both the law and morality issues in mind, there may be a chance that many will see some sort of vindication behind the decision to kill someone. One example that can probably create a good foundation to better explain the complexity of the given situation, is that of the case of R. v. Dudley and Stephens. A basic summary of the case is as follows: Thomas Dudley, Edward Stephens, another man by the name of Brooks, and Richard Parker, who was a boy in his late teens, were the crew of an English yacht. All four of them were cast away in a storm 1,600 miles away from the Cape of Good hope. This boat was not supplied with any water or any food, except a few canned vegetables that lasted them a duration of three days. Being lost at sea, with no food or water, they needed to find someway to keep themselves alive so that they could live long enough for them to be rescued. Many days went by, and within that time they had not eaten or drank anything. Both Dudley and Stephens suggested to Brooks that someone be sacrificed to save the rest, Brooks disagreed, and they never told the boy of the idea. The next suggestion by Dudley and Stephens was that they should draw lots to see who should sacrifice their life to save the others, again Brooks refused and they did not let the boy in on the plan. Eventually the decision that if no vessel were to come around the next day, they should kill the boy. This decision, yet again, came from Dudley and Stephens. Again Brooks disagreed and the boy was never consulted. A day passed and no vessel was in sight. Dudley went to the boy, who was sleeping, and killed him. They fed upon the body of the boy and drank his blood for the following four days when they were finally rescued. After being returned to shore Dudley and Stephens were brought to court, put on trial, and lastly sentenced to death by the court. This decision was eventually brought down to life imprisonment, but then they released Dudley and Stephens after six months.3 The case of R v. Dudley and Stephens is very similar to that of the one being looked at in this essay. In both cases, each group of people do not have enough or any food to survive long enough to be rescued, someone must die in order for the rest to survive, and both situations have legal and moral repercussions. Both Dudley and Stephens had understandable reasons to kill the young boy in order to survive, and could have escaped being sentenced to death if they had done one thing, consulted the boy. By not consulting the boy, an argument can be formulated to prove that they should have never released Dudley and Stephens from their first sentence of death. The boy never consented to his life being taken away from him, but if he were consulted and provided a reason to why he must be killed then perhaps Dudley and Stephens could have avoided any type of punishment. It is probably safe to assume that the boy would have not wanted his life to be taken away from him, and Brooks obviously rejected all of Dudley and Stephens' suggestions, therefore it is apparent that some method of solving disputes was in order. So is the case with the five people in the bunker. Although they are in a dilemma of who and how someone should be chosen to die. Unlike Dudley and Stephens, these five people were able to reach an outside source to aid them with their problem. First of all, this outside source can offer them a method of solving their disputes by administering the Meta Rule. The way in which the Meta Rule operates is as follows, "Disputes are resolved by the decision of one or more persons, once arguments from each side of the issue have been put."4 An outside aid is ideal in such a predicament, because they can offer an objective review of the situation and listen to all the arguments made by those in the bunker; this a process that is called Audialteramparten, which in Latin means "to hear both sides." It is important that the decision-maker hear both sides and that the decision-maker also be a generalist.5 The reason for this, is that by listening to both sides they can know all the concerns that the people in the bunker have, and by being a generalist they can be impartial to the situation, thereby making a rational and fair decision. By imposing the Meta Rule, this outside source can make a decision, and according to the Meta Rule, this must be carried out. Whether or not the decision is "wrong" does not matter, it is imperative and necessary that one be made to resolve the dispute of who, how, and why someone must die. The doctrine of necessity is a very important notion to this case, because it is necessary that someone die in order for the remaining four survive. " 'Necessity knows no law,' it is often said. In other words, you can't be held legally liable for an act you had to do."6 This is what the people in the bunker must remember, and this will legally justify the decision to kill someone. Morally, whether the decision was "right" or "wrong," can be argued till the end of time, but there is no time to accommodate a moral debate. All that is left to do now, is to draw lots and find out who is going to have to die for the others to live. "When the selection has been made by lots, the victim yields of course to their fate; or if they resist, force may be employed to coerce division."7 As harsh as it may sound, if necessity has no legal standing in this situation, it should not stand in any other case. In other words, necessity has been used as an argument to justify one's actions in other cases and is accordingly justifiable in this circumstance. Making a decision on the situation without examining it with knowledge of law and morality, the Meta Rule, and the doctrine of necessity would make it even more difficult to find a rational reason why one of the five people in the bunker should die, let alone justify it. Law and morality illustrated how sensitive a situation such as this can be, and how difficult it is to make a pure legal decision when morals are a large part of everyone's lives. The Meta Rule showed that even when the courts are not present to facilitate a case, there is always another method of resolving disputes legally. Finally, the doctrine of necessity explained why some forms of action are necessary and must be taken and applied to a given condition. It is unfortunate that there are cases in which people, whether or not they know each other, must kill someone else to save their own life. It must be even more disturbing, rather than unfortunate, for a person to sacrifice their life for the welfare of another, nevertheless it is noble. Perhaps this goes to show that when it is absolutely necessary to kill someone in order to preserve one's own life, murder is always justifiable. Works Cited 1 Patrick Fitzgerald and King Mc Shane. Looking at Law: Canada's Legal System. 4th ed. (Ottawa: Tri-Graphic Printing Ltd.) 1994. Pg.3. 2 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. . (North York: Captus Press Inc.) 1995. Pg.24. 3 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. . (North York: Captus Press Inc.) 1995. Pgs.19-24. 4 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996. 5 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996. 6 Carleton Dept. Of Law Casebook Group. Introduction to Legal Studies 2nd ed. . (North York: Captus Press Inc.) 1995. Pg.25. 7 Fraser, D. Fall Term Law Notes for 51.100A. (Carleton University) 1996. f:\12000 essays\law & government (233)\Law Enforcement.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Abstract In order to understand comptemporary law enforcemment, we should recognize the conditions that impact our profession. It is agreed upon by many scholars that major changes in law enforcement occur every five years. Policing is sometimes characterize"... like a sandbar in a river, subject to being changed continuously by the currents in which it is immersed..." (Swanson, Territo and Taylor, p. 2). However, in recent years some major changes have occurred in a shorter time period. Innovations in law enforcement During the past two decades, I have observed major changes in the viewpoint of society towards police officer's as the symbol of trust and dignity, the technological advances of communication and information systems in law enforcement, and the revision of selection and hiring practices for police officers. Organizational change occurs both as a result of internal and external agents (Swanson, Territo and Taylor, p. 664). These changes have manifested both positive and negative reverberations in the way we perform our job. Police officials have contemplated for years over the key to maintaining a positive image for their organization. Unfortunately, several incidents in the past years have altered society's perception of police in some communities. Police in America are no longer strangers to innovation born of scandal. Law enforcement agencies nationwide have repeatedly been shaken by controversy and forced to make undesirable concessions. Has law enforcement failed to maintain the high standards required by the profession? The cost of public trust is high. It increases each time faith must be regain. Historically, law enforcement agencies throughout the nation have experienced periods of low confidence in communities preceding episodes deemed to be a breach of trust. Early pioneers in law enforcement history such as August Vollmer (1902 - 1932). Berkeley Police Department and J. Edgar Hoover (1924) the Federal Bureau of Investigation made numerous advancements towards improving the professionalism of law enforcement (Anderson and Newman, p. 119 - 120). Other attempts were made in 1956 by the International Association of Chiefs of Police adopted "The Law Enforcement Code Of Ethics" (Wilson and McClaren, p.8) Examples of several historical events locally have attributed to society's decline in respect for police. For example, nine members of a Los Angeles County Sheriff's Department special narcotics squad were charged with misappropriating tens of thousands of dollars confiscated in drug raids (L. A. Times, p. 4, Sept. 9, 1989). Another local incident involved 80 Los Angeles police officers stormed and wrecked an apartment and allegedly beat several residents on "Dalton Street." The city was forced to settled in a civil law suit by the resident with a settlement of $3 million dollars of taxpayers money (L. A. Times, p. 1-2, August 1, 1988). This incident generated major outcry from the minority community to overhaul the use of force policy and procedure within the department. Nationally, five New York City police officers were charged with murder in the slaying of a suspect in Queens. All five officers were arraigned on murder charges in the death of Federico Pereira, 21 years of age, a car theft suspect who was punched, kicked, and strangled as he was being arrested. This is one in a string of accusations of bruality made against New York officers in recent years (The New York Times, March 21, 1991, p. A 1). In the south, the incident of Officer Donald Jeffries who was honored as Mississippi's officer of the year in 1993. He alleged that mental stress was a factor in his robbery of a bank, however, a federal judge in Mobile ruled that he was competent to stand trial for the charge (USA Today, May 13, 1994, p. 8 A). The case of Arthur McDuffie (Dec. 17, 1979) in Miami, a black male died after a high speed police chase. The police reports indicated that McDuffie died from being thrown from his motorcycle during the chase. The results of an investigation disclosed that the McDuffie's death may have been caused by police instead of an accident. After being indicted and found not guilty by an all white jury, riots broke out in black neighborhoods, especially Liberty City resulting in arson and looting that left 18 persons dead and more than 300 injured. This catastrophe forced the Miami Police Department to reexamine and revise their use of force policies and procedures (CQ Researcher, p. 645). The Jeffrey L. Dahmer Case characterize a situation when the police fail to properly handle a call of a suspicous nature. Dahmer was charged with murdering at least 15 young males. On May 27, 1993, two Milwaukee citizens reported a naked young male in the middle of the street bleeding and unable to stand. The boy name was Konerak Sinthasomphone, a 14 year of laotain boy. Dahmer was able to persuade the officer that the boy was a live in lover. The boy was later slain by Dahmer in his apartment after the officers left the scene. A storm of portest came from the minority and homosexual communities accused the officers of displaying racial prejudice. The officers were also criticized for dismissing the incident as "a boyfriend-boyfriend thing" (CQ Researcher, p. 637). One of the most celebrated cases in recent times was the beating of a black motorist by several white police officers in Los Angeles. It stirred nationwide concern about police brutality. On March 3, 1991, Rodney Glen King, 25 years of age, was severely beaten by Los Angeles police officers after being stopped at the termination of a vehicle pursuit, which was originally started by the California Highway Patrol. A videotape of the incident is shown repeatedly on television over the next few days. The aftermath of the trial that acquitted the officers involved in the Rodney King beating speaks highly of the sentiment felt in the minority community (ICLAPD, p. 14-15). Another discouraging sign that little has changed is the continuing pattern of police abuse. Most recently on July 29, 1994 Compton Police Officer Michael Jackson was captured on videotape striking a 17 year old male in the head with his baton. This scene did not win sentiment from the public nor revitalize the compassion felt by many after the Rodney King incident. While this incident appears unjustified and even later deemed to be justified, it will not help the image of law enforcement. Some citizens truly believe the police represent the wealthy and not the poor. Two researchers Geoffery P. Alpert and Roger G. Durham (1988) examined different ethics diversed communities in Miami. There, they discovered much more negative and suspicious attitudes toward the police and regard them as "representatives of the majority class", not "agents of social control" (CQ Researcher, p. 650). The media have also contributed to the fracturing by playing up dfferences and tensions. As citizens spend more time working with the police, they learn more about the police function. Experience has shown that as citizen's knowledge of the police increases, their respect for the police increases as well. This increased respect, in turn, leads to greater support for the police. The image of the police might benefit from the implementation of Community-Involved Programs in today's organizations. The Los Angeles Police Department and many other agencies are exploring Community-Based Policing to help heal the wounds left by conduct perceived by the public as police brutality (Los Angeles Times, April 17, 1994). Police administrators must be aware of public opinion because... Public confidence in a police department is directly related to the image that citizens have of their police, and these images are formed from the impressions people gain about law enforcement..." (Earle, p. 20). As society changes, technology changes to address the enormous demands of the world. Police managers across the country are faced with the dilemma of decreased fiscal resources and the same responsibility to maintain high service levels. In order to be effective, law enforcement agencies must aggressively exploit the new technological advances in radio and telephone systems. For the last two decades several technological advances have aided law enforcement in becoming more efficent and effective in serving their communities. For example, in November 1992, the Morgan Hill Police Department's implementation of mail-out reports were handled by the computer system. The department made minor modifications to their PC network-based Computer aided dispatching (CAD) system. The process begins when the police dispatcher receives a call from a victim and types the basic report information into the computer. The computer automatically generate a partially completed, pre-addressed incident report form, which is then mailed to the victim. After the victim completes the form, he or she returns it to the police department. The department received a favorable response from the community on its Citizen Assisted Reporting System (CARS) (California Peace Officer, p. 15). The new technology and equipment available to law enforcement is only limited by the imagination. Several years ago California was the poineer in the use of mobile data terminals (MDTs) in its patrol cars. These low-band radio-driven systems allow officers to access all of the available law enforcement database systems to receive and send messages. Officers could type messages meant just for the dispatcher, and they could send typed messages back and forth to other mobile units (California Peace Officer, p. 13). With the introduction of radio and satellite driven system on the market, law enforcement agencies will be able to link each patrol unit through a laptop computer to a broad array of databases and systems which include NCIC, DMV, CLETS, CJIS, PIN, county records, departmental databases and more. Some systems are capable of displaying a geopgraphical map depicting all previous crimes in an area by type and where they occurred. The reports of all crimes in the last 48 hours can be called to see what was written about the occurrence. These Personal Data Terminal (PDTs) or Mobile Data Computer (MDCs) can also be used to input, transmit or download reports at the station (California Peace Officer, p. 13). The more advanced mobile computer terminals feature built-in peripheral devices such as mobile printers, automatic vehicle locator (AVL), fingerprint scanner, mobile camera, magnetic stripe card reader, and bar code scanner with a color display screen. In summary, the profession of law enforcement is continually changing because of the demands placed on it by society f:\12000 essays\law & government (233)\LAW ESSAY.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ http://www.winternet.com/~terrym/quitsmoke.html http://www.ymn.org/tobacco/youth.rates.shtml Did you know that over 400,000 people die from smoking related diseases each year? I believe that most of this is caused because there are so many advertisements out there for tobacco! Right now, it is only illegal to promote tobacco on the telivision. They allow tobacco to be promoted anywhere else. There should be a law that states that tobacco ads are illegal, anywhere! There are just too many people dieing from a drug that has no positives to it. Among infants to 18 months of age, secondhand smoke is associated with as many as 300,000 cases of bronchitis and pneumonia each year. Smoking is a problem in the World that needs to be stopped. I think that if all the advertisements with all the, "beautiful people" promoting tobacco would stop, then the percentage of smokers would go down significantly! Smoking ads are just about everywhere! In each ad they only show pretty people. There is not one ad out there that shows what a person would really look like if they smoked. Smoking causes aging, yellow teath, yellow fingers, perminate smoke stench, and many other negatve things. There should be alot more ads out there that show the harms tobacco can do. Smoking can do so much damage to the human body. You can get lung ,mouth, nose and throat,larynx , oesophagus,Pancreas,Bladder,Stomach,Myeloid leukaemia, and Kidney cancer from smoking. There are many, many more diseases you can get from smoking. More than 50% of adolescents age 12-13 think there are benefits to smoking. There are so many people out there that don't know the real risk of smoking! The smoking ads need to stop and more ads need to be presented on the harms of smoking. Students who owned cigarette promotional items are more than 4 times more likely to be smokers compared with those who did not own cigarette promotional items. Students in grades 6-9 who own cigarette promotional items are, on average, further along the smoking uptake process compared with those who do not own such items. Students wearing and using cigarette promotional items in schools heightens the perception of approval of tobacco use by peers and promotes smoking as normative behavior. According to estimates, the tobacco industry spends $14 million per day on advertising and promotion. Among children aged 10 and 11 years over 80% of them believe that cigarette advertising probably encourages children to start smoking. Cancers f:\12000 essays\law & government (233)\Law School Essay.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Tony J. Ancelj 548-91-1992 I grew up constantly questioning everything. After school, my dad would admonish me for watching CNN instead of doing my homework. But usually his gentle chiding quickly turned into political banter and my endless array of political questions. Recently, he told me how peculiar it was to see his ten-year-old watching CNN'S Crossfire after school. This early political interest may have seemed strange at the time, but it was really my way of piecing together my father's past. My father escaped the Communist country of Yugoslavia at the age of sixteen. His highest form of education was the United States equivalent of the eighth grade. Despite his lack of formal schooling, he constantly stressed the importance of education in my life. His words of encouragement, his courage to leave his homeland, and his passion for American ideals and civil liberties, inspired me to not only be the first in my family to attend college but to pursue my passion for politics and law. The best decision I have made thus far in my young life is my decision to attend Saint Mary's College. I came to Saint Mary's College with a contradiction in terms. I had a keen interest in politics but an introverted personality that included a fear of public speaking. How would I fare at a Liberal Arts College where class discussion was integral to the curriculum? Although my dad may not have always had answers, and with his heavy accent, he may have left me confused at times, in the end, I remembered how much I learned by simply asking the question in the first place. When I started to speak up in my college classes, the light bulb went off. I may have been afraid to speak in public but I was not afraid to ask questions. The more I asked the more my fears of public speaking were allayed. My job was to understand the world through reading books such as Plato's Republic and Saint Augustine's Confessions. Through more classes and more questions I decided to take a philosophy class. Of course, with all my questions, philosophy was a headache waiting to happen. I was not really going to get any answers to any of my inquiries, but simply, more questions. However, I learned that my questions became more succinct and more important than those that I had before. I questioned my way into an additional Philosophy major. Despite my busy schedule as the newly elected Student Body Vice President, I realized that the busier I was, the better my grades were. When I called home to tell my family of my new position, my dad, his voice shrouded in a thick Slavic accent, asked to speak to "Dick Cheney." He told me how proud he was of me and to remember that I was a student first. Not surprisingly, my role in student government seemed to merge smoothly with my studies. During my time as Vice President for Student Affairs, I assisted in drafting new club charters and constitutions for on-campus organizations such as Habitat for Humanity and the Student Labor Action Coalition. Overseeing over forty on-campus organizations ranging from diversity clubs to recreational sports and student media such as the student newspaper and the campus television station was a constant lesson in management and delegation. I needed to change the way I made decisions. It was no longer about me anymore. Before I made decisions, I began to think about the whole, carefully considering how my actions would affect the groups I represented. As my appreciation and dedication for Saint Mary's College deepened, so too did my involvement in leadership causing me to take on a bigger role as Student Body President. Thus far, as the Associated Students President, I have learned first-hand the process and politics of dealing with different parties. As President, I am the official conduit between students, the administration, and the Board of Trustees and Regents. While I keep in mind I cannot please everyone in every decision I make, I try to maintain a balance of decisions representative of the students' desires and those that are in the best interest of the College. After a year of co-existing co-curricular activities and classes, I decided early on how I would spend my summer. I registered for a U.S. History course at a local community college, and spent my time working at a law firm owned by the former mayor of my hometown, Millbrae, CA. My first day on the job was spent discussing my interests and my duties. After my new boss learned of my passion for politics and constitutional matters, she assigned me to an attorney working on a case involving the First and Fourteenth Amendments. I spent hours in the San Mateo County Law Library researching past cases involving free speech and equal protection cases. I returned to the law firm with research in hand. The attorneys apologized at first for giving me a mundane errand on my first day. But the funny thing was, I enjoyed being surrounded by so much information, so many cases that asked questions upon questions and how different explanations were formulated. It prompted me to once again to ask more questions, particularly asking more of myself. My work at the law firm and my summer school class led me to register for a class on American Legal Institutions and an Honors Independent Study on the American Revolution and Early Republic. My rediscovered interest in History enticed me to add a minor along with my double major in Politics and Philosophy. It seems as I kept asking questions, I kept learning through a new leadership position, new classes, or a new job. I learned more of my interests, my passions and discovered just how much I was capable of accomplishing. My father's hope for me could be summed up in clear and proper English by Robert F. Kennedy. He once said, The future does not belong to those who are content with today, apathetic toward common problems and their fellow man alike, timid and fearful in the face of bold projects and new ideas. Rather, it will belong to those who can blend passion, reason and courage in a personal commitment to the great enterprises and ideals of American society. I was given the opportunities that my father was not. Opportunities of education and freedom. Four years ago, I began college with only a hint at what I could become. Now, molded by education and shaped by my faith, I understand I must blend what I have learned and been given into my future. It all started with a question and someday I will live into the answer. Until then, I will keep asking and keep learning. f:\12000 essays\law & government (233)\Laws of Life Essay.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Thomas Peay Ms. Case Period 3 January 26, 2004 The Accident My father was involved in a very serious car wreck about three years ago. This accident really took our family by surprise. One minute my dad was on his way to a work related meeting and the next minute he was on his way to the hospital. Since our family had never experienced a tragedy like this before, we were all initially in shock. When something happens that you are not expecting, you have no idea what the family reaction will be. The accident presented our family with many life-challenging events. First of all, we were brought very close together as a tremendous support team for my dad. He was very distraught for the first time I can ever remember. He was always the strong one that our family looked up to for guidance and support. Now, the turn of events had him looking to us to support, comfort and guide him. The problem with stepping into a role such as this challenged each of us in our own way. My dad needed us more than ever and yet we were all scared. He not only had physical injuries to recuperate from, but he also had emotional damage related to the accident. Here we were, the five of us huddled together as one. We spent time together reflecting on the importance of loving each other and never taking a day for granted. We also spent time alone trying to figure out why this had to happen to my dad. We can never understand all of the whys in life. Yet, we all try to gain wisdom from the ups and downs we each experience. My dad soon learned that he did not have to go through this alone. Our family had always been there and would always be there to stand behind each other. Families have a tremendous responsibility to each other in life. I would certainly hope that my family would always be there to help me when I need it. Yes, families should always work together to support one another and uphold each other in times of need. Sharing our lives for many years builds relationships that only time and experiences can grow and mature. I am sure that many of the specifics of the accident were kept between my mom and dad. They wanted to maintain a certain level of discretion to avoid scaring my brother, sister and I. However, I do remember that emotions were up and down for many months after the accident. My parents did teach me something valuable through this that I will never forget. Life is too precious to waste our time feuding over the minor inconveniences and situations we encounter. It is more important to build relationships with each other that will last a lifetime. Every day is a new beginning to show kindness and love toward those that are most important to us. My dad has fully recuperated from his physical injuries. However, he still leans on us at times to help him with the emotional trauma that haunts him. I know that he will be all right and I know that I will be there along the way to help with life's journeys. We each have lessons to learn and wisdom to gain as life goes on and on. I am going to take one day at a time and stay focused on what is really important. f:\12000 essays\law & government (233)\Laws of War.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Laws of War The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed, which leads one to the question, "if murder is permissible then what possible "laws of war" could there be?" The answer to this question can be found in the Charter established at the International Military Tribunals at Nuremberg and Tokyo: Crimes against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.1 The above excerpt comes form the Charter of the Tribunal Article 6 section C, which makes it quite clear that in general the "laws of war" are there to protect innocent civilians before and during war. It seems to be a fair idea to have such rules governing armed conflict in order to protect the civilians in the general location of such a conflict. But, when the conflict is over, and if war crimes have been committed, how then are criminals of war brought to justice? The International Military Tribunals held after World War II in Nuremberg on 20 November 1945 and in Tokyo on 3 May 1946 are excellent examples of how such crimes of war are dealt with. (Roberts and Guelff 153-54) But, rather than elaborate on exact details of the Tribunals of Nuremberg and Tokyo a more important matter must be dealt with. What happens when alleged criminals of war are unable to be apprehended and justly tried? Are they forgotten about, or are they sought after such as other criminals are in order to serve justice? What happens if these alleged violators are found residing somewhere other than where their pursuers want to bring them to justice? How does one go about legally obtaining the custody of one such suspect? Some of the answers to these questions can be found in an analysis of how Israel went about obtaining the custody of individuals that it thought to be guilty of Nazi War Crimes. Not only will one find some of the answers to the previously stated questions, but also one will gain an understanding of one facet of international law and how it works. Two cases in specific will be dealt with here. First, the extradition of Adolf Eichmann from Argentina, and second, the extradition of John Demjanjuk from the United States of America. These cases demonstrate two very different ways that Israel went about obtaining the custody of these alleged criminals. The cases also expose the intricacy of International Law in matters of extradition. But, before we begin to examine each of these cases we must first establish Israel's right to judicial processing of alleged Nazi war criminals. To understand the complications involved in Israel placing suspected Nazi war criminals on trial, lets review the history of Israel's situation. During World War II the Nazis were persecuting Jews in their concentration camps. At this time the state of Israel did not exist. The ending of the war meant the ending of the persecution, and when the other countries discovered what the Nazis had done Military Tribunals quickly followed. Some of the accused war criminals were tried and sentenced, but others managed to escape judgement and thus became fugitives running from international law. Israel became a state, and thus, some of the Jews that survived the concentration camps moved to the state largely populated by people of Jewish ancestry. Israel felt a moral commitment because of its large Jewish population and set about searching for the fugitive Nazi war criminals. The situation just described is only a basic overview of what happened. The state of Israel views itself as the nation with the greatest moral jurisdiction for the trial of Nazi war criminals, and other states around the Globe agree with Israel's claim. (Lubet and Reed 1) Former Israeli Attorney General Gideon Hausner was interested in confirming Israel as the place for bringing to justice all those suspected of genocide of Jews. Hausner sought to confirm Israel's status by proposing to the United States that they extradite Bishop Valerian Trifa to Israel for trial as a war criminal. Israel was reluctant to support Hausner's proposal, which resulted in delaying the extradition process and thus gave Trifa the time needed to find a country willing to give him residency. Portugal granted Trifa residency and thus Hausner's proposal was in vain. Israel, sometime after losing their opportunity of obtaining Trifa, decided that Hausner's idea of establishing Israel as the place to bring Nazi war criminals to trial was a good one, which lead them to seek the extradition of John Demjanjuk from the United States. The Wall Street Journal reported: Israel's request for the extradition of a suspected Nazi war criminal living in the U.S. . . appears to be a test case that could determine whether Israel pursues other suspects . . . The decision to seek the extradition of Mr. Demjanjuk follows months of negotiations between U.S. and Israel officials about specific cases and the broader question of whether Israel wanted to go through with extraditions requests . . . Gideon Hausner, who prosecuted Eichmann, said Israel's decision to ask the U.S. to extradite Nazis for trial [in Jerusalem] is an important step. "This creates the opportunity for at least tacit admission of Israel's special position with regard to crimes against Jews anywhere in the world," he says.2 After much negotiations the United States arrested Demjanjuk in November of 1983. On April 15, 1985 United States District Judge Frank Battisti ruled in favor of Demjanjuk's extradition. After the Sixth Court of Appeals affirmed Battisti's ruling and the Supreme Court denied Demjanjuk's petition for certiorari, Demjanjuk arrived in Israel on February 27, 1986. (Lubet and Reed 3) It would appear, from what has been presented, that the extradition process is simple. But this conclusion is not correct because there are a few issues that make extradition problematic. One such issue that complicates the process of extradition is that of identification and proof. Leading Nazi war criminals such as Adolf Eichmann and Klaus Barbie offer no real dispute in the matter of identification, but war criminals that were not so prominent leave room to question whether they truly are who they are accused of being. The type of criminal cases that most of us are familiar with are those that attempt to prove whether a defendant committed a particular act or acts. Extradition cases involve two distinct questions: 1) The prosecution must prove that the defendant is actually the person sought by the requesting country. 2) The court must find probable cause to believe that the accused committed the offense.3 In Demjanjuk extradition case Judge Battisti concluded that identification "requires only a threshold showing probable cause."4 How this threshold is achieved can be done through the aid of a photograph comparison with the accused, fingerprints, or an eyewitness. In the matter of probable cause the appellate court used the formulation of "any evidence warranting the finding that there was reasonable ground to believe the accused guilty."5 Furthermore it has been indicated that the extradition process incorporates these rules: Probable cause to support extradition may be based entirely on hearsay, and the defendant cannot present exculpatory evidence, which the presiding judge would have to weigh or balance.6 It must be kept in mind that the extradition process does not attempt to prove the innocence or guilt of the accused but rather whether the individual is whom he or she is accused of being. The accuracy of the identification is an issue that is resolved during the course of the actual trial, and not in the extradition process. Simply identifying Demjanjuk does not make him extraditable, the requirement of criminality has to be met as well. Concerning the requirement of criminality the Stanford Journal of Law said the following: The rule of dual criminality generally provides that extradition may be had only for acts extraditable by treaty and considered criminal in both the requested and requesting jurisdictions...Since sovereigns rarely define crimes using identical phrases and since treaty terms may be ambiguous or out of date, a substantial jurisprudence has developed interpreting and applying the requirement of criminality.7 In the case of Demjanjuk Israel was charging him with "the crimes of murdering Jews, [which are] offenses under sections 1 to 4 of the Nazi and Nazi Collaborators (Punishment) Law."8 The precise phrase, "murdering Jews," is not mentioned in the United States-Israel Extradition Treaty, also the previously mentioned phrase does not exist in current American penal statute. But, according to the American rule of dual criminality a way away around this small detail can be found: The law does not require that the name by which the crime is described in the two countries shall be the same; nor that the scope of the liability shall be coextensive, or, in other respects, the same in the two countries. It is enough if the particular act charged is criminal in both jurisdictions.9 It is clear to see that the previously mentioned American rule on dual criminality gives the United States the option of recognizing "murdering Jews" as simply to mean "murder." Therefore, the requirement of dual criminality in the case of John Demjanjuk is satisfied. The issues of identification and probable cause, along with the requirement of criminality help to demonstrate the complexities involved in the extradition process. Two more brief issues to consider regarding Demjanjuk's extradition are the questions of extraterritoriality and extratemporality. Extraterritoriality in relation to the case of Demjanjuk would have only been an issue had another country along with Israel requested the extradition of John Demjanjuk. In the case where two countries are requesting the same individual the Secretary of State would have to weigh the various forums' contacts in order to determine which request to honor. Israel has unofficially been recognized as the desirable nation for bringing Nazi war criminals to trial. Germany, Poland, and the U.S.S.R., for example, all waived their potential requests for the extradition of Eichmann in favor of trial by Israel. (Lubet and Reed 44-45) In the matter of extratemporality, the trial judge presiding over the Demjanjuk case ruled that murder was not barred by lapse of time because the United States recognizes no statue of limitations for that offense. (Lubet and Reed 58) Even if murder were to be barred by lapse of time Demjanjuk could still have been extradited because of his misrepresentation of his wartime activities during his immigration process. Demjanjuk could have then been viewed as fleeing from justice and thus no statute of limitations would have been extended to him. The extradition process of Demjanjuk because it only involves two countries would appear to be an easy process to complete. Even when countries are cooperative, as were the United States and Israel, concerning extradition it is clear that issues such as identification and probable cause, requirement of criminality, extraterritoriality, and extratemporality demonstrate how complex the process of extradition can be. Certainly, Israel could have avoided the complexities and length of time involved in extradition and gone about obtaining Demjanjuk the same way they obtained Eichmann, but that method, although it was effective, caused a bit of a commotion in the international community. Adolf Eichmann of the Reich Security Main Office was the alleged strategist behind the so-called "final solution of the Jewish question."10 There have been roughly six million murders attributed to him, so it is easy to understand why concentration camp survivors spent fifteen years searching for him. Perseverance paid off when Eichmann was found in Argentina living under an assumed name. A group of volunteers, some of whom were Israeli citizens acting without the support or direction of the Israeli Government, removed Eichmann from Argentina and brought him to Israel where they turned him over to government so that a trial could take place. So far it can be seen that this method of extradition is quicker and less complicated than the Demjanjuk method of extradition. There is no need for identification or probable cause, requirement of dual criminality, extraterritoriality, or extratemporality. The process is as simple as it sounds; Eichmann was found and Eichmann was removed. Although the method for extradition of Eichmann was quick it did result in leaving Argentina very upset. Argentina felt that Israel's exercise of authority upon Argentine territory was an infringement on its sovereignty. Israel defended itself by claiming that Eichmann left Argentina voluntarily, and the Israeli Government claimed that the group that removed Eichmann was working under its own direction and not that of the Israeli Government. Israel even went so far as to issue a letter expressing their regrets for the actions taken by the free acting group: If the volunteer group violated Argentine law or interfered with matters within the sovereignty of Argentina, the Government of Israel wishes to express its regrets.11 Argentina's rejoined that even if Eichmann left Argentina on his own free will that Israel should be responsible for the actions of the private persons who were Israeli citizens. One simple point to be made here in reply to Argentina's argument is that only some of the persons involved with the Eichmann removal were Israeli citizens. There is a small possibility that the persons who were Israeli citizens were only mere accessories to the act, guilty of only marginal involvement. Furthermore, the responsibility of states in connection with the acts of private persons is predicated upon territorial jurisdiction and not the bond of nationality. (Svarlien 136) Israel has no jurisdiction within Argentina and thus has no power over the actions of its citizens within Argentina's borders. The sole power of jurisdiction in this matter lays in the hands of Argentina, and since the claim that Eichmann left voluntarily has neither been shown to be false or expressly denied it appears that no real Argentine law has been violated. Argentina went on further to argue that Israel's note expressing their regret in the matter of Eichmann's removal can be viewed as an apology, which constitutes an admission of guilt. The phrasing of the note of regret sent by Israel is embedded clearly with conditional terms, which makes it difficult, if not impossible, to derive an admission of guilt from it. At no time in the note does Israel praise or approve the volunteer group actions, and neither does Israel try to justify what was done. If anything can clearly be derived from the note it is that Israel in fact does regret the actions of the volunteer group, and possibly even condemns their behavior. But, Argentina's claim that the note is an admission of guilt is hardly an argument worth pursuing. Argentina's strongest argument against the abduction of Eichmann is that Israel chose to detain Eichmann after he had been captured. Argentina claimed that even though the abduction of Eichmann was an act committed by private citizens, the Israeli Government's decision to detain and try Eichmann made them an accessory. This point is Argentina's strongest argument because it is known that the jurisdiction of the court reaches only as far as the borders of the state of which it is in. If the court had no jurisdiction in the nation of the original seizure, then by what right does that court have to detain and try the accused? The only problem with Argentina's final argument on the Eichmann abduction is that proof of forcible seizure or arrest must be presented. Since the abductors were acting of their own free will it is doubtful that they arrested Eichmann in the name of Israel. It is, however, quite possible that the abductors used some force in the removal of Eichmann, but again, use of force must be proved to give validity to Argentina's final argument. Argentina filed a complaint with the United Nations Security Council under Article 33 claiming that Israel violated international law, which created an atmosphere of insecurity and distrust jeopardizing the preservation of international peace. (Silving 312) After the presentation of arguments and debates before the Security Council the follow declarations were made: violation of the sovereignty of a Member State is incompatible with the Charter of the United Nations; repetition of acts such as that giving rise to this situation would involve a breach of the principles upon which international order is founded creating an atmosphere of insecurity and distrust incompatible with the preservation of peace. The "adjudicative" part of the resolution. 1. Declares that acts such as that under considerations, which affect the sovereignty of a Member State and therefore cause international friction, may, if repeated, endanger international peace and security; 2. Requests the Government of Israel to make appropriate reparation in accordance with the Charter of the United Nations and rules of international law.12 The important part of the resolutions that the United Nations reached is the phrase "if repeated." It is almost as if the United Nations said, "this time we will let the infringement go, but next we will take action." Considering the unique character of the crimes attributed to Eichmann, and since such crimes are, for the most part, universally condemned, Israel's breach of international law seems to have been tolerated. It is quite possible that had the person who was removed been someone other than Eichmann the result of the United Nations Security Council would have been much different. The two cases of extradition expose the complexities of international law. In the case of Demjanjuk, Israel went about the extradition process in the correct manner, which resulted in the issues of identification and probable cause, requirement of criminality, extraterritoriality, and extratemporality. When Israel went about obtaining Adolf Eichmann the issues dealt with were ones resulting from the method of Eichmann's apprehension. Eichmann's removal from Argentina brought to light the issue of violation of a country's sovereignty. In both cases because the accused were being charged with Nazi war crimes, specifically genocide, there cases seem to get a little leeway and are not dealt with as extremely as other cases might be. Nevertheless, their cases demonstrate how one goes about bringing to justice those charged with violating the laws of war. FOOTNOTES 1 Roberts, Adam, and Richard Guelff, ed. Documents of the Laws of War. (Oxford: Clarendon Press, 1982.) 155. 2 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 3. 3 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 15. 4 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 15. 5 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 18. 6 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 18. 7 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 20. 8 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 23. 9 Lubert, Steven, and Jan Stern Reed. "Extradition of Nazis from the United States to Israel: A Survey of Issues in Transnational Criminal Law." Stanford Journal of International Law. 23 (1986): 23. 10 Silving, Helen. "In Re Eichmann: A Dilemma of Law and Morality" The American Journal of International Law 55 (1961):311. 11 Silving, Helen. "In Re Eichmann: A Dilemma of Law and Morality" The American Journal of International Law 55 (1961):318. 12 Silving, Helen. "In Re Eichmann: A Dilemma of Law and Morality" The American Journal of International Law 55 (1961):313. f:\12000 essays\law & government (233)\Legal CAT.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Legal C.A.T. 1 On March 23rd 1994 the Child Sex Tourism bill was introduced into the House of Representatives. This act, which amended the Crimes Act of 1914, enabling the Australian government to prosecute Australian child sex offenders overseas. Before the introduction of this new legislation, if an offence was committed overseas and not punished whilst in the country, Australian law officials were powerless. The proposed changes in the law are to deal with the following issues: Firstly sexual offences committed by Australian Residents overseas, particularly in relation to acts of paedophilia committed within the major trouble spot, Asia. This section refers to anyone who commits a sexual act on a child under the age of sixteen, at the time that the offence was committed. Also the changes intend to deal with organisations that may run or promote child sex tours, such as travel agencies and the like, who have specifically run sex tour packages. Defences to these offences such as stating that the defendant had no knowledge of the child's age will be also targeted, as currently, this is a major stumbling block on the course to justice. Finally to save time and cost, video link hearings will be setup between the child in question overseas, and the Australian courts. The changes stated above were required to not only protect abused children residing overseas, but to prove that the Australian Government is in touch with the community values within Australian cities. The amendments made to the law were needed because of the shameful amount of Australians indulging in sex practices with minors in countries other than Australia. Before the law was amended the general feeling among those involved in the process was that the Child Sex Tourism Act would have to carry severe penalties with it. The reason for such hefty penalties is that the law had the potential to be more of a deterrent to 'would be' offenders and to also reflect the desire of the Australian community. It was obvious ever since the Act was drafted that it would, by no means, be an easy law to enforce. Within the Australian community many high ranking authorities expressed their attitudes towards the new law publicly. Several of the comments spoken appeared one sided, also, many conflicted with opinions already offered to the public in regard to fair trials. "If Parliaments adopted this (Bill) it would be an absolute outrage, firstly, because you would have people wanting it in other legislation. You would throw aside 200 years of criminal justice with fairness for the accused. Fairness for the accused is also fairness for the community." This statement was expressed by Mr. John Dowd. Another statement that supports the argument Mr. John Dowd presents, is the response Mr. Martin Sides, QC, offers. "It is my view that there are significant and powerful procedures that are not available to accused persons or, for that matter, the prosecution, in this legislative scheme." In conflict with the views of Mr. John Dowd and Mr. Martin Sides, Senator Margaret Reynolds presented this argument. "I do not propose to comment on the technicalities of the Bill except to emphasise that it is essential that the intention of the Bill be fully maximised. The significance of the Bill's deterrent effect must not be jeopardised by any legal uncertainty which could result in an unsuccessful prosecution." The first two statements mentioned in the above paragraphs offer the view that the Bill will obstruct the right of an individual to undergo a far trial. In conflict with these statements, Senator Margaret Reynolds accentuates that the Bill enforced with its full potential, as act as a deterrent, against 'would be' offenders. She expressed that if this task is accomplished, there would be no question of an unfair trial. During the campaign to introduce the new act into the law, many groups of individuals and institutions played an active role in the process of introducing the new law. Whether their part be major or minor, all of the institutions mentioned in the following paragraphs helped to introduce the amendment into the Crimes Act. ECPAT is a well known institution that has played a leading role in the campaign to stop child sex tourism in Asia; as the name suggests: ECPAT (End Child Prostitution In Asian Tourism). ECPAT consists of several community minded groups who all gel together to shape a well rounded institution with a lot of influence within the nation. The institution as a whole carried out an education campaign within Australia. This education campaign focussed on the abundance of child sex tourism. LAWASIA is another group of individuals that devoted many hours of their time in assuring the new legislation was passed in Parliament. LAWASIA is a group of private attorneys that, in 1993 assembled the first World Congress on Family Law and Children's Rights. This convention expressed overwhelming support for the new legislation. Another first in the way of conventions was the first World Congress on the Commercial Sexual Exploitation of Children. The convention was held in Stockholm and was attended by officials from 115 nations and also representatives from over 400 non-government organisations. This convention debated the widespread issue of child sex tourism, in particular, Cambodia was targeted. Cambodia was specifically targeted as in 1990, it was estimated that there was about 1500 commercial sex workers. The UNICEF organisation now estimates there to be more than 50, 000 commercial sex workers, with almost half of that figure under the age of 18. These alarming figures certainly help to alert the governments of the world that the Child Sex Tourism industry is booming and it must be stopped. Prior to the introduction of the amendment in the Crimes Act, regarding child sex tourism, many demands were made for the change in the law. A report was produced by the Standing Committee on Legal and Constitutional Affairs, it was titled "Crimes (Child Sex Tourism) Amendment Bill 1994". This publication contained many recommendations which were made by the standing committee, they included, recommendations that the Attorney-General and the Minister for Justice, advise the states to take action in regards to the recommendations made in the report. The committee recommended that the Bill protect people under this Act as it would under any other law. A recommendation was also given that in the cases where video link is to be incorporated, the tradition of the fair trial must be upheld. The final recommendation made by the report was that there should be a large degree of discussion between all parties before the introduction of the amendment. In response to these recommendations and pressure from other non-government institutions, such as ECPAT, on the 5th of July, 1994, the legislation to protect overseas children from Australian sex offenders, came into effect. This legislation was finally brought into effect after many hours of furious debate between many parties. The majority of these parties believed that the legislation had great potential, and with this support, in a democratic society, the legislation was finally passed and the law was amended. The legislation was drafted to incorporate many features that were recommended by the Standing Committee on Legal and Constitutional Affairs. Video links were established in court cases where the child in question, was located in an overseas country. This saved the courts time and money, but it also creates the possibility of the child being made-up to appear younger or older, all depending on who is paying the most, the defendant, or one of his enemies. Many of the groups spoken about in the above paragraphs did not go 'out on a limb' with their views, they merely reflected the values which the majority of the community supports. A commanding value among the community of Australian citizens is that sex between minors and adults should be outlawed to an upmost extent, even if this means chasing offenders overseas. With that value in mind, the Child Sex Tourism Legislation was drafted. Community values reflect largely in the legislation. As a whole, the Australian community respects the children of the world, and their right to innocence. This innocence can be shattered by pimps who do not have the same respect for children that many Australians share. Hefty penalties which are associated with the legislation reflect this one major community value. The maximum penalty carried with the Child Sex Tourism Act is seventeen years imprisonment. Although, some may think that this maximum penalty is rather severe, in order to please the majority of the community and to act as a deterrent, the penalties were set. Before the legislation was drafted, Parliament established a Standing Committee to research these community values in association to child sex tourism and to later submit a report to Parliament containing recommendations. The report which Parliament requested was completed in May 1994 and contained several recommendations which were mentioned above. To this report Parliament reacted swiftly in drafting the Child Sex Tourism legislation and clearing a quick passage for the legislation to pass through Parliament. The speed at which the legislation was passed was due to the overwhelming support showed by all Government parties in the introduction of the legislation. The legislation incorporated all of the recommendations given by the Standing Committee, which gives an indication of Parliaments intention in pleasing the communities values in passing this legislation. Parliament respected the wishes of the community by including hefty penalties for not only having sex with a minor but also other offences including, committing an act of indecency on a child and submitting to an act of indecency committed by a child. Both of these offences carry a maximum penalty of twelve years imprisonment. In the drafting of the legislation, Parliament was restricted by the amount of man power which could be assigned to uphold a law against offences committed in other countries. This restriction was found to be even harder to overcome as many of the law officials overseas were easily bribed by wealthy Australian business men. To overcome this restriction Parliament realised the law would have to act well as a preventative measure The Child Sex Tourism legislation brings about a mile stone for the Australian judicial system. This is the first piece of legislation that allows the prosecution of Australian residents when the offence is committed overseas since the introduction of the war crimes legislation over six years ago. The legislation has also brought with it an increasing awareness of the practices which a small minority of Australian residents and companies choose to indulge in. The implementation of the new legislation must act as quite a deterrent to those within the community who are involved in these practises. It has also opened up a whole new Pandora's box of possibilities in relation to other laws being implement in the same fashion. As a whole the majority of members within the community are pleased with the final result. After many hours of public debate and furious pressure from advocate groups, the federal Parliament has shown that although a crime which, if committed in an Australia would be harshly dealt with, it cannot be committed in a more socially relaxed country. Although sound in theory the legislation has many a problem in practice. This problems were shown specifically in the case brought against the Australian diplomat, Mr John Holloway. Mr Holloway was accused of having sexual intercourse with a child under the age of 16, but the trial was abandoned due to insufficient evidence. 1913 WORDS BIBLIOGRAPHY 1). "A legal brake on Parliament" The Australian, 15 November 1996. 2). "Crimes (Child Sex Tourism) Amendment Bill 1994, Second Reading" Weekly Senate Hansard, 30 June 1994. 3). "Crimes (Child Sex Tourism) Amendment Bill 1994" House of Representatives Standing Committee on Legal and Constitutional Affairs, May 1994. 4). Farrar, P. "Comview" 1996. 5). "Fordham International Law Journal" Volume. 18:1852. 6). "Pedophiles likely to flout new law" Herald Sun, (1st edition), 22 March 1995. 7). "Police urge new strategy to hit child-sex tourism" The Age, 15 November 1996. 8). "Sex Slaves" The Age, 26 August 1996. 9). "The children's crusade" The Age, 16 November 1995. 10). "UN report urges ban on child sex" The Age, 13 March 1993. f:\12000 essays\law & government (233)\Legal Issues in Nursing for BSN.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Running Head: Case Case 1 Legal Issues Case Study Case 2 Nursing Situation: Cindy Black (fictitious name), a four-year-old child with wheezing, was brought into the emergency room by her mother for treatment at XYZ (fictitious name) hospital at 9:12 p.m. on Friday, May 13. Initial triage assessment revealed that Cindy was suffering from a sore throat, wheezing bilaterally throughout all lung fields, seal-like cough, shortness of breath (SOB), bilateral ear pain. Vital signs on admission were pulse rate 160, respiratory rate 28, and a temperature of 101.6 °Fahrenheit (F) (rectal). Cindy Black was admitted to the emergency department for treatment. Notes written by the emergency department physician on initial examination read, "Croupy female; course breath sounds with wheezing; mild bilateral tympanic membrane hyperemia. Chest X-ray reveals bilateral infiltrates." Medication prescribed included Tylenol (acetaminophen) 325 mg orally for elevated temperature, Bronkephrine (ethylnorepinephrine hydrochloride) 0.1 millimeter subcutaneous, and monitor results. Nurse Slighta Hand, RN (fictitious name) administered the medication as ordered and the child was observed for thirty minutes. Miss Hand's charting was brief, almost illegible, and read, "Medicines given as prescribed. Cindy observed without positive results. Physician notified." The physician examined the child; notes read that the child had "minimal clearing" in response to the bronchodilator. The following medications were then prescribed: Elixir of turpenhydrate with codeine one milliliter by mouth, Gantrinsin (sulfisoxazole) 10 Case 3 milliliters, and Quibron (theophylline-glycerol guaiacolate) 10 milliliters. Nurse Slighta Hand, RN charted the medications were given as prescribed. Her note at 11:08 p.m. read, "Vomiting; unable to retain medicine. Respiration increased (54), temperature 101.4°F (rectal); wheezing with increased difficulty breathing." No further notes were made regarding Cindy's condition on the emergency department record by the nurse, except to state that at 12:04 am, "child released from emergency department." Thirty minutes after discharge from the emergency department, Cindy Black was brought back to the hospital. This time her vital signs were absent, her skin was warm without mottling, and the pupils of the eye were dilated but reacted slowly to light. Cardiopulmonary resuscitation was instituted without success, and Cindy Black was pronounced dead. Departure from professional standards of nursing care: In every nursing malpractice case the defendant nurse's conduct is measured against that of a reasonably prudent nurse under the same or similar circumstances. Departure from the professional standards of nursing care for the first admission to the emergency department included the following deviations: · Failure to assess Cindy Black comprehensively upon discharge · Failure to assess the patient systematically for the duration of the emergency department visit Case 4 · Failure of Miss Slighta Hand, RN to inform the physician that the patient did not improve after treatment Legal implications: Analysis of the legal implications of the various nursing actions which would affect the outcome of a lawsuit includes monitoring the patient's condition and reporting changes therein to the physician, failure to communicate pertinent observations to the physician, and inadequate charting of important information. "Monitoring the patient's condition and reporting changes therein is one of the nurse's prime responsibilities. Nurses who fail to record their observations run the risk of being unable to convince a jury that such observations actually were made (Bernzweig, 1996, p. 171)." Nurses must constantly evaluate a wealth of information and results, and as soon as they become aware of any significant medical data, dangerous circumstances, or a dramatic worsening of the patient's condition, "they are required to communicate this information to the treating physician at once. Their failure to communicate these observations can have disastrous consequences and will certainly increase the chances for malpractice litigation (Bernzweig, 1996, p. 177)." Case 5 Alterations in the nurse's behavior: Children with respiratory problems need skilled and competent nursing care. The symptoms of hypoxemia, a complication of respiratory problems, are often insidious. Frequently, there is peripheral vasoconstriction with accompanying skin color changes. Tachypnea, tachycardia, anxiety, and confusion may ensue. It is the nurse's responsibility to observe, evaluate, and document the patient's condition. In the emergency department, the nurse is the member of the health-care team who has the greatest contact with the patient. Any significant change in the patient's condition, based upon nursing observation, must be promptly communicated to the physician. The nurse should have informed the physician promptly of the 11:08 p.m. observations. These indicated that the child's condition was not improving but was, in fact, deteriorating. Before processing the discharge order, the nurse should have communicated to the physician that the child had failed to improve with treatment and more aggressive therapy would have been followed, possibly including hospital admission. Conforming to legal standards and high quality care: Nursing malpractice exists because it is human to make mistakes under stress, and nurses must function in a stressful environment. Nursing malpractice can be minimized if the nurse utilizes the nursing process and delivers patient care that conforms to the Case 6 prevailing professional standards. Fundamental to the nursing process is a complete initial nursing assessment and history, followed by continuous systematic patient assessment. The initial nursing assessment in the record was incomplete. This assessment of the child should have included such information as follows: · General appearance: height and weight in relation to age, development of the body, color of the skin, posture, facial expression, presence of fatigue or hyperactivity, gait, an presence/absence of apprehension · Neurological status: level of consciousness, signs of menigeal irritation · Vital signs: temperature, respiration (rate, rhythm, character), pulse (rate, rhythm, quality), and blood pressure. · Skin: color, temperature, presence/absence of eruptions, cyanosis, erythema, icterus, petechiae, cysts, trauma, and scars · Developmental status · Disease status: breath sounds, presence/absence of congestion and/or distressed breathing, appearance of the tympanic membranes, and appearance of the throat, mouth and nose In addition, the nurse's notes for the entire emergency department admission were inadequate and incomplete. These notes should have reflected the execution of the physician's orders as well as pertinent nursing observations. Acceptable nursing care for Case 7 children with respiratory problems involves more detailed nursing observations than those in Cindy Black's medical record. A nurse has the knowledge base to make and record the following nursing observations: · General appearance of the child (every 15 minutes) · Body temperature (every 30 minutes) · Pulse rate, rhythm, quality (every 15 minutes) · Respiratory rate, rhythm, character (every 15 minutes) · Patency of the airway (at least every 15 minutes, more if in distress) · Blood pressure (every 30 to 60 minutes) · Skin color and temperature (every 15 minutes) · Level of consciousness (every 15 minutes) · Emesis amount, character, and frequency Summary: Communication throughout the nursing process is crucial for the provision of safe patient care consistent with the prevailing professional standard. Spoken communication among all members of the health-care team, and especially between nurse and physician for clarifying orders, planning patient care, and reporting significant patient observations is vital to the nursing process. Equally important is written communication by the nurse in the form of prompt and accurate entries in the medical record. References Bernzweig, E. (1996). The nurse's liability for malpractice. (6th ed.). St. Louis: Mosby Creasia, J. and Parker, B. (1991). Conceptual foundations of professional nursing practice. St. Louis: Mosby Earnest, V. (1993). Clinical skills in nursing practice. (2nd ed.). Philadelphia: J. B. Lippincott f:\12000 essays\law & government (233)\legalizing marijuana.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The New Deal During the 1930's, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the United States and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930's, shaking the foundations of Western capitalism. The New Deal describes the program of US president Franklin D. Roosevelt from 1933 to 1939 of relief, recovery, and reform. These new policies aimed to solve the economic problems created by the depression of the 1930's. When Roosevelt was nominated, he said, "I pledge you, I pledge myself, to a new deal for the American people." The New Deal included federal action of unprecedented scope to stimulate industrial recovery, assist victims of the Depression, guarantee minimum living standards, and prevent future economic crises. Many economic, political, and social factors lead up to the New Deal. Staggering statistics, like a 25% unemployment rate, and the fact that 20% of NYC school children were under weight and malnourished, made it clear immediate action was necessary. In the first two years, the New Deal was concerned mainly with relief, setting up shelters and soup kitchens to feed the millions of unemployed. However as time progressed, the focus shifted towards recovery. In order to accomplish this monumental task, several agencies were created. The National Recovery Administration (NRA) was the keystone of the early new deal program launched by Roosevelt. It was created in June 1933 under the terms of the National Industrial Recovery Act. The NRA permitted businesses to draft "codes of fair competition," with presidential approval, that regulated prices, wages, working conditions, and credit terms. Businesses that complied with the codes were exempted from antitrust laws, and workers were given the right to organize unions and bargain collectively. After that, the government set up long-range goals which included permanent recovery, and a reform of current abuses. Particularly those that produced the boom-or-bust catastrophe. The NRA gave the President power to regulate interstate commerce. This power was originally given to Congress. While the NRA was effective, it was bringing America closer to socialism by giving the President unconstitutional powers. In May 1935 the US Supreme Court, in Schechter Poultry Corporation V. United States, unanimously declared the NRA unconstitutional on the grounds that the code-drafting process was unconstitutional. Another New Deal measure under Title II of the National Industrial Recovery Act of June 1933, the Public Works Administration (PWA), was designed to stimulate US industrial recovery by pumping federal funds into large-scale construction projects. The head of the PWA exercised extreme caution in allocating funds, and this did not stimulate the rapid revival of US industry that New Dealers had hoped for. The PWA spent $6 billion enabling building contractors to employ approximately 650,000 workers who might otherwise have been jobless. The PWA built everything from schools and libraries to roads and highways. The agency also financed the construction of cruisers, aircraft carriers, and destroyers for the navy. In addition, the New Deal program founded the Works Projects Administration in 1939. It was the most important New Deal work-relief agency. The WPA developed relief programs to preserve peoples skills and self-respect by providing useful work during a period of massive unemployment. From 1935 to 1943 the WPA provided approximately 8 million jobs at a cost of more than $11 billion. This funded the construction of thousands of public buildings and facilities. In addition, the WPA sponsored the Federal Theater Project, Federal Art Project, and Federal Writers' Project providing work for people in the arts. In 1943, after the onset of wartime prosperity, Roosevelt terminated the WPA. One of the most well known, The Social Security Act, created a system of old-age pensions and unemployment insurance, which is still around today. Social security consists of public programs to protect workers and their families from income losses associated with old age, illness, unemployment, or death. The Fair Labor Standards Act (1938) established a federal Minimum Wage and maximum-hours policy. The minimum wage, 25 cents per hour, applied to many workers engaged in interstate commerce. The law was intended to prevent competitive wage cutting by employers during the Depression. After the law was passed, wages began to rise as the economy turned to war production. Wages and prices continued to rise, and the original minimum wage ceased to be relevant. However, this new law still excluded millions of working people, as did social security. However, a severe recession led many people to turn against New Deal policies. In addition, World War II erupted in September 1939. Causing an enormous growth in the economy as war goods were once again in great demand. No major New Deal legislation was enacted after 1938. The Depression was a devastating event in America, and by regulating banks and the stock market the New Deal eliminated the dubious financial practices that had helped precipitate the Great Depression. However, Roosevelt's chief fiscal tool, deficit spending, proved to be ineffective in averting downturns in the economy. f:\12000 essays\law & government (233)\Maritime Law.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The value of many shipments depends upon fluctuations in the currency rates, freight, handling charges, and other expenses. By means of insurance protection will be provided to goods from any uncontrollable variables. A contract of Marine Insurance is defined by section 7 of the Marine Insurance Act of 1909 as: "A contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure." The purpose of marine insurance is to provide protection against financial loss for an amount, which is as close as possible to the actual loss recognized. Marine insurance is a contract by which one party for a specified consideration promises to pay another party a sum of money on the loss of goods that are subject to marine transport. Therefore marine insurance is a contract of indemnity, which is a contract of reimbursement, and the amount redeemable is measured by the extent of the assured's or the insured's financial loss. The terms and conditions of the contract entered into with the insurer determine the amount of reimbursement that is to be received by the insured. A contract of marine insurance is embodied in a policy, which specifies: "1- The name of the insured, or of some person who effects the insurance on his behalf. 2- The subject matter insured and the risk insured against. 3- The voyage, or period of time, or both, as the case may be, covered by the insurance. 4- The sum or sums insured. 5- The names of the insurers." The promissor in an insurance contract is called the insurer or underwriter, the person to whom the promise is made is the insured, assured or the policyholder and finally the contract is referred as the policy. In order to avoid these situations marine cargo insurance has different coverage for different purposes. http://uniserve.edu.au/law/pub/icl/marincon/MarineInsuranceandCargoCla.html http://ra.irv.uit.no/trade_law/documents/insurance/mia_1906/art/mia_1906.html#01 General Average Loss 55 Section 72(1) says that a general average loss is any loss or damage voluntarily incurred for the general safety of the ship and cargo. For example, where goods are thrown overboard in a storm for the purposes of saving a ship, and the rest of the cargo. The Admiral Zmajevic (1983) 2 LLR 86. 56 Section 72(3) says that the several persons interested in the ship, freight and cargo must contribute rateably to indemnify the person whose goods have been sacrificed against all but his proportion of the general loss. 1.Does your policy cover perils? 2.Does it cover war risks and riots? Due to events like the Los Angeles 3.Does it cover? Nature of Marine Insurance 1 Marine Insurance deals with the insurance of marine risks. 5 There are a number of terms used in marine insurance, as follows: 5.1 The contract of Marine Insurance is generally referred to as the Policy; 5.2 The insurer is the underwriter; 5.3 The property insured is called the subject matter of the insurance; 5.4 The assured's interest in that subject matter is called the insurable interest; 5.5 The payment or consideration for which the insurer undertakes to indemnify the insured is called the premium. http://ra.irv.uit.no/trade_law/documents/insurance/mia_1906/art/mia_1906.html#01 Does your policy cover perils. This is damage caused to your goods due to: heavy weather conditions, salt water damage, collisions, fires, jettisons (voluntary dumping overboard of either cargo or ship's material to protect property from a common danger)? 2.Does it cover war risks and riots? Due to events like the recent Los Angeles riots and warlike situations occurring worldwide, this point needs much attention and consideration. Situations arise most often without warning and may result in damage to your merchandise. 3.Does it cover General Average? This is a loss resulting from a voluntary sacrifice of any part of the vessel or cargo, or an expenditure to safeguard the vessel and the remainder of the cargo. In a declared General Average, the financial responsibility you bear is determined by the value of your cargo in relation to the total values involved in the voyage. This cost can sometimes total more than the value of your merchandise. http://www.ghgcorp.com/ftnet/pubserv/brokerag.html#INSURANCE MARINE CARGO INSURANCE AGREEMENT (Sample Agreement) Policy Number: Assured: Phone: FAX: Loss Payee: Commodity: Valuation: Amount of invoice, including all charges therein and including pre-paid and/or advanced and/or guaranteed freight charges, if any, plus 10%. Foreign currency to be converted into dollars at current rate of exchange in New York. Voyage: Coverage: Insured against all risks of physical damage from any external cause, irrespective of percentage, including the risks of wars, strikes, riots & civil commotion, from warehouse to warehouse. Rate: Date of Proposal: [____] I hereby authorize (Shipper) to insure all of my shipments on and after _____________________ subject to the above agreement. [____] I hereby decline insurance coverage and fully understand that (Shipper's) limited liability is $500.00 per shipping package (ocean), $9.07 per pound (air) or $0.50 per pound (domestic). ________________________ ________________________ _________________ Name/Title Signature Date of Acceptance/ Declination f:\12000 essays\law & government (233)\Marriage The Perfect Ending to Pride and Prejudice.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Marriage: The Perfect Ending to Pride and Prejudice American and British Literature January 27, 1995 An individual often finds himself in a conflict with the rules of society. Occasionally, rebelling is the path to happiness. However, usually, the real path to happiness is through compromise. This is the case in the early nineteenth century England setting of Pride and Prejudice, by Jane Austen. In the novel, Miss Elizabeth Bennet is a lively, independent woman, whose family's financial situation and whose strong mindedness suggest that she may never marry. Mr. Darcy, is a rigid and proper man, who falls in love with Elizabeth, despite their differences. By the end of the novel, Elizabeth and Darcy learn to compromise, and, in doing so, become truly happy. In marrying, they not only fulfill themselves as individual, but also affirm the principle values of society. As in many of her novels, this marriage at the end of the novel shows us Jane Austen's ideal view of marriage as a social institution. The novel Pride and Prejudice, by Jane Austen gives us the reader a very good idea of how she views marriage, as well as society. The theme of marriage is set in the very opening sentence of Pride and Prejudice; "It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife" (Austen, 1) As Norman Sherry points out, this is Austen's way of implying that 'a single man in possession of a good fortune' is automatically destined to be the object of desire for all unmarried women. The statement opens the subject of the romantic novel; courtship and marriage. The sentence also introduces the issue of what the reasons for marrying are. She implies here that many young women marry for money. The question the reader must ask himself is, does Jane Austen think this is moral? Sherry shows us that Austen was not particularly romantic. She reveals these sentiments through Charlotte remarks concerning her marriage to Mr. Collins. "I am not romantic you know. I never was. I ask only a comfortable home; and considering Mr. Collin's character, connections, and situation in life, I am convinced that my chance of happiness is as fair, as most people can boast on entering the marriage state." (Austen, 95) Elizabeth, as Sherry points out, is not particularly romantic either, however unlike Charlotte, Elizabeth has a certain picture of an ideal marriage in her mind, and therefore would never marry for reasons other than love. We assume that since Elizabeth is the main character, this is how Jane Austen sees marriage. Since Elizabeth would not marry without love, we can also assume that Jane Austen sees what Charlotte does as immoral. Elizabeth also feels that marriages formed by passion alone are just as bad as marriages formed without love. Elizabeth reflects on her sister Lydia's marriage; "But how little permanent happiness could belong to a couple who were only brought together because their passions were stronger then their virtue, she could easily conjecture" (Austen, 232) We again see reasons besides love as the reason for marriage. Jane Austen is not very optimistic about marriage, in fact there are almost no happy marriages in the novel at all. Mr. Bennet and Mrs. Bennet, Lydia and Wickham, and Charlotte and Mr. Collins are examples of the ill-matched and unsuccessful marriages in Pride and Prejudice. The characters in Jane Austen's Pride and Prejudice are not all miserable by the end of the novel. Happy marriages in Austen's novels do occur. Sherry illustrates this point. The right people eventually come together, for example, Elizabeth and Darcy, the hero and heroine. The development of the relationship between Elizabeth and Darcy is the most important proof of the whole overall theme of compromise. This relationship took work, it did not just occur. Elizabeth has to learn to control her prejudices. She forms her opinions very quickly and does not change them easily. Darcy has to learn to evaluate people on characteristics other than social rank. He is too proud of himself, as well as his high social class, and it affects his ability to relate to other people. Both Elizabeth and Darcy have to change a little and come to understand each other before they can be together. In the novel, the theme of pride and prejudice is first introduced in chapter three at the dance. Darcy, acting on his own pride, insults Elizabeth. He claims that she is not handsome enough to tempt him. Elizabeth, overhearing his insult, considers his remark as a direct stab at her own pride. This succeeds in invoking a prejudice in her, against him that remains for the greater part of the novel. She feels that he is far too arrogant and proud. When Charlotte points out to Elizabeth that Darcy has a right to be proud Elizabeth replies; "That is very true, and I could easily forgive his pride if he had not mortified mine". (Austen 13) The entire novel consists of the forming of pride and prejudice. The climax of pride and prejudice, as Sherry sees it, is the first marriage proposal. It is the height of pride on Darcy's part, and the height of prejudice on Elizabeth's part. The rest of the novel is a sort of anti-climax, in which they begin to compromise and learn how to relate to one another. The theme of pride is built up in many different ways. One method Austen uses to emphasize Darcy's extreme pride is by surrounding him with characters with similar faults, although, their pride is much more severe and much more insulting. The character in the story who represents an extension of Darcy's pride is his aunt, Lady Catherine de Bourgh. s hen Lady de Bourgh meets someone she sees only their rank and class in society. She does not appreciate anyone for any other aspect of themselves. Sherry proves this by pointing out the fact that she believes Darcy and her daughter should be married. She bases her thoughts on their compatibility in ranks, neglecting the concept of love. "My daughter and my nephew are formed for each other. They are descended on the maternal side, from the same noble line; and on the father's, from respectable, honourable, and ancient, though untitled families. Their fortune on both sides is splendid. They are destined for each other by the voice of every member of their respective houses...." (Austen, 266) Mrs. Hurst and Miss Bingley, also represent the pride which Darcy possesses. The fact that they feel entitled to think of themselves well and other badly is proof of this, as Marilyn Butler points out. Examples of their snobbishness is the condescension they show towards Elizabeth when she tells of her walk to Netherfield. "That she should have walked three miles so early in the day, in such dirty weather, and by herself was almost incredulous to Mrs. Hurst and Miss Bingley; and Elizabeth was convinced they held her in contempt for it." (Austen, 24) Unlike the others, however, Darcy's pride is humbled. Elizabeth manages this hefty task by rejecting his marriage proposal. We see the development of the theme of prejudice, right from the beginning of the novel, when we have the pleasure of meeting Miss Elizabeth. "Elizabeth's corresponding sin is much more subtle and her enlightenment takes up the space of the whole book".(Butler, 206) As Butler shows, the readers usually see the love between Elizabeth and Darcy as a love between two opposites, because of the differences in attitudes and of course in rank in society. However there are in actuality characteristics, although mainly faults, in which there is a striking similarity between the two characters. This is Austen's way of emphasizing to the reader Elizabeth's fault of extreme prejudice. Whenever Elizabeth complains of Darcy's faults, she also touches upon one of her own. For example, Darcy's disapproval of Wickham is very similar to Elizabeth's disapproval of Darcy. Elizabeth is quick to see the faults of others, however she is reluctant to see her own faults. Her first clue that she has allowed her prejudices to stand in the way of judgement is that she was wrong about Mr. Wickham, which consequently makes her wrong about Mr. Darcy. Elizabeth knows that she must learn to be less prejudiced. By getting together, they benefit each other. Elizabeth makes Darcy realize his faults and vice-versa. Other ways of looking at the novel come to the same basic conclusion of compromise. " Pride and Prejudice uses the familiar anti-thesis between art and nature as the ground of the book's action. Elizabeth is portrayed on the side of nature, feeling, impulse, originality, spontaneity....it wasn't possible for Jane Austen to deprecate art all together.. the movement of the book is compromise, as Elizabeth learns to take class into account, Darcy comes to share Elizabeth's genius for treating all people with respect for their natural dignities"(Klinger, Jane Austen and the war of ideas, 199) The difference between Pride and Prejudice and other eighteenth century novels, is that the heroines differ. "Instead of the innocent, impulsive fallible girl, the heroine of Pride and Prejudice dislikes, teases, and ends in part by debunking the hero... Where other heroines were sycophants of social and masculine prerogative, Elizabeth Bennet is fearless and independent." (Butler, 199) The difference in the novel, is in Austen's approach to Elizabeth. By making her as independent, and lively as she does, perhaps she is trying to show society that this is acceptable. If society would learn to compromise and lose a bit of it's rigidness, as Darcy did, then people would be able to fully appreciate characters like Elizabeth Bennet. Marriage is the only logical conclusion to this novel. Had the novel ended any other way, it would have had no point. As said before, the movement of the novel is towards compromise. Through marriage, Elizabeth and Darcy are making the ultimate compromise. They are both changing a little about themselves, so that their marriage can be successful. Had the novel ended without marriage, then the realizations on both Elizabeth, and Darcy's behalf would have been for nothing. Also, through the novel we see that Jane Austen is using marriage as a way of representing society. An ideal marriage is representative of an ideal society. If people used the same methods as a couple would use to obtain an ideal marriage, then perhaps we would be able to obtain an ideal society. By researching Jane Austen we know that most of the heros and heroines end up at the end of the story in an ideal marriage; "to do all her heroines justice, we must conclude that they all marry for love, and not for other considerations. As to the social and monetary aspects of their marriages, Jane Austen makes them 'all right'." (Sherry, 92) By having Darcy and Elizabeth end the novel engaged in an ideal marriage is a significant detail. Jane Austen, in doing this is suggesting that society would be better if it followed Elizabeth and Darcy's example. By controlling pride and prejudice, and by learning that compromise is sometimes the best way to happiness, society can hope to improve itself. Marriage in the end, is the perfect ending, since it is both an affirmation of the values of society as well as a personal fulfillment, which it is for both Elizabeth and Darcy since they improve themselves by being together. WORKS CITED 1. Austen, Jane. "Pride and Prejudice. New York. Bantam Books, 1813,1981. 2. Butler, Marilyn. Jane Austen and the War of Ideas. Oxford. Claredon Press, 1975 3. Sherry, Norman. Jane Austen. London. Montegue House, 1966 f:\12000 essays\law & government (233)\Mary Astell extreme solutions.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Discussion Question: Why did Mary Astell suggest such extreme solutions as a learning environment for woman, and is it necessary? In Mary Astell's From A Serious Proposal to the Ladies is a plea for intellectual equality among the sexes. The author was tired of the oppressive nature of man, which kept her and her sisters from developing their minds. She felt that females back then should have the same rights as women have achieved through the Civil Rights Movement today. Her answer to this was "A Religious Retirement." It is Mary Astell's ideal place to end her intellectual suffering and open new doors for the female mind. I feel that Mary went a little to far with this idea. She wanted to segregate males and females, live in a convent, and find alternates to marriage for women, which, I guess, would be the same as living in a convent. Mary was a feminist which I feel lead her to be so aggressive in this proposal, but I can understand why she is mad. I would feel the same way if I was not aloud to attend Florida State because of some ridiculous stereotype, for example, due to the fact I am a male. I guess I would also want a separate place to learn if society shunned me for who I am and what I wanted to do with my mind, but I would not exclude people to the same degree that Mary wanted to. So these places that Mary Astell wanted to create do have some merit to them. For without them, women of that time, unless rich, would not have been able to be educated. f:\12000 essays\law & government (233)\Masculine Perception of Females Research Paper.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Research Paper My research paper is going to consist of both a research paper and a album containing pictures that was collected. My research paper is going to provide information on what two guys imagine and think about when they think of women. These two guys are Mike, my friend and Timmy, my cousin. These guys are basically the guinea pigs in my experiment and their findings will be collected in the album. The other half of the research project is the paper that will not only explain the project but give information on the pressure that has been put on so many women to look like perfect and in many ways models. With the experiment, I handed both Mike and Timmy four magazines: two Mademoiselles and two Allures. I then asked them to go through them and rip out the pictures that they would want "their women" to look like. The collection of their ideal women is in the first half of the album. Notice that the pictures are mostly of models that are half dressed, thin and in provactedly positioned posies. The makeup on these women are all perfect and their hair is obviously not out of place. The selection of pictures not surprisingly were of women who not only were half dressed but also in their undergarments. The second half of the experiment was basically done in the same way; but this time I asked for them to tear out pictures that they would want their wives to look like. With four different magazines they tore out pictures Quach pg.2 of more conservetly dressed women. Their selection still consisted of beautiful women, only this time they were wearing clothes that the average person would be able to wear on the streets and not be called a dirty name. The women were still beautifully made up the a hair and makeup but this time it wasn't so dramatic; their poises were also "innocent"; I'm not surprised. But what did surprise me though was that their style in pajamas totally changed. In the first part of the experiment the two guys picked out the pictures of the women wearing what I would consider "tacky" nightgowns, but for their wives they picked out the pictures where "softer" and a lot less "showy" I guess at that point they did take into consideration that comfort is more important then what it looks like. These two guys, the guinea pigs, is a very small of a large majority of men with these expectations. From the information that I gathered from the guys, Mike and Timmy, the expectations that they have for women is "to always look their best, and to do whatever that is possible to make them (men) happy."(I personally think that they are still living in their dream world.) Men, for some unknown reason, feel and want "their women" to always look perfect. They show their desire for these perfect creatures but also in real everyday life. For example in the movie "Pretty Women" Julia Roberts portrayed a prostitute who was dressed up transformed into the "perfect women" by Richard Gere. He not only bought all name brand Quach pg.3 clothes to dress her up in but also was taught how to act like a "proper women" with all the lessons in etiquette. The movie not only gave the message that women should be "transformed" into what the men desire; but also sent the message that some women are willing to change in order to live up to the man's expectations. The men's expectations has also developed into really big problems for us, the everyday women. The problem that many women have is the problem with our weight: we are either underweight or overweight. In an article of the Mademoiselle magazine, a writer wrote in that, "My friend won't stop talking about her new diet plan. She's absolutely obsessed with food. I want to be supportive of her efforts, but I'm bored to tears. What do I do?"(pg.46) The problem with diet plans is that there are so many drinks, methods, and diet food out there that many feel that once they use these "miracle products" and it doesn't work, they start to feel hopeless, which would lead to depression. There are many men out there that are blind to the fact that not everybody can be as slim as they want. The expectations that many men have for their girlfriends and at times their wives came from not only the magazines but from movies and billboards. It was written that "Vain is Victoria Principal, who according to rumor makes sure that the light reflects a pinpoint gleam in her eyes. Vain Quach pg.4 is Julio Iglesias, who supposedly has a towel man to position the singer-suntan artists towel so that he's always in optimal rays." (Allure, 1995,pg.158) This is an illustration that celebrities have to use methods: lighting, makeup artists, and computer techniques before we see the finish product. Many men seem to think that what they see in the magazines and in movies of "their perfect women" is what they look like everyday. I admit that some celebrities do always look good, but then again the have the money to get the plastic surgery; which is another topic on it's own. In a "Reflections" article (Allure,1996 pg.168) an unanymous reader wrote in that, "What I am is worried. I am worried that I'm not tall enough, not thin enough, that my teeth aren't white enough, and that my hair is just all wrong. It seems that everyday I discover another body part to worry about." This reader later wrote that the problems that she had developed over the years starting from high school. She had these worries and was facing them on her own because she felt that of she told anybody, they would think that she was crazy. This reader, like many other women, feel that what they were born with is: not enough or isn't perfect. In the world that we live in today, the majority of men view a women as two things: a possession and a bearer of babies. In the Handmaid's Tale,(Atwood,1986,backcover) Offred, "must lie on her back once a month and pray that the Commander makes her pregnant, because in the age of declining births, Offred and other Handmaids are valued only if their ovaries Quach pg.5 are viable." The description basically summarized the theory that many men believe and pass on to later generations, that women are only good for making babies. My research paper hopefully opened up some people's eyes on the subject of natural beauty and artificial beauty. Everybody was born with imperfections and flaws; there is nobody that is absolutely perfect! Throughout history men have categorized women as sex objects, bearers of babies, and the person that they want to look perfect on their side when they walk into a gathering. These category expectations are just that, expectations. Who ever said that you can always get what you want? Men have taken it upon themselves from way back when, that they are superior to women and what they say goes. This decision was obviously made by the male majority but it's the female majority that has allowed for this obscured thinking to continue. "Ultimately, it's our decisions, not the conditions of our lives that determine our destiny." (Anthony Robbins, Notes from a Friend, pg.78) This statement, is what I feel women should start pounding into their heads. Men have taken it upon themselves to create the foundations of how a women should live and be viewed, but we the women have the ability to change what goes on the foundation, like the statement says: A women can never make up her mind." Research Paper My research paper is going to consist of both a research paper and a album containing pictures that was collected. My research paper is going to provide information on what two guys imagine and think about when they think of women. These two guys are Mike, my friend and Timmy, my cousin. These guys are basically the guinea pigs in my experiment and their findings will be collected in the album. The other half of the research project is the paper that will not only explain the project but give information on the pressure that has been put on so many women to look like perfect and in many ways models. With the experiment, I handed both Mike and Timmy four magazines: two Mademoiselles and two Allures. I then asked them to go through them and rip out the pictures that they would want "their women" to look like. The collection of their ideal women is in the first half of the album. Notice that the pictures are mostly of models that are half dressed, thin and in provactedly positioned posies. The makeup on these women are all perfect and their hair is obviously not out of place. The selection of pictures not surprisingly were of women who not only were half dressed but also in their undergarments. The second half of the experiment was basically done in the same way; but this time I asked for them to tear out pictures that they would want their wives to look like. With four different magazines they tore out pictures Quach pg.2 of more conservetly dressed women. Their selection still consisted of beautiful women, only this time they were wearing clothes that the average person would be able to wear on the streets and not be called a dirty name. The women were still beautifully made up the a hair and makeup but this time it wasn't so dramatic; their poises were also "innocent"; I'm not surprised. But what did surprise me though was that their style in pajamas totally changed. In the first part of the experiment the two guys picked out the pictures of the women wearing what I would consider "tacky" nightgowns, but for their wives they picked out the pictures where "softer" and a lot less "showy" I guess at that point they did take into consideration that comfort is more important then what it looks like. These two guys, the guinea pigs, is a very small of a large majority of men with these expectations. From the information that I gathered from the guys, Mike and Timmy, the expectations that they have for women is "to always look their best, and to do whatever that is possible to make them (men) happy."(I personally think that they are still living in their dream world.) Men, for some unknown reason, feel and want "their women" to always look perfect. They show their desire for these perfect creatures but also in real everyday life. For example in the movie "Pretty Women" Julia Roberts portrayed a prostitute who was dressed up transformed into the "perfect women" by Richard Gere. He not only bought all name brand Quach pg.3 clothes to dress her up in but also was taught how to act like a "proper women" with all the lessons in etiquette. The movie not only gave the message that women should be "transformed" into what the men desire; but also sent the message that some women are willing to change in order to live up to the man's expectations. The men's expectations has also developed into really big problems for us, the everyday women. The problem that many women have is the problem with our weight: we are either underweight or overweight. In an article of the Mademoiselle magazine, a writer wrote in that, "My friend won't stop talking about her new diet plan. She's absolutely obsessed with food. I want to be supportive of her efforts, but I'm bored to tears. What do I do?"(pg.46) The problem with diet plans is that there are so many drinks, methods, and diet food out there that many feel that once they use these "miracle products" and it doesn't work, they start to feel hopeless, which would lead to depression. There are many men out there that are blind to the fact that not everybody can be as slim as they want. The expectations that many men have for their girlfriends and at times their wives came from not only the magazines but from movies and billboards. It was written that "Vain is Victoria Principal, who according to rumor makes sure that the light reflects a pinpoint gleam in her eyes. Vain Quach pg.4 is Julio Iglesias, who supposedly has a towel man to position the singer-suntan artists towel so that he's always in optimal rays." (Allure, 1995,pg.158) This is an illustration that celebrities have to use methods: lighting, makeup artists, and computer techniques before we see the finish product. Many men seem to think that what they see in the magazines and in movies of "their perfect women" is what they look like everyday. I admit that some celebrities do always look good, but then again the have the money to get the plastic surgery; which is another topic on it's own. In a "Reflections" article (Allure,1996 pg.168) an unanymous reader wrote in that, "What I am is worried. I am worried that I'm not tall enough, not thin enough, that my teeth aren't white enough, and that my hair is just all wrong. It seems that everyday I discover another body part to worry about." This reader later wrote that the problems that she had developed over the years starting from high school. She had these worries and was facing them on her own because she felt that of she told anybody, they would think that she was crazy. This reader, like many other women, feel that what they were born with is: not enough or isn't perfect. In the world that we live in today, the majority of men view a women as two things: a possession and a bearer of babies. In the Handmaid's Tale,(Atwood,1986,backcover) Offred, "must lie on her back once a month and pray that the Commander makes her pregnant, because in the age of declining births, Offred and other Handmaids are valued only if their ovaries Quach pg.5 are viable." The description basically summarized the theory that many men believe and pass on to later generations, that women are only good for making babies. My research paper hopefully opened up some people's eyes on the subject of natural beauty and artificial beauty. Everybody was born with imperfections and flaws; there is nobody that is absolutely perfect! Throughout history men have categorized women as sex objects, bearers of babies, and the person that they want to look perfect on their side when they walk into a gathering. These category expectations are just that, expectations. Who ever said that you can always get what you want? Men have taken it upon themselves from way back when, that they are superior to women and what they say goes. This decision was obviously made by the male majority but it's the female majority that has allowed for this obscured thinking to continue. "Ultimately, it's our decisions, not the conditions of our lives that determine our destiny." (Anthony Robbins, Notes from a Friend, pg.78) This statement, is what I feel women should start pounding into their heads. Men have taken it upon themselves to create the foundations of how a women should live and be viewed, but we the women have the ability to change what goes on the foundation, like the statement says: A women can never make up her mind." f:\12000 essays\law & government (233)\Mauburry v madison.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1. Market Revolution: A change in the way people bought, made, and sold goods. 2. That George chopped down a cherry tree. 3. An entrepreneur is someone who takes on business risks for the sake of prophet. 4. Well, the women were paid about half the salary as men were for the same jobs. However, women lived in he factory, where men did not. They were looking for single women. 5. The employees simply maid money for them by working. They did not think of them as real people, just workers. 6. Delaware, Maryland. Virginia, West Virginia, Kentucky, Tennessee, North & South Carolina, Alabama, Georgia, Mississippi, & Louisiana. 7. Because cotton was the biggest source of income for the south. 8. He wanted to take over Charleston. 9. The North was against slavery and the south was very much for it. 10. 1823, was mostly written by John Adams. This document wanted European Govts. To stay out of the Americas, and let them grow on their own. 11. Patronage 12. Government would support internal improvements, including, roads, canals, bridges, lighthouses, universities and many other projects. The whole purpose was to develop American Industry. 13. he thought that the State of Kentucky should build the road, not the National Govt. 14. The National Republicans. 15. Warden, Life in the woods. f:\12000 essays\law & government (233)\Medical Malpractice.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Medical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a "common calling" which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the "GIANT of all torts", negligence. Now in today's society, a doctor's duty is to use reasonable care, skill and judgment in the practice of his/her profession and when negligent, take full responsibility. What is malpractice? Malpractice is negligence. Negligence is a tort. A tort is a civil wrong, therefore malpractice is a civil wrong. In its simplest terms, malpractice has four essential elements: 1) Duty. Every health care provider assumes a duty when starting consultations, diagnosis, or treatment of a patient. The duty arises from an expressed or implied contract. 2) Breach. For example, if you fail to make a correct diagnosis once you have assumed the duty to do so, you have created a "breach of duty", due and owing to the patient. 3) Causal Connection. Your failure to correctly diagnose, ("duty" you "breached") the duty due and owing to the patient and as a direct and proximate cause of your breach, caused damages. 4) Damages. The result of your failure to diagnose correctly, the patient sustained damages in the form of an additional hospital stay, complications that may or may not be of a permanent and continuing nature. (Brooten Jr., Kenneth E. p. 1) Negligence is the most common civil suit filed against doctors. Liability for negligence will not be found unless the following factors are present: (a) the defendant must owe a duty to the plaintiff to exercise care; (b) the defendant must breach the standard of care established by law for his/her conduct; (c) the plaintiff must suffer loss or injury as a result of this breach; (d) the conduct of the defendant must be the "proximate cause" of the plaintiff's loss or injury. ( Picard, Ellen I. p. 29) In the case of Adderly v. Bremner (Picard, Ellen I. p. 461) the defendant physician was negligent in not changing the syringes to vaccinate 38 patients and instead used one needle for every two patients. As a consequence, the plaintiff was infected with septicemia (blood poisoning). This doctor failed to give the required standard of care. Any reasonable doctor would have in fact changed the syringe after each patient and would have foreseen the consequences for not changing them. According to the case the doctor did not follow instructions accompanying the vaccine, stressing the fact that a sterile needle and syringe were to be used for each patient. This case is a perfect example of a doctor not following orders and unprofessionally practicing on innocent patients. Though the plaintiff was not mortally injured, the doctor was found liable. This teaches the defendant physician a lesson along with doctors all across Canada and may prevent another patient from unnecessary suffering. Another common civil tort filed against doctors is battery. Battery is committed by intentionally bringing about harmful or offensive contact with another. The basis of this tort is that the touching is without consent. (Picard, Ellen I. p. 25) In the case of Hankai v. York County Hosp. (Picard, Ellen I. p. 490) the defendant doctor performed surgery on the plaintiff to remove a miscarried fetus. The defendant also performed a meatotomy without the consent of the plaintiff. The defendant doctor was liable for battery for performing the unconsented - to meatotomy. There are several other cases just like this one where a patient consents for one operation and given another or both. How a doctor can take the decision of a competent human being into his own hands is beyond me. The plaintiff was in no immediate danger, the defendant could have suggested the second operation after the completion of the first. In cases like these the doctor is incredibly egotistical and is playing God. Physicians who ignore patient requests or fail to ask for consent only build communication barriers and ruin the profession's reputation. Many people believe doctors are the real victims. They feel doctors are confined from performing and medical students limit career options in fear of being sued. There are some illegitimate and ungrateful citizens who insist on filing suits when doctors are not at fault. When a family member dies, the loss may cause anger and looking for a doctor to sue seems like the right thing to do. It is human nature to always look for a party at fault in any tragedy. Doctors' fears of malpractice awards also result in bad medical care. New procedures carry a higher risk of harm and second guessing later, so doctors stick to conventional treatments, even in terminal cases, for fear the treatment may hasten the patient's death. The opposite is also true, both overtesting and overtreating are standard methods of beating malpractice suits. Thousands of unneeded surgeries are performed each year. Expensive technology is regularly misused - CAT scans to diagnose simple headaches, for example. Also, the few plaintiff's who win unrealistically high awards raise insurance costs for all doctors. (Nolo Press editors, # 32) In fact, the Canadian Medical Protective Association has announced a 20 % increase in premiums for 1996. ( Canada News Wire 12 Dec. '95) It is my opinion though, that by insisting on settlements more doctors take extra care and look for a second opinion. As long as doctors take extra care they should have no fear. If they do, they know they're doing something wrong. More and more doctors everyday make lethal mistakes causing death, pain and suffering, brain damage or scarring. These mistakes must be brought out into the open and damages to the victim should be awarded. Fewer than 5% of the people injured while under medical care receive any compensation. (Nolo Press editors, #32) To add to the grief, the plaintiff is injured twice: first by faulty medicine, then by a famously slow legal system. To win a medical malpractice lawsuit, the injured must prove who caused the injury. This can be an extremely difficult task given the complexities of modern medicine, and the common reaction of doctors, which is to cover up their mistakes. The majority of those who do sue, do not fair well; only 20% win. The few patients who do succeed, wait an average of seven years before getting a penny. (Nolo Press editors, #32) Unfortunately, the price Canada pays for these suits is enormous. In 1982, Canada spent $ 4 532 292 in legal costs. That is $ 4 524 676 more then what we paid in 1950. In 1982 one out of every 244 doctors was successfully sued. The average sum of awards paid by doctors in 1982 was $ 38 941.18 whereas in 1971 it was $ 8 634. (Picard, Ellen I. p. 347) Many people believe we are in a "malpractice crisis" and another mode of compensating patients should be found. A no-fault method to compensate all patients while under medical care is being considered. This method would: a) quickly compensate all who have suffered harm as a result of medical treatment, regardless of how it occurred; b) give doctors incentives to root out and expose the causes of medical error; c) base a victim's economic recovery on actual economic loss - medical costs, loss of income and disability - plus, where there is long-term or permanent disability, a reasonable amount for lost quality of life and d) handle compensation through a provincial - run Injured Patients Board, which could track information with a Medical Board that could monitor doctors. (Nolo Press editors, #32) I cannot see this form of compensation working. It would be abused by money-seekers and insufficient for the genuinely hurt. I also do not believe we are in a crisis situation. According to the Canada News Wire the government has been paying supplements to help physicians with an expected escalation in lawsuits, similar to that experienced in the U.S. As it turned out, Canada did not follow the U.S example and the reserve has grown to about $200 million in1988 to nearly $1 billion. ( Canada News Wire 12 Dec. '95) Along with the statistics of how few people win suits, it is clear to me that we are not in any present trouble. We may very well find ourselves in a crisis situation if our doctors do not perform with extreme care. Everyday people depend on them and trust them. We need physicians to attempt to save lives at the best of their ability. If a doctor happens to create a breach of duty that causes damages, they should take full responsibility. When a person chooses to be a physician, they choose to render their services to society. They choose to care for people. By choosing to care, they should feel for the people they hurt when an error is made. They should want to give some form of compensation. Though we may not be in a crisis situation now, it's not to far down the road. Canada must undergo some serious changes in the coming years. Doctors attitudes must change along with the compensation system. Whether we keep the present system, and make some changes, or try the no-fault system, we could lessen the pressing problems. In either case, something must be done before the hospital is considered more dangerous than a lion's den. Bibliography n Picard, Ellen I. Legal Liability of Doctors and Hospitals in Canada. 2nd ed. Toronto, Ont.: The Carswell Company Limited, 1984. n Brooten, Kenneth E. Jr. Malpractice: A Guide to Avoidance and Treatment. Orlando, Fla.: Grune & Stratton Inc., 1987. n Nolo Press editors. Fed up with the legal system? : What's Wrong and How to Fix it. 2nd ed. United States of America : Nolo Press, 1994. ( Internet: Fed up #32. Compensate Medical Malpractice Victims) n "Government to Rally Support Against Physicians' High Insurance Costs" Canada News Wire. [Toronto] 12 Dec. 1995. (Internet) n Taylor, John Leathy. Medical Malpractice. Great Britain: John Wright & Sons Ltd., 1980. n Law, Sylvia and Steven Polan. Pain and Profit: The Politics of Medical Malpractice. New York, NY.: Harper and Row Publishers, 1978. f:\12000 essays\law & government (233)\Methods of Execution.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ One man's taking of another's life is generally seen as an unforgivable act which is punishable with death. When this is done as punishment however, it is seen as an honorary deed by removing this criminal from the world and making it a much safer place to live. With executions in mind, it is incredible what ingenious methods can be thought of by the human brain and the fact that the idea is centered around the murdering of one man does not even change how prodigious these innovations are seen to be. Many different techniques and procedures for execution are used throughout the world revealing much about a country's culture and their concern for their citizens. By far one of the most well known and publicly glamorized of all methods of execution is electrocution. Present in nine American states, it was first used in New York in 1890. When a condemned man is scheduled to be executed, he is led into the death chamber and strapped to the point of immobility into a reinforced chair with belts crossing his chest, groin, legs, and arms. Two copper electrodes, dipped in brine or treated with Eletro-Creme to increase conductivity, are attached to him, one to his leg and the other to his head. The first jolt, between five-hundred and two-thousand volts depending on the size of the prisoner, is given for 30 seconds. Smoke will begin to come out of the prisoner's leg and head and these areas may catch fire if the victim has been sweating profusely. A doctor will examine him and if he still shows life signs, more jolts of two-thousand volts are administered to finish the job (Matthews). A main reason for electrocution's original use was the thought that death was immediate. Unfortunately this is not the case. Doctors today believe that the victim feels "himself begin burned to death and suffocating since the shock cause respiratory paralysis as well as cardiac arrest. Because the energy of the shock paralyzes the muscles, he cannot cry out, and therefore is presumed dead ("This is your death..."). How ironic that one reason electrocution was kept in use was that, although expensive, it was immensely serene as far as the prisoner is concerned. Still used extensively throughout the world today and in its sole representing U.S. state, Utah, the firing squad has a much greater claim to being humane as bullets directly into the heart generally cause instantaneous death. Utah uses an extremely exact and well-practiced method which is immensely centered around concern for the victim by taking almost every precaution possible to ensure a quick and easy death. The victim is bound to a chair with leather straps that cross his waist and head. Next a doctor locates the exact position of his heart with a stethescope and pins a circular white target over it. Twenty feet away, on the other side of a canvas wall, are five men with .30-caliber rifles. Each man aims through a gun portal located in the center of the canvas and fire simultaneously. A prisoner dies as a result of blood loss caused by rupture of the heart or a large blood vessel, or tearing of the lungs. He loses consciousness when shock causes a fall in the supply of blood to the brain. Though a shot to the head causes instant death that method is not used due to high percentage of failures (Kaplan and Danil). Some countries deliberately alter these steps in order to cause a more gruesome death. In Taiwan, the condemned is shot either in the back or chest four times in strategically painful places. After nearly and hour of misery the officials take the fifth and final shot into the heart (Hoff and Petrucelli). It is astounding how one country will do all humanly possible to try to make death a quick and easy procedure while another tries to do all they can to make it as painful and agonizing as possible. The gas chamber, most famous for its abundant use during World War II, is the method used in Nevada and California and is also used in the Philippines. The prisoner is led into a room and fastened to a metal chair with perforated seats. Straps are secured across his upper and lower legs, arms, groin, and chest. A long stethoscope is also affixed to his chest so that a doctor outside of the room can pronounce death. Underneath the chair is a bowl filled with a sulfuric acid and distilled water solution, with a pound of sodium cyanide pellets suspended in a gauze bag just above. After the door is closed and sealed, the executioner pulls a lever that triggers the release of the cyanide into the liquid. This cause the releasing of hydrogen cyanide gas which raises through the holes in the seat of the chair. According to doctors, the victim "will feel unable to breathe, but will not immediately lose consciousness," a statement which contradicts the previous belief that the victim is becomes unconscious instantly, which eliminates all pain and suffering. What actually happens is that pain like that of a heart attack begins immediately and is felt in the arms, shoulders, back and chest. The initial physical result is spasms, as in an epileptic seizure, which will not stop for ten to twelve minutes, but the straps restrain most involuntary body movements ("This is your death...). How strange that something condemned by the U.S. after World War II is now a preference which they hold. Hanging, which is regarded as swift and sure, was mainly used because of the assumption that it is painless because it rapidly dislocates the neck. The usual hanging begins with a rope fastened around the neck of a prisoner, the knot under his left ear. Next, the trap door upon which he is standing is opened causing a violent jerk when the rope tightens. Then, he is left hanging until it is absolutely sure that he is dead. According to Harold Hillman, a British physiologist, the dangling person feels cervical pain, and probably suffers from an acute headache as well, a result of the rope closing off the veins to the neck. "The belief that fracture of the spinal cord cause immediate death is wrong in all but a small fraction of cases. The actual cause of death is strangulation or suffocation." First, after the trap doors opens, the prisoner's weight causes tearing of the cervical muscles, skin, and blood vessels. The upper cervical vertebrae is the dislocated and spinal cord finally separated from the brain, causing death. This can take anywhere from fifteen seconds to fifteen minutes ("This is your death..."). So much for doing the prisoner a favor by giving him such a smooth and rapid death. First used in the United States in 1977, lethal injection is now is the most widespread with its use in twenty-three states. Of all the methods found in the U.S., it is by far the most humane and least likely to have costly mistakes (Matthews). The prisoner is strapped to a hospital gurney, built with an extension panel for the left arm. Technicians stick a catheter needle into his arm and long tubes connect it through a wall to several intravenous drips. The first which was started immediately is harmless saline solution. The next drug is sodium thiopental, a common barbiturate used as an anesthetic, which puts patients quickly to sleep. A normal dose for a long operation is one-thousand milligrams so the prisoner receives two-thousand. As soon as he loses consciousness he is given pavulon, a common muscle relaxant used in heart surgery. The dose now is one-hundred milligrams, ten times the usual which stops his breathing, which would kill him in ten minutes. To speed this up however, an equal dose of potassium chloride, which is used in bypass surgery to stop the heart from pumping, is given and it works in ten seconds ("This is your death..."). It is not hard to see why this is regarded as the best as far as the prisoner is concerned. While the aforementioned methods are widely known to be still in use, the following is most likely thought to have disappeared long ago. Beheading, which is known mainly because of the guillotine in the French Revolution, is still being carried out by sword in countries such as Saudi Arabia. Like hanging, beheading was originally thought of as quick and sure but recent medical finding show that oxygenated blood still in the brain may allow consciousness and pain for up to thirty seconds. Reports have even been that the severed head surveyed the crowd after its decapitation (Matthews). When the day arrives for a prisoner in Saudi Arabia to be executed, he is taken to a public square in the middle of the town where it is to be held. This is frequently where the crime was committed to give some retribution for what was done (Moorehead). The executioner emerges from the crowd, brandishing a scimitar and robed in all black. He positions himself upstage allowing the victim to face Mecca, but still giving the audience an unobstructed view. He grasps his sword firmly with both hands, coils back his body, and lashes out at the back of the condemned's neck. The prisoner's head falls and the deed is done, a crude and rudimentary execution with little concern for anyone involved (Youkey). About as rare and abnormal as beheading, stoning is still instituted in some Islamic states, namely Iran. Dating back to biblical times, modern day stoning consists of basically the same procedures with a few modern revisions. The condemned is bound hand and foot and buried up to the neck in sand with a white sheet placed over their head. A crowd of bystanders is then allowed to pelt the guilty party until their lack of screams indicates death. As one of these modern day "improvements" however, Iran's law forbids the use of stones any larger than a golf ball, as "they bring death too swiftly" (Matthews). Just as one can tell much about a person by the music they listen too, one can also tell a lot about a country's society by the method of execution which they use. A country that uses lethal injection, hanging, or any other of these "humane" methods must care enough about their people to try and make their executions one that is less to them. On the other side, if a country uses public beheading, stoning, or other inhumane methods, they must have little regard for their citizens that they prefer them to suffer in excruciating pain than they die in a quick and easy without remorse. The United States for example has shown great concern for their citizens by having all methods used be remotely humane. They have even removed electrocution from a few states and replaced it with things such as lethal injection, even though electrocution is much more "kind" to the condemned than a handful of other methods present in the world. It must take a very backwards society to use methods which allow the public to participate in the execution. All that thisdoes is make everyone want to be a part of this sadistic act and whose children do not dream of being G.I. Joe or Barbie but being the lucky one who gets to throw the first stone. Whether it is done by hanging, firing squad, or stoning, all of these methods end in the same way, someone's death. This may be quick or the condemned may be writhing in pain during their execution. All these different techniques show the amount of regard for the lives of citizens in the countries in which they are used. Bibliography Hoff, Gary and Linda Petrucelli. "Law of Revenge Prevails in Taiwan." The Christian Century. 10 October 1990:893(2). Infotrac. MIC 56M0102. Kaplan, David A. and Glick Danil. "Ready, aim ... fire; Utah schedules an execution by firing squad." Newsweek. 29 January 1996:54. Infotrac. Matthews, Robert. "The Final Judgment." Focus. (London, England) November 1995:38-42. Rpt. in SIRS. Corrections, 1995:5:55. Moorehead, Caroline. "Tinkering with Death." World Press Review. July 1995:38(2). Infotrac. MIC 79K0041. "This is your death; capital punishment: what really happens." The New Republic. 1 July 1991:23(4). Infotrac. MIC 60F0296. Youkey, B. "Ostro, Hans Christian, d. 1995 - Kidnapping and Murder, Invitation to a Beheading." Commonweal. 10 February 1995:4-5. Infotrac. MIC 77H0002. f:\12000 essays\law & government (233)\Mitchell v Wisconsin.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Mitchell v. Wisconsin Why Mitchell v. Wisconsin Sucked On June 11, 1993, the United State Supreme Court upheld Wisconsinąs penalty enhancement law, which imposes harsher sentences on criminals who łintentionally select the person against whom the crime...is committed..because of the race, religion, color, disability, sexual orientation, national origin or ancestry of that person.˛ Chief Justice Rehnquist deliverd the opinion of the unanimous Court. This paper argues against the decision, and will attempt to prove the unconstitutionality of such penalty enhancement laws. On the evening of October 7, 1989, Mitchell and a group of young black men attacked and severely beat a lone white boy. The group had just finished watching the film łMississippi Burning˛, in which a young black boy was, while praying, beaten by a white man. After the film, the group moved outside and Mitchell asked if they felt łhyped up to move on some white people˛. When the white boy approached Mitchell said, łYou all want to fuck somebody up? There goes a white boy, Go get him.˛ The boy was left unconscious, and remained in a coma for four days. Mitchell was convicted of aggravated battery, which carries a two year maximum sentence. The Wisconsin jury, however, found that because Mitchell selected his victim based on race, the penalty enhancement law allowed Mitchell to be sentenced to up to seven years. The jury sentenced Mitchell to four years, twice the maximum for the crime he committed without the penalty enhancement law. The U.S. Supreme Courtąs ruling was faulty, and defied a number of precedents. The Wisconsin law is unconstitutional, and is essentially unenforceable. This paper primarily focuses on the constitutional arguments against Chief Justice Rehnquistąs decision and the statute itself, but will also consider the practical implications of the Wisconsin law, as well as a similar law passed under the new federal crime bill (Cacas, 32). The Wisconsin law and the new federal law are based on a model created by the Anti- Defemation League in response to a rising tide of hate-related violent crimes (Cacas, 33). Figures released by the Federal Bureau of Investigation show that 7,684 hate crimes motivated by race, religion, ethnicity, and sexual orientation were reported in 1993, up from 6,623 the previous year. Of those crimes in 1993, 62 percent were racially motivated (Cacas, 32). Certainly, this is a problem the nation must address. Unfortunately, the Supreme Court of the United States and both the Wisconsin and federal governments have chosen to address this problem in a way that is grossly unconstitutional. łCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.˛ The most obvious arguments against the Mitchell decision are those dealing with the First Amendment. In fact, the Wisconsin Supreme Court ruled that the state statute was unconstitutional in their decision, which the U.S. Supreme Court overruled. The Wisconsim Supreme Court argued that the Wisconsin penalty enhancement statute, łviolates the First Amendment directly by punishing what the legislature has deemed offensive thought.˛ The Wisconsin Court also rejected the stateąs argument łthat the statute punishes only the Śconductą of intentional selection of a victim˛. The Courtąs contention was that łthe statute punishes the Śbecause ofą aspect of the defendantąs selection, the reason the defendant selected the victim, the motive behind the selection.˛ The law is in fact a direct violation of the First Amendment, according to the Wisconsin Supreme Court, which said łthe Wisconsin legislature cannot criminalize bigoted thought with which it disagrees.˛ łIf there is a bedrock principal underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable˛. The Supreme Court was heard to utter such noble phrases as recently as 1989, in Texas v. Johnson. Unfortunately these idealistic principles seem to have been abandoned during Wisconsin v. Mitchell. Clearly, Mitchelląs act of assaulting another human is a punishable crime, and no one could logiacally argue that the First Amendment protects this clearly criminal action. However, the stateąs power to punish the action does not remove the constitutional barrier to punishing the criminaląs thoughts (Cacas, 337). The First Amendment has generally been interpreted to protect the thoughts, as well as the speech, of an individual (Cacas, 338). According to the Courtąs majority opinion in Wooley v. Maynard, a 1977 case, łAt the heart of the First Amendment is the notion that an individual should be free to believe as he will, and that in a free society oneąs beliefs should be shaped by his mind and his conscience rather than coerced by the state.˛ Another componet of Mitchelląs First Amendment argument against the penalty enhancement law, was that the statute was overbroad, and might have a łchilling effect˛ on free speech. Mitchell contended that with such a penalty enhancement law, many citizens would be hesitant to experess their unpopular opinions, for fear that those opinions would be used against them in the future. In Abrams v. United States, Justice Holmes, in his dissent, argued that łlaws which limit or chill thought and expression detract from the goal of insuring the availability of the broadest possible range of ideas and expression in the marketplace of ideas˛. Chief Justice Rehnquist, however, rejects the notion that the Wisconsin statute could have a chilling effect on speech. łWe must conjure up a vision of a Wisconsin citizen suppressing his unpopular bigoted opinions for fear that if he later commits an offense covered by the statute, these opinions will be offered at trial to establish that he selected his victim on account of the victimąs protected status, thus qualifying him for penalty enhancement... This is too speculative a hypothesis to support Mitchelląs overbreadth claim.˛ However, a legitimate argument certainly exists that the logical next step would be to examine the conversations, correspondence, and other expressions of the accused person to determine whether a hate motive prompted the crime, if a criminaląs sentence is being considered for penalty enhancement (Feingold, 16). How can Rehnquist argue that this will not cause a chilling effect? Rehnquist denies this chilling effect exists under penalty enhancement laws such as Wisconsinąs, but one must consider how Rehnquist would rule if the penalty enhancement did not cover something, such as racism, that he finds personally repugnant. The recent attempt at łpolitical correctness˛ differs only slightly from the Red Scare of the 1950ąs. The anti-communists claimed and the politically correct ideologists claim to have good intentions (The Road to Hell...).Unfortunately, these two groups infringed upon the rights of the minority in their quest to mold the htoughts of others into ideas similar to their own. How would Rehnquist rule if the statute called for enhanced penalties for persons convicted of crimes while expressing Communist ideas? Or what if the criminal was Mormon, and the majority found those religious views morally repugnant? Could Rehnquist also justify suppressing the religious freedoms found in the First Amendment, as well as its free speech clause, if they were found to be as reprehensible as racism by the general public? The United States Supreme Court is granting selective protection of First Amendment rights, in Mitchell v. Wisoconsin, and is yielding to political pressure to suppress bigoted views. Mitchelląs second constitutional argument is that the statute violates the Foruteenth Amendment as well as the First. The Foruteenth Amendment contains the łequal protection clause˛, which states that no state shall łdeny to any person within its jurisdiction the equal protection of the laws˛. The Wisconsin statute punishes offenders more seriously because of the views they express, and punishes more leniently those whose motives are of an łacceptable˛ nature (Gellman, 379). This seems to be a clear violation of the Fourteenth Amendment, but again, Rehnquist (and the entire Supreme Court), sees things quite diiferently. Rehnquist argues that, łThe First Amendment... does not prohibit the evidentiary use of speech to establish the elements of a crime and to prove motive or intent˛. Motive, however, is used to establish guilt or innocence, and is not in itself a crime. Undeniably, however, those that express bigoted views are punished more severely than those who do not. Rehnquist, however, never specifically mentions the Fourteenth Amendmeent because they were not developed by Mitchell and fell outside of the question on which the Court granted certiorari. Rehnquist also argues that łTraditionally, sentencing judges have considered a wide variety of factors in addition to evidence bearing on guilt in determining what sentences to impose on a convicted defendant... The defendantąs motive for committing the offense is one important factor.˛ This is a compelling argument, but I would argue this practice is itself of questionable constitutionality, in that it allows the sentencing judge to exercise excessive discretionary judgement based on his view as to what constitutes acceptable and unacceptable motives. However, even if this practice is held to be constitutional, surpassing the existing maximum penalty with an additional statute that specifically lists bigotry as an unacceptable motive, certainly qualifies as being the same as imposing an additional penalty for unpopular beliefs. To illuatrate the dangers inherent in laws such as Wisconsinąs penalty enhancement statute, we need only examine Texas v. Johnson, a 1989 Supreme Court case. The stateąs flag desecration statute was ruled unconstitutional by the Court. However, using Rehnquists logic in Mitchell, the state of Texas could have easily achieved their goal by prohibiting public burning, a legitimate exercise of their police power, and enhancing the penalty for those convicted of violating the statute if they did so in in opposition to the government (Gellman, 380). Therefore, penalty enhancement laws such as Wisconsinąs give the government too much power to excessively punish what it deems unacceptable. Clearly, when the legislature enacts penalty enhancement laws with the intent of suppressing unpopular ideas, the state violates both the First and the Fouteenth Amendments. The state interferes with an individualąs right to free speech by suppressing ideas not supported by the government, and fails to provide equal protection to all its citizens when it punishes an act more severely when committed by an individual whose opinions are not shared by the state. Mitchell v. Wisconsin is a clear example of majority will infringing upon minority rights, and proves that the BIll of Rights works well, except in the instances when it is most needed. There are probably more Supreme Court cases that favor Wisconsinąs position than there are that support Mitchelląs argument. However, many of these rulings are of questionable constitutionality themselves. Two cases arguably support Rehnquistąs position, but the Supreme Court has traditionally ignored the first of rulings, and the second has been misinterpreted. In Chaplinsky v. New Hampshire, Justice Murphy wrote what has become known as the łfighting words doctrine˛. Chaplinsky was a Jehovaąs Witness in a predominantly Catholic town. He distributed leaflets to a hostile crowd, and was refused protection by the townąs marshall. Chaplinsky then referred to the marshall as a łgod damn racketeer and a damn fascist˛, for which he was convicted of breaching the peace. Justice Murphyąs opinion argued that certain speech, including that which is lewd, obscene, profane, or insulting, is not covered by the First Amendment. According to Murphy, łThere are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or Śfightingą words- those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.˛ Under Chaplinky, bigoted remarks would probably qualify as Śfightingą words. However, the courts have generally been reluctant to uphold the Śfightingąwords doctrine, and the Supreme Court has never done so (Gellman 369,370). Even if todayąs Court were to consider Chaplinsky valid, Mitchelląs comments, though racial in nature, would be difficult to classify as bigoted. In fact, Constitutional considerations aside, the biggest problem with penalty enhancement laws such as Wisconsinąs, is classifying and prosecuting an incident as hate-motivated (Cacas, 33). At what point can we be certain the victim was selected based on race, religion, or sexual orientation? Another more pressing problem is police unwillingness to investigate a crime as hate-motivated (Cacas, 33). Certainly, the difficulting in determining whether a crime is hate-motivated is one of the reasons police are hesitant to pursue crimes as hate-motivated, and illustrates yet another reason why such statutes should not exist. Consider the following FBI guidelines to help determine whether a crime is hate-motivated (Cacas, 33): 1. a substantial portion of the community where the crime occurred perceives that the incident was bias-motivated; 2. the suspect was previously involved in a hate crime; and 3. the incident coincided with a holiday relating to, or a date of particular significance to, a racial, religious, or ethnic/national origin group These guidelines certainly fail to offer any exact or definitive system with which to classify crimes as hate-motivated. Another case which is cometimes cited as a precedent to support rulings such as Wisconsin v. Mitchell, is U.S. v. OąBrien. OąBrien had burnt his draft card to protest the draft and the Vietnam War, despite a law specifically forbidding the burning of draft cards. The Supreme Court ruled that the statute did not differentiate between public and private draft card burnings, and was therefore not a government attempt to regulate symbolic speech, but a constitutionality legitimate police power. The Court ruled that there is no absolutist protection for symbolic speech. Under OąBrien, the government may regulate conduct which incidentally infringes upon First Amendment rights, as long as the government interest is łunrelated to the suppression˛ of belief or expression. However, when states enact laws such as the Wisconsin statute, the state is not regulating conduct despite its expressive elements, but is penalizing conduct because of its expressive elements (Gellman, 376). Therefore, a more accurate interpretation of OąBrien, would be that it actually supports an argument against the Courtąs ruling in WIsconsin, and is not a precedent to support Rehnquistąs decision. Possibly more important, and certainly more recent, is the precedent established in R.A.V. v. St. Paul, a 1992 case. This case involved a juvenille who was convicted under the St. Paul Bias-Motivated Crime Ordinance for burning a cross in the yard of a black family that lived across the street from the petitioner. Justice Scalia delivered the opinion of a unanimous Court, but the Court was divided in its opinions for overturning the St. Paul statute. Scalia argued that the city ordinance was overbroad, because it punished nearly all controversial characterizations likely to arouse łresentment˛ among defined protected groups, and under-inclusive, because the government must not selectively penalize fighting words directed at some groups while not prosecuting those addressed to others, which is where the problem lies in the logic of the Mitchell decision. Though Rehnquist argued that Wisconsin v. Mitchell did not overturn R.A.V. v. St. Paul, łIf a hate speech law that enumerated some categories is invalid because, in Justice Antonin Scaliaąs opinion in St. Paul, Śgovernment may not regulate use based on hostility- or favoritism- toward the underlying message involved,ą how can a hate crime law be upheld that increases the penalty for crimes motivated by some hates but not those motivated by other hates?˛ In other words, if the St. Paul statute is determined to be under-inclusive, how can we include every conceivable hate within the context of any statute. łTo be consistent, legislatureąs must now include other categories, including sex, physical characteristics, age, party affiliation, anti-Americanism or position on abortion.˛(Feingeld, 16) More interesting (and Constitutional) than the majority opinion in R.A.V. v. St. Paul, is the concurring opinion written by Justice White, with whom Justice Blackmun and Justice OąConnor join. White writes, łAlthough the ordinance as construed reaches egories of speech that are constitutionally unprotected, it also criminalizes a substantial amount of expression that- however repugnant- is shielded by the First Admendment... Our fighting words cases have made clear, however, that such generalized reactions are not sufficient to strip expression of its constitutional protection. The mere fact that expressive activity causes hurt feelings, offense, or resentment does not render the expression unprotected... The ordinance is therefore fatally overbroad and invalid on its face...˛ Rehnquist argues that whereas the łordinance struck down in R.A.V. was explicitly directed at expression, the statute in this case is aimed at conduct unprotected by the First Amendment˛. Nevertheless, had Mitchell not stated, łThere goes a white boy; go get him˛, his sentence would not have been enhanced, he would have instead received the maximum sentence of two years in jail for his crime, instead of four. Therefore, the Wisconsin statute does not only punish conduct, as Justice Rehnquist suggests, but speech as well. The Wisconsin v. Mitchell decision cannot simply be viewed as one that does harm to racists and homophobics. There are much broader costs to society than the quieted opinions of an ignorant few. First, laws which chill thought or limit expression łdetract from the goal of insuring the availability of the broadest possible range of ideas and expressions in the marketplace of ideas.˛ Second, the Mitchell ruling not only affects eveyoneąs free speech rights with a general constriction of the interpretation of the First Amendment, but the ruling makes way for further constrictions. Third, penalty enhancement laws place the legislature in the position of judging and determining the quality of ideas, and assumes that the government has the capacity to make such judgements. Fourth, without the expression of opinions generally deemd unacceptable by society, society tends to forget why those opinions were deemed unacceptable in the first place. (More specifically, nothing makes a skinhead seem more stupid than allowing him to voice his opinion under the scrutiny of a national television audience.) Finally, when society allows the free expression of all ideas, regardless of its disdain for those ideas, it is a sign of strength. So when a society uses all its power to suppress ideas, it is certainly a sign of that societyąs weakness (Gellman, (381-385). The United States Supreme Courtąs unanimous decision in Wisconsin v. Mitchell is incorrect for a number of reasons. Constitutionally, the decision fails to comply with the freedom of speech guaranteed in the First Amendment, and the guarantee to all citizens of equal protection under the laws, listed in the Fourteenth Amendment. The decision also arguably overturns R.A.V. v. St. Paul, and suggests that the Court may be leaning towards a new Śfighting words doctrineą, where unpopular speech equals unprotected speech. The decision also damages societ as a whole in ways that are simply immeasureable in their size, such as those listed in the preceding paragraph. Wisconsin v. Mitchell is a terribly flawed Supreme Court decision, which one can only hope will be overturned in the very near future. łThe freedom to differ is not limited to things that do not matter much. That would be a mere sahdow of a freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. łIf there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion...˛ -Justice Jackson in W.V. Board of Education. v. Barnette Bibliography Cacas, Samuel. łHate Crime Sentences Can Now Be Enhanced Under A New Federal Law.˛ Human Rights 22 (1995): 32-33 Feingold, Stanley. łHate Crime Legislation Muzzles Free Speech.˛ The National Law Journal 15 (July 1, 1993): 6, 16 Gellman, Susan. łSticks And Stones.˛ UCLA Law Review 39 (December, 1991): 333-396 Chaplinsky v. New Hampshire R.A.V. v. St. Paul Texas v. Johnson U.S. v. OąBrien Wisconsin v. Mitchell Wooley v. Maynard W.V. State Board of Education v. Barnette f:\12000 essays\law & government (233)\Mothers With a Divided Heart.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ April 3, 1997 Comparative Essay Mothers With A Divided Heart The importance of raising children to be productive members of a rapidly evolving, achievement oriented society, is paramount to the success of the family and the global economy. At the same time, the stresses of every day individual economic and personal fulfillment needs are a significant counter force. This force works against the available time and effort required for mothers to successfully nurture their young. It has resulted in societal "Mommy Wars", pitting the working mom against the stay-at-home mom, in a battle over which model offers the clearest path to nurturing success. Bridging the gap requires each to accept that there is not one right choice for every family and to understand and respect each individual decision. All moms have one thing in common: they make sacrifices to do what is best for their families. To a working mom, this means not spending as much time with her children, and for stay-at-home moms, this means not getting much time to herself. Being home or not with the children is not as important as creating an environment where the children can thrive and feel loved. Stay-at-home moms are often viewed as łsoap-opera-watching couch potatoes˛ with no ambition. Rather than being praised for their decision to stay home, they often feel they need to defend it. Society talks so much about family values, yet gives little respect or value to stay-at-home moms who raise the families. In addition, stay-at-home moms find it challenging to provide a social setting for their children when being at home all day is the only stimulation they have. Furthermore, the strain of not bringing in money for a better standard of living can lead to self-doubt and isolation. That feeling of insecurity can be put to rest, however, with the peace-of-mind that comes from knowing that the child is being well taken care of. Stay-at-home moms have the opportunity to become more involved in the childrenąs school activities as well. This can be important to both because it shows interest in the child and that leads to higher self-esteem for the child. This way of living is beneficial for the children as well because there is only one set of rules to follow. The children feel a constant unconditional love from their own parents that is unlike any other love. Children can thrive with a routine and rely on the stability they feel when they have mom to count on łbeing there˛ all the time. Staying home to raise a family is healthy for the family to grow together and to support each otherąs roles. Family support is important, however, working moms are often viewed as deserting their children in order to have nicer cars and homes. They are said to łwant it all.˛ Yet at times, they are denied łit all˛ in the work place specifically because they are moms. Working moms experience the stress of being pulled in so many directions, it is like living with a divided heart. The pressure of economics that force many single mothers into the workplace makes the choice a limited one and creates a sense of guilt. The guilt about not łbeing there˛ for the children and the fear that they are not being well taken care of adds to the stressful decisions working moms need to make. The guilt multiplies when there is a feeling of selfishness wanting to pursue a career and wanting łmore˛ for the children and the family. In spite of these drawbacks, working moms have many benefits. They have the luxury of learning and growing every day independent of their families. The mental satisfaction of knowing that they contribute to the success of their company is very satisfying. It is rewarding to know the children are learning how to play, share and laugh with others. Working moms are so anxious to see their children after a day at work, it creates a sense of bonding when they get home. Moms and kids have the evenings to really focus on each other and learn about each other. They are also pulling their own weight with an income of their own, and this builds personal self-confidence which is healthy for the whole family. Financially, it is easier to provide a larger home and a higher education for the children. The advantages to the children lie in the social skills they Page two of two Comparative Essay Kathy OąReilly acquire being in different settings and interacting with other people. If the children are in a daycare setting, they can learn how to adapt to change, share with other children, and prepare for school which is important for their roles as future adults. Working moms should feel proud of their accomplishments and good about themselves for giving their children the gift of independence, self confidence and love. Happy, healthy children is the common goal for every mom. The environment mothers place them in is up to each individual. Both kinds of moms have a lot in common: both miss what the other has, both make sacrifices, and both find themselves having to justify their decisions. Dr. Jacqueline Lerner, a psychologist at Penn State, did a study of each group and found that łthe most poorly adjusted children were those with mothers who wanted to work but were staying home, and those with working mothers who felt they really should be home.˛ Although it makes sense that happy mothers will raise well-adjusted children, the problem for many mothers is the guilt and worry they feel no matter which route they take. Moms should be proud of the work they do and confident that they are doing what is best for the family. After all, children are unconditionally accepting, and all they ever want is to be loved. f:\12000 essays\law & government (233)\mtv and the madonna phenomenon.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ MTV and THE MADONNA PHENOMENON "Madonna's intuitive grasp on the televisual world in which we live- of the medium's possibilities for engaging spectators in diverse ways- that in part accounts for her success. She is the supreme television heroine." (E. Ann Kaplan 271) "What are the main theories which we have studied so far and how have they affected how you view television?"- This is the question which this paper is supposed to answer. Obviously there is not enough time or space in which to discuss every theory which we have touched on. As a compromise I decided to write about a topic to which almost every theory that we have discussed can be applied: MTV and the "Madonna Phenomenon". As E. Ann Kaplan stated in her article on feminist criticism, Madonna is truly the ultimate television heroine. A discussion on contemporary popular culture and especially on media culture could never be complete without bringing up Madonna. She can be discussed in terms of feminism, ideology, hegemony and commercialism as seen in both Kaplan's as well as in John Fiske's article on British Cultural Studies. In order to properly explain how the "Madonna Phenomenon" has become such an important concept in media studies, one must look first at how influential MTV (music television) has become in the last decade. MTV addresses the "desires, fantasies, and anxieties" of young people(Kaplan 270) who have, like myself, grown up in a decade when all the traditional institutions and theories that were always respected, are being questioned. It has become the center of discussions of many young people who have grown up idolizing the figures shown on the network. MTV is a culture in itself. With it's own news, fashion and music programs it can easily be the considered the basis for the formation of thought of an entire generation. The images depicted in music videos, of androgynous stars and situations have aided in rendering the clear line between the genders rather blurry. This makes MTV an important aspect in the study of post-modern theories. Videos are often quite abstract and it is hard to figure out their true meanings. Unlike other television programming, videos are usually not made up of clear parts or scenes which produce an easily identifiable and readable image. It is often hard to tell, for example whether a music video is sexist or whether it is simply making a parody of earlier, sexist, Hollywood productions. Looking at videos of fully clothed men , singing about love while bleach-blond girls in bikinis dance around them can be quite confusing at times. Is it possible that these videos are actually daring to be so blatantly sexist? It is highly doubtful. The people behind the Music Video industry have quite brilliantly built up an entirely new television and music empire, complete with it's own stars. They have managed to use a form much like that of television commercials to glorify their products which are in this case the singers. There are those stars who are now known more for their videos than for their music. At times these video stars are not even close to being good singers but have such strong innovative videos that they manage to become successful without the possession of talent. These stars must be analyzed not only as people but also as industries. Their personas have been meticulously constructed and they have been promoted as well as a can of "Coca-Cola Classic". This brings us to the world of Madonna Veronica Louisa Ciconne Penn, or rather Madonna- the most powerful woman in the Music Video world. Madonna is the perfect object of analysis, if one wishes to look inside the MTV world. She is the subject of numerous discourses. There are both differing feminist constructions of Madonna as well as Madonna's constructions of herself. The main topic which will be dealt with in this essay is Madonna's place in the world of feminism. There are four categories of feminism which are usually considered: Liberal feminism, Radical feminism, Marxist feminism and Post-Modern Feminism. The "Madonna Phenomenon" can be looked at in terms of both the third and fourth categories, and is often criticized by those who follow the radical feminist theory. Madonna herself said, in bashing her radical feminist critics: "Tell Gloria Steinem and the gang...to lighten up, get a sense of humor. And look at my video that goes with Material Girl. The guy who gets me in the end is the sensitive one with no money." The first theory which I am going to discuss in relation to Madonna is Marxist Feminism. Marxist feminism is based on the principle of how women as a group are manipulated by economic and political factors which are out of their control. In terms of television viewing, Marxist feminism explores the portrayal of women on television focusing on how they are shown in the workforce. The theory behind Marxist feminist television analysis is that if women are needed in the workforce at a given time than television will portray women in the workforce. On the other hand if women are not needed in the work force than it will be economically beneficial to portray women as housewives or holders of mediocre or "unimportant" jobs. One may ask how Marxist feminism relates to Madonna. In plain terms, Madonna has defied the constraints which usually define how women are portrayed on television. In times when many women on television and especially in music videos are shown as mere sex symbols and rather inanimate objects of desire, Madonna has proved herself to be a strong independent woman. One may dispute this by pointing out that Madonna uses her body to promote herself. Indeed her persona is based mainly on her sexuality, but Madonna is not your average sex symbol. She is a brilliant woman who has used a patriarchal society which takes advantage of women and manipulated it so that it works to her advantage. More than a singer Madonna is a business woman. Madonna has not let society and politics influence how she portrays herself or how she lives at all. Madonna does what she wants, and perhaps if other women did the same than Marxist feminists would not have so much to complain about when they analyzed women on television. When it comes to money making- the key to Marxism Madonna is a genius. Combining the "Madonna Phenomenon" with Marxist feminism has been one of the main ideas which has influenced my opinion of Madonna as a person. When watching her videos I no longer see a woman dancing around in her underwear for money. I see someone who knows well that women are easily controlled by the patriarchal society and economy. She has obviously studied how women are shown on television and made a mockery out of it. People are offended by her because they know well that she is one of the few women who has been strong enough and has had enough courage to stand up for what she thinks is right, and has been extremely successful in doing so. Madonna could have marketed herself as many other female stars do: as helpless victims of man, torn apart by love gone wrong. Instead she has shown, to the advantage of her many young female fans, that women do not have to be victims. In her music video "Express Yourself" Madonna actually plays with the idea that in the career world men are the bosses and women their workers. Based on early German expressionistic films the video shows Madonna as the performer, but also as the director and narrator. She is the female heroine of the video but also presides over the text before it begins, heralding it as dedicated to women in retaliation to the male address in the German films. The video empowers women and influences them to take control of their lives. The Post-Modernist feminist view is almost always discussed in relation to Madonna. E. Ann Kaplan writes about Madonna in relation to post-modernist feminism in bringing up another one of her more famous videos, "Justify my Love". This video perhaps took Madonna's post-modernist daring to it's furthest. It was banned by MTV as obscene yet it sticks out as one of Madonna's most brilliant works and career steps to date. American viewers (who are probably not used to anything more artistic than "Tool Time") misunderstood Madonna's fantastical depiction of 1920's Germany. It is a ornate, stylized vision. This video forces the viewer to look past the images that they may see as obscene in order to question the confines of "gender constructs and the cultural constraints on sexual themes and sexual fantasies" (Kaplan 275). Madonna has explored female fantasy and in this respect, she is to be regarded as someone who tries the limits of social codes, in a time when the dominant culture is revolting against the challenges of the 1960s. She reacts against American sexual mores and explores women's sexual alternatives from lesbianism to sadomasochism. Madonna as a feminist has proved herself to be a useful, rebellious role model for young women who have the need to look up to someone who is powerful and self-promoting. She enables girls to see that female sexuality can be used to their advantage, and that their subjectivities do not have to be totally determined by the dominant patriarchy. British Cultural studies also provide an opening for a discussion on the "Madonna Phenomenon'. Her success has been due in great part to television and music videos, and many critics will dispute her musical talent but will concede to the fact that Madonna has one of the most powerful "looks" in history. These critics might say the Madonna has made her fortune by using her sexuality to manipulate young girls. As Fiske writes, however, this theory could only be true if one thought of all Madonna fans as so-called "cultural dupes" (Fiske 304). There is a great deal of evidence to support this theory. Madonna may be seen as just another female star who aims to show herself as the embodiment of male sexual desires, this would propose that she is attempting to teach young female fans that they are simply "feminine subjects within patriarchy and as such is an agent of patriarchal hegemony" (Fiske 305). I choose to believe as Fiske does that this is not the case. The young girls choose to imitate and in fact idolize Madonna rather than anyone else because she goes against ideological control and allows her fans to construct meanings that relate with their personal social experiences. The girls do not see her as someone who has conformed to the dominant ideology of women but rather as someone who has offered opportunities to resist it. "Her image becomes, then, not an ideological role model for patriarchy, but a site of semiotic struggle between the forces of patriarchal control and feminine resistance...". Madonna attempts to instill in girls the ability to keep their care-free feelings towards exhibitionism and self-expression that society tries to take away from them when they reach womanhood. She recognizes the significance of sexual identity in determining our social relations and experiences. In working various meanings into her texts she points out their role in male hegemony. She shows that women may be either "worshipped and adored by man or used and despised by him." Madonna is a woman who has greatly influenced the thoughts of many contemporary women. Some may hate her and some may love her but all must admit that the packaging and industry that is "Madonna" is monumental. In answering the question "how have these theories affected the way you view television?" I can sum up everything which I have just written about. Were it not for my studying of the "Madonna Phenomenon" I would look at the women on television (and in particular those in music videos) quite differently. I would see them,, as I had in the past as victims of the dominant ideology and the patriarchal society which we live in. Madonna proves that women can fight against the regulations which are forced onto women: that if they are sexual beings than they are nothing more than sex symbols, and that society determines how women are portrayed on television. If I could go as far as to describe Madonna in one word it would be "strong". I not only enjoy her work but admire her ability to do what she feels like doing, even if she completely disregards society's definitions of decency. She is one of the few women in history who has never asked others to accept or like what she does. To conclude I would like to quote Madonna herself in order to demonstrate her atypical way of thinking which has brought her such undeniable success: "Poor is the man whose pleasures depend on the permission of another" -Madonna "Justify my Love" f:\12000 essays\law & government (233)\My GreatGrandmother was not a Person.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ My Great-Grandmother was not a Person My Great-Grandmother was not a person. Neither was yours. Up until about 67 years ago no females were. We were supposed to be pregnant and barefoot in the kitchen. At least that's the perception that the laws enforced. (For ex: The Election Act of the Dominion of Canada and The Common Law of England) As part of the British Commonwealth many of our laws were the same as England's and enforced by British parliament. One such law from the Common Law of England stated that "A woman is not a person in matters of rights and privileges, but she is a person in matters of pains and penalties." This gave women second class citizenship. Women were not recognized as equals to men, even though the expectations of women were such that the work load was equal if not greater. As pioneer women we built homes, raised families, maintained the homestead, hunted food, fought natives, made clothes, cooked, cleaned, as well as the many manual labour jobs that men held. For example, women worked in coal mines, armories, and aided the war effort via the manufacturing industry, such as factorys. If this is what is determeined as equality then women were getting the short end of the stick and men were receiving all of the benifit. This perception still holds strong today, although not as strongly. Men said that women were to fragile to vote. Yet no man has ever experienced labor pains. Furthermore no man has fought any battle that was as hard as the one the famous five women have fought. The Election Act of the Dominion of Canada states that "No woman, idiot, lunatic, or criminal shall vote." So women are equal to criminals? It's not a crime to be a woman. We should not be judged by our sex. On April 19, 1916 women in Alberta were granted the right to vote. A small battle was won. Five Canadian women have conquered countries and nations for their rights. When questionning the wording of "qualified persons to the senate" the Supreme Court of Canada rejected that the word "persons" included women. This battle was lost but the war was won when the Privy Council of England (the highest court in the land) ruled that the word "persons" included women. That was the 18th of October, 1929. The famous five women are: Irene Perlby, Nellie McClung, Henrietta Muir Edwards, Louise McKinney, and Emily Murphy. These women have fought a battle of sexism that is of historic importance. Millions of women in Canada have these five women to thank for the past 67 years of equality' Today the battle of the sexes still rages on where equality is still an issue in our daily lives. "Despite all my rage / I'm still just a rat in a cage" B. Corgan Smashing Pumpkins The views of society are that women are the inferior sex even though the law recognizes women as equals. Not until such time that women start becoming a predominant force in government, the workplace and can educate this equality to everybody; then will the battle of the sexes end. Today's woman can use her energies to fight the destructive forces of the marketing machine. Men can help too. Large corporations, fashions, Hollywood, Disney, Mattel and every sort of advertising that exploits women have a destructive message for society, that women are not perceived as equals. By educating out children and the following generations that gender equality is an important value that society should respect. The Famous Five fought the legal war that recognizes women as equals. It's time for us to fight society's gender war. We are here as humans, as people, as equals, as persons. I'll leave you with this closing thought... "No woman can become or remain degraded without all women suffering." E. Murphy f:\12000 essays\law & government (233)\New Jersey vs TLO Supreme Court Case Legal Opinion.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ TLO vs. New Jersey: When is the constitution invalid? Justice Matthew Kaufman In the case of New Jersey vs. TLO, I rule in favor of the petitioner, the state of New Jersey. In this case, I found no reason in the claims made by TLO and her defense. They claimed that the search conducted by school officials was unconstitutional. These officials were searching her purse for cigarettes, which she was caught smoking in the bathroom. During the search for the cigarettes they found the cigarettes, rolling papers used for making joints, a list of names with quantities of money owed to TLO, and finally a bag of marijuana. TLO says that she cannot be tried for any of these offenses, because she was violated of her rights promised in amendment 4, unlawful search and seizure. Yet, the incriminating items were found at the same time as the cigarettes, and given reasonable cause for suspicion, the school does have the legal right to search its students, and finally, the school officials had the right to search her purse because there was a reasonable doubt of her claiming to innocence being true. TLO's 4th amendment rights were however, in fact not violated due to the reasonable cause and suspicion of her smoking, so the search was truly reasonable. And there is the fact that the teacher caught her smoking. Obviously it is the teacher's responsibility to take the student to the principal for suspension or other means of punishment. When TLO was asked whether or not she had been smoking, she said no. The school officials then had a reasonable doubt, and they now had by all legal means the right to search TLO for evidence that she had been smoking. The search of her purse, if she had been innocent, would have proved her innocent, or guilty if she actually was guilty. The search was conducted privately, and was by no means humiliating to TLO. Finally the officials did search TLO's purse for any kind of evidence, to prove her innocent, or guilty. They, in the process of the search, found all the following incriminating items: the cigarettes, rolling papers used for making joints, a list of names with quantities of money owed to TLO, and a bag of marijuana. The order in which they were found is still unclear. None the less all these items were found during the search which was justified by the suspicion of her smoking. Due to obvious reason, the search was justified, and thereby proves that the bringing of this case to the supreme court is illogical, and utterly senseless. TLO was caught smoking, and with a reasonable doubt, the school officials searched her purse, in the process of the search, they found incriminating items, and therefor proved her testimony to be a lie. The school officials did no violate her 4th amendment, because they had a reasonable doubt. Finally, now TLO should be dealt her due punishment for her wrongs, and stop using the constitution to try and elude those punishments. f:\12000 essays\law & government (233)\numbers versus reality.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ More and more women are being elected to the House of Commons today. However, this does not mean that there is an increase in the mobilization of women's issues. There is a need for a "critical mass" to be achieved before the voices of women shall be heard in elite politics. This "critical mass" theory say that when the number of women reach 30% then they become a real force in politics. Having more women visible in the media is making the idea of becoming a politician more and more feasible to young people. Role models are extremely important. Presently, women compose of 19% of the House of Commons. Who knows, maybe five years from now, the "critical mass" of 30% shall be achieved. Then, women's voices shall really be heard and the increase in representation will amount to an increase in policy. f:\12000 essays\law & government (233)\Olmstead v United States.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Olmstead v. United States (1928) Opinion delivered by Chief Justice Taft Vote: 5-4 Case reached Supreme Court by writ of certiorari. Facts: The evidence in the records discloses a conspiracy of amazing magnitude to import, possess, and sell liquor unlawfully. Involved were not less than fifty employees, two sea-going vessels for transportation of the goods to British Columbia, a ranch beyond the city limits of Seattle with a large underground cache to store the liquor, and many other caches around the area of Seattle, a maintained city office with executives, secretaries, salesmen, deliverymen, dispatchers, bookkeepers, collectors, scouts, and an attorney. Olmstead was the leading conspirator and manager of the business. His invested capital brought him 50 percent of the total income of the company (said to be over 2 million/year), and the other 50 percent went to 11 other investors. In the main office building there were three different telephones with separate lines for each. Telephone communication was made throughout the city, the homes of the investors, customers, Vancouver, to and from the office building and ranch. Times were fixed for the delivery of the "stuff" to places along the Puget Sound and from there was transported to the various caches. The information leading to the arrests was made primarily by four Federal prohibition officers. The officers placed small wires along the main lines outside the homes of the four main conspirators and that of the office. No intrusion was made into private property. Olmstead was found to have made dealings with members of the Seattle police to secure the release of any of the conspiring parties that might get arrested. Procedural History: Petitioners were convicted in the District Court of the Western District of Washington for conspiracy to violate the National Prohibition Act. The conviction was upheld upon appeal to the Ninth Circuit Court of Appeals. The case was granted writ of certiorari to the US Supreme Court. Legal Issue: Whether the use as evidence of private telephone conversations between the defendants and others, intercepted by means of wiretapping, amounted to a violation of the fourth and fifth amendments. Holding: The Court held that the use of wiretaps to obtain evidence is not a violation of the Fourth Amendment protecting against unreasonable searches and seizures, since the information obtained was neither material, nor was it a thing to be seized. Judgement: The decision of the lower courts were upheld. Legal Reasoning: 1. "There is no room in the present case for applying the 5th amendment unless the fourth was first violated. . .[petitioners] were continually and voluntarily transacting business without knowledge of the interception." 2. The well-known purpose of the 4th was to protect against general warrants and writs of assistance to prevent the use of governmental force to search a citizen's house, his person, papers, and effects and their seizure against his will. The amendment protects material things. The description on the warrant necessary to make the proceeding lawful must specify the persons or things to be seized. 3. There was no searching. There was no seizure. 4. No entry in the defendants' houses. 5. The wording of the 4th cannot be extended to included telegraphs and telephones that reach to the whole world from the defendant's house (or office.) "The intervening wires are not part of his house or office, any more than are the highways along which they are stretched." Dissenting opinion: Written by Justice Brandeis. He quotes Chief Justice Marshall in M'Culloch v. Maryland when he says, "We must never forget that it is a Constitution we are expounding." Since then, Brandeis says, the Supreme Court has continuously sustained the exercise of power by Congress over objects which the founding fathers could have never dreamed. As time goes on, there become more and more ways for the government to intrude upon the privacy of the citizen (through technology.) "Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions." The founding fathers, in writing the Constitution, knew that only part of the pain, pleasure, and satisfaction of life could be found in the material things. They wished to protect the beliefs, thoughts, and emotions of the individual, to ultimately protect his privacy, his right to be alone, the value most highly kept by civilized men. Hence any intrusion upon that privacy is subject to the 4th amendment protections. [Government cannot be allowed to commit crimes in order to apprehend the private criminal. Crime is contagious. If the government breaks the law, it breeds a general contempt for the law.] f:\12000 essays\law & government (233)\Opening Statements.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Opening Statement May it please the court, counsel: My name is Zach Keeton and along with my co- counsel Chad Miller and Eric Page , we represent Mr. Chris Moss in this case. Your honor this is the case of Chris Moss Vs. Dr. Terry Preece and the Edgewood Unified School District. The evidence will show that Chris is part way through 12th grade, and in fact he can't even read. Your honor this is very alarming to us because of one simple fact: Chris has never failed one of his reading class. The evidence will show that there was educational malpractice in this case. We will also show that the Edgewood School district has a set of guide lines which is passed down from the state of Independence. The guide lines are better known as statutes. They state: 1. Each school shall develop proficiency standards which shall include reading comprehension, writing and computation skills in the English language, necessary to success in school and LIFE experiences. 2. The competent educator shall use or promote the use of appropriate diagnostic techniques to analyze the needs and potential of individuals. 3. Each competent administrator shall support the process of learning by providing appropriate and reasonable materials and equipment and by making reasonable assignments and tasks. These are applicable laws that are supposed to met by all the school district in the state of Independence, including the Edgewood School District. Through evidence which the court will hear today, we will prove that Dr. Terry Preece , the school superintendend made it a point to pass all of the students in his school district whenever possible. On the other hand we will call 3 witness to testify during the course of this case. The first witness which we will call is Chris himself. He will state that he has problems reading a simple restaurant menu. What again alarms us about this fact is that Chris passed his 11th grade reading class with no grade lower than a C. The second witness which we call is Dr. Daniel Stein. She will show that Chris could have learned these skills if in fact he had been properly taught. Our third witness is Mr. Raye Payne. He will say that he feels that Chris can't handle a simple mailroom job at his law firm. The testimony that you will hear today we will show that the Edgewood School District is in fact at fault for Chris's problems. We will show that the school district has a duty to educate people like Chris Moss. The people that are at a disadvantage. Your honor it is easy to educate a stduent with a natural talent, but the real challenge lies with trying to educate the people like Chris Moss, the people who are average in intelligent, but below average with the basic reading and writing skills. My client is suing Dr. Terry Preece and the Edgewood unified School district for $20,000 to cover a private tutor and court costs. My client is also asking that the school district develop a program so that students that graduate after him will have basic reading and writing skills. This program will benefit the future students at the Edgewood schools in a way that the students will not have to go through the embarrassment and the suffering that my client is going though. f:\12000 essays\law & government (233)\Opinion on the death penalty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Opinion on the Death Penalty The death penalty, also referred to as capital punishment, has been abolished in Canada since 1976, but still exist in a few American States. The last execution in Canada took place in 1962. I disagree with the death penalty for several reasons. My first reason is that I find it extremely inhumane to take someone's life in order to demonstrate the power of the law. Another reason for my disapproval of the death penalty, is the amount of money that it takes to put someone to death, as it would cost the same to keep an inmate in jail for life, as it would to put that same inmate to death. My third and final reason, is the guilty conscience that is placed on everyone involved: the jury who convicted the accused to death; the witnesses to the execution; and the jail warden who must give out the execution; and the person who pulls the switch or induces the poison. Early societies were based on a simple code of law: "an eye for an eye and a tooth for a tooth". Today, now that our society has become more advanced, we do not function by this ancient code of punishment. For example, we do not rape the rapist's daughter; we do not kidnap the kidnapper's children; but if the death penalty were permitted, we would " kill the killer". So why, as educated citizens, would we want to lower ourselves to this level? Do we feel that we need to show the power of the police force by killing the killers? The death penalty is extremely barbaric and is often botched in order to let the accused suffer for several minutes. Society by now must realize that two wrongs certainly do not make a right. You do not show society anything, by killing the killers, except your ignorance for human life and well being. Some thought has been that if you do "kill the killer", it will deter others from committing such a terrible crime. However, murder rates in Canada have remained the same and there is no significant difference when comparisons are made of those States who still have the death penalty. A widely publicized execution might reduce homicides, but only for a brief period. Therefore, I do not feel that Canada should permit such a deplorable undertaking of a human life. I know they must be punished, but there is a better way. - 2 - Prior to putting someone to death, the accused's lawyer will attempt several appeals to the courts in order to lengthen the amount of time he has to live; and dependent on a technicality, or a sympathetic jury, the accused may be sentenced to life imprisonment. These appeals take up an abundance of court time and cost the public millions of dollars. With the cost of these appeals, it would cost the same amount to keep the same inmate in jail for a life term. Would it not be better for the inmate to perhaps obtain an education or be given the chance to rehabilitate, rather than strapped to a chair and killed ??? I personally would rather see the inmate suffer in prison and have nothing to look forward to rather than letting the government put him out of his misery by killing him. To sentence someone to death takes one trial but to actually get some one in the chair to kill them could take a dozen of trials. The question must be asked why do we bother with this lengthy and costly process when we could sentence people to life in prison, at the same cost. The killing of a human being is very traumatizing to all. Whenever the courts issue someone to death, the innocent everyday people who are involved must be affected. Just imagine how these normal human beings, like you and I, must feel after witnessing a gruesome killing of another human being. These people will never forget the face on the person that they saw being gassed, electrocuted, or poisoned. The prison wardens who must carry out the killing of the sentenced inmate must deal with the emotional problems that performing this act will accompany. Also the jury must convict the accused and then sentence this person, whom they have never seen in their life, to death. These twelve men and women are put in a position to decide if this person should spend the next twenty-five years in prison or should he be sentenced to death. Would you like to be put into this situation? I know I sure wouldn't. Another issue is what if a person has been convicted and sentenced to death, and two minutes after the execution, new evidence comes out of nowhere that proves he is innocent of all charges. How do you pay back this poor person's family? A long liable suit would follow, but I'm sure all the money in the world would not bring back their family member. What are the police officers going to do? They thought that they had the right person for the crime and now, with new evidence, they were proven wrong. The death penalty is so final, and it cannot bring a life back, no matter what the circumstances are. - 3 - In conclusion, I feel that the death penalty should remain abolished in Canada and should also be abolished in the United States as well. The death penalty is a barbaric and inhumane form of punishment. Capital punishment has a very costly and lengthy appeals process attached to it, and is not very economically smart. Also carrying out the killing of someone leaves extremely deep emotional scars that do not go away overnight. People who witness the killing are probably scarred for life, plagued with nightmares and they will never forget the face on the accused as he was receiving his punishment. By taking someone's life, you too have become a "killer"; no matter what the circumstances. I simply believe it is not right. f:\12000 essays\law & government (233)\Overview of Law.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Environmental Law Nollan vs. CCC Abstract of: 483 U.S. 825, 97 L. Ed.2d 677 James Patrick Nollan, et ux., Appellant v. California Coastal Commission. Case Definition: The case is Nollan versus the California Coastal Commission. The Nollans were the appellates against a decision made by the California Coastal Commission (CCC). The Nollans had been leasing a property on the California coast with which they had an option to buy. The property lies directly at the foot of the Pacific Ocean and is a prime piece of real estate on the California Coast. The property had been used by the Nollans to rent out during the summer months to vacationers. At the end of the Nollans' lease they took the option to purchase the land and began preparing for the terms of purchase by the previous land owner. Among those terms was the demolishing of the small deteriorating bungalow that the Nollans had been leasing. The Nollans had planned to expand the structure from the small bungalow that it was to a three bedroom house more complimentary to the surrounding homes and their needs. In order to begin destruction of the property and begin rebuilding the site the Nollans had to secure a permit from the California Coastal Commission. Upon submitting the permit application, the CCC found that the permit should be granted on the condition that the Nollans provide public access to the beach and to the local county park, which lay adjacent to the property. This provision called for the Nollans to use a portion of their land to be used as a public walkway to the beach and park. The Nollans protested to the condition, but the CCC overruled the objection and granted the permit with the condition intact. Case Decision: The Nollans filed a petition to the Ventura County Superior Court asking that the condition to supply easement be removed from their permit. The Nollans' argument was that there was not enough evidence to support the developments limiting of public access to the beach. The argument was agreed upon by the court and the case was remanded to the California Coastal Commission for a full evidentiary hearing on the issue of public access to the beach. The CCC held a public hearing which led to further factual findings which reaffirmed the need for the condition. The CCC's argument was that the building of the new structure would limit view of the ocean, and therefore limit access to the public who had full rights to use the beach. To compensate for the limitations on the public the Nollans would have to provide access to the beach from their property. The CCC also noted that all of the other developments on the same tract of land had been conditioned similarly in having to provide public access to the ocean. The Nollans filed a supplemental petition for a writ of administrative mandamus (a writ that would order a public official or body to comply with a specified duty issued by a superior court). The Nollans argument was that the permit condition violated the Takings Clause in the V Amendment, and also in the XIV Amendment of the Constitution. The court agreed that the administrative record did not provide for in showing the existence of adverse impact on the publics' access to the ocean. The court granted the writ of mandamus, and directed that the public access condition be removed from the permit. The CCC appealed the case in the California Court of Appeal and won the decision. The Court of Appeal found an error in the Supreme Courts interpretation of the Coastal Act which mandates public access to any category of developments on the coast. The Court of Appeal also found that the Takings claim was unsubstantiated by the Nollans. The permit condition did take from the value of the land, but did not restrict them of reasonable use of their property. The Nollans then appealed to the United States Supreme Court. The argument made by the Nollans continued to revolve around the Takings Clause in the V Amendment. The Supreme Court found that the requirement of the permit only put a restriction on the use of the property and not a "taking" of the property. The Supreme Court also held the California State Constitution to have standing, and upheld the ruling made by the Court of Appeals. Reasoning for Decision: I believe that the reason the Supreme Court decided as it did was that its interpretation of the California State Constitution provided for the authority of the CCC's permit regulation. The part within the states constitution says that access to any navigable waters shall not be limited by any person when it is required for any public purpose. The "navigable water" clause infers the actual use of the water and not the beach itself. The Supreme Court did not want to make a case of this for intervening in states' constitutions is nasty business; and there was not a big deal concerning the language of the law from either of the parties. I think that a similar case could be argued attacking the Constitution of the State of California concerning the navigable waters clause. I would still have to agree with the CCC's permit condition of allowing public access to the beach, because I like the beach and am in no position to purchase land bordering it so I need access. f:\12000 essays\law & government (233)\Paul Bernardo.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The urge shot through the mans body, uncontrollable, like sharks in a feeding frenzy. He could only quench his feverish desires by carrying out unspeakable devilish acts. The victim didn't matter, no thought was given to any implications of the satanic rituals. Several times Bernardo resorted to defecating of human beings in order to satisfy his sick and abnormal urges. Paul Bernardo's lustful and diverted sexual desires sprouted from the influence of pornography. Pornography caused him to fixate on anal intercourse, and violent, dominant sex. Pornography also played a large role in his lust for younger virgins, and the ever apparent satomasifism as seen on tape. Paul Bernardo, during his teenage years became slowly infatuated with women mostly because of his obsession with porn films. At the time film was enough to feed his growing desire for kinky sex. He was content to just watch and not act out what he saw on the videos. Through the steady diet of grotesque video's he became of aware of the type of women he wanted through what he saw. He lusted a women who was submissive and eager to please. This was the beginning of his abnormal sexual behavior. One year out of high school, Paul began his journey into the world of sexual control were he dated a sixteen year old high school student. This girl perfectly fit the description of Pauls ideal in being naive and unsophisticated. Over the three and one half years Paul was with her he used her like his personal sex toy. Throughout the entire relationship he convinced her that what they were doing was acceptable behavior. An example of his acceptable behavior was wrapping a piece of twine around her neck while he sodomized her. The twine only satisfied Bernardo for a time. Later, a knife became part of his "kit." These mercenary acts were all influenced by porno films. Paul became aroused with the power to be the master in his sexual acts and he couldn't get enough. One night in October of 1993 Paul seemed to be a magnet to Karla Homoka. The minute the two met, there relationship set off like a missile. Karla suffered love at first sight, with his looks, charm and maturity she couldn't go wrong. Karla was just the type of women Bernardo desired. She was good-looking, had a great body was naive and trusting, someone he could control, dominate and use as his personal sex toy. There sex life fired into action and the two were constantly searching for new adventures. The pair began having anal sex with Paul pulling a electrical cord around her own neck while his camera recorded the moment. The two's intimacy seemed to have no limits. When it came to their desires, their urges were unstoppable. Karla was like a dream come true for Paul because she resembled the women in the Salacious video's Paul watched. This made Pauls sex life feral knowing that he had a tremendous opportunity with Karla and all his sexual fantacies could be carried out. Karla appeared as though she would go to all lengths to please her persuasive and controlling lover. She was controlled by Paul that she helped him drug and rape her younger sister Tammy. She even performed oral sex on her to please her demented lover, while Paul filmed the event. This new world of sexual dementia brought Paul to abduct the teen Leslie Mahaffy. Bernardo kept her for a day, during which he satisfied his lusts, videotaping the assaults for later pleasure. Mahaffy had to refer to Bernardo as master as he raped her. Ten months later Bernardo struck again kidnapping Kristen French. Bernardo inflicted similar hideous atrocities to his 3rd victim as he had done before. Pauls putrescent fantasies, brought upon by his early encounters with sex, altered his interests and enticed his mind. Becoming remiss of his partners and being remorseless to their presence, he chose to act in such a barbarous way. He only cared about his sexual satisfaction and felt that nothing could stand in the way of his demented fantasies. Indoctrinated in his mind at an early age, were demented ideas of what sexual fulfillment should be. Paul Bernardo grew to become the remorseless, dysfunctional person he is today because of his early experiences. Suffering from uncontrollable erotic sensations which compelled him to carry out his inhuman acts he struggled to please his immense sexual appetite, his many deranged fantasies were a result of his interest in pornographic material which fixated his mind on limitless, controlling sex. If Bernardo was subject to different intellectual material as a child Paul may have chosen a different path to follow. f:\12000 essays\law & government (233)\Pedophilia Causes and Typologies.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Perhaps no single act causes such strong emotions as the act of child sexual abuse. Child molesters can not even find refuge in prisons where rapists and murderers are commonplace. These offenders are shunned in every aspect of our society, yet there is no consensus as to the causes of this behavior. Sexual abuse of children is not new, and has not always been socially taboo. The ancient Greeks and Romans used children for sexual gratification(Langevin, 1983). In Greece, it was commonplace for adolescent males to be forced into sexual relationships with mature males. This behavior was normal and not objected to by the child's parents nor the Greek government(Langevin, 1983). The Romans encouraged adolescent boys and girls not to protest being sold into prostitution. The Roman government even went so far as to declare a public holiday honoring young prostitutes(Kahr, 1991). Sex with children in the modern era is alive and well, the power of an older person is so great that their young victims often never tell of the horrors that they have endured. There is also a pedophile enhancement movement, with confessed pedophiles insisting that their behavior is not wrong or immoral. Organizations dedicated to the social acceptance of sex with children are not new, yet have had a large upstart in membership since the early 1970's(Charon, 1979). Because of the extreme sensitivity of the subject, research in this field is quite underdeveloped. Researchers have even had trouble in agreeing what to call the phenomenon. Much research on the victims has dubbed the act as child sexual abuse, most research on the offenders has labeled it as child molesting or pedophilia. The term pedophilia has some utility since it suggests a predisposition for the act separate from the act itself. The ambiguity of this term however, is what causes confusion. Pedophilia can mean child sexual abuse ranging from an arousal to children with no or little action, to sexual penetration of the child. For the purposes of this paper the terms pedophilia, child sexual abuse, and child molestation will be used interchangeably. This paper will focus on the possible causes of child sexual abuse. It will examine several etiologies of pedophiles as suggested by researchers. To reduce this behavior in offenders, we must first attempt to gain an understanding of WHY? This question has no easy answer, and the researchers in this field have found very little to agree upon. There is is however, common ground which may enable us to combine theories into a workable start to a solution of the "unspeakable crime". Pedophiles can be classified into different categories by several issues, the most common of which are causation, and victim-relationship. Using different classifications to isolate pedophiliac behavior can help us to understand this behavior and begin to find methods in which it may be contained. ` CLASSIFICATION OF PEDOPHILES Pedophile classification is a hotly debated topic that varies significantly in it's origins. There are a few standards however, pedophiles can be separated by those who sexually abuse members of there own family or step-families, and those who abuse non-family members(Langevin, 1983). Even this simple distinction is not always accurate though, often familial offenders have previously offended non-family members(Hunter, 1990). Some common causes of pedophilia have found much popular and scholarly support, and these etiologies can give a general profile of some of the origins of child sexual abuse. While the names of this etiologies vary greatly, the descriptions of each remain essentially intact. Conditioned Response Theory Some researchers have maintained that the pedophile becomes conditioned to respond to young, sexually under-developed bodies. It has been suggested that boys begin masturbating to fantasies that involve sexually immature bodies, and then become so conditioned to these images that they need them to create sexual gratification(McGuire, Carlisle, & Young, 1965). Garland and Dougher(1990) theorized two reasons for this behavior leading to the development of pedophiliac behavior:(1) and adolescent's sexual activity with persons his or her own age could condition sexual arousal to pubescent children, and (2) through memory distortions that have occur with the passage of time, the child or adolescent who was sexually victimized by an adult developed a fantasy that places him or her in the role of the aggressor rather than in the role of the victim. As a result of this recurrent fantasy, he or she then becomes sexually conditioned to respond to children. Learned behavior closely resembles the conditioned response theory. Pedophilia as a learned behavior is due to sexual abuse of the abuser as a child. The pedophile then begins to imitate this behavior later in life(Groth, Hobson, and Gary, 1982). Social Skills Theory Social skills that have been underdeveloped or dysfunctional social skills have been suggested as a possible explanation for pedophilia, especially relating to persons of the opposite sex. Segal and Marshall(1985) compared rapists, child molesters, non-sexual offenders, and two control groups on social skill ability. The researchers based their social skill ratings based on taped conversations with females and found that all offender groups were less socially competent than the control groups. The child molesters were less skilled at predicting and evaluating their own performance in heterosexual situations. Interacting with children may giver the pedophile a feeling of control and reduce anxiety(Langevin, 1983). Low Self-esteem Pedophilia has often been linked with previous emotional, physical, or sexual trauma. This trauma becomes so painful that it results in underdevelopment or a stifling of future development(Groth, Hobson, and Gary,1982). According to this line of reasoning this underdevelopment will not allow a person to mature emotionally as his or her body matures. The pedophile is the emotional equivalent of a child, and thus depends on them and begins to view them as sexual objects as well(Langevin, 1983). Using children in a sexual manner to cope with anxiety is reinforced and becomes a normal behavior pattern. Pedophilia as an Addiction Pedophilia as an addiction is a fairly new way of examining this type of behavior. In the early 1980's researchers began to ask questions about pedophiliacs' behavior and found that parallels could be drawn between this and other addictive behaviors. Patrick Carnes(1983) developed a model of sexual addiction to explain the behaviors of sexual abusers. Carnes suggested that molestation of children is a sexual addiction. He stated that the addict moves through a four-stage process, with each step becoming more addictive. Preoccupation is the first stage in Carnes' model. The addict is unable to think about anything else except sex. The addict begins to seek experiences to satisfy their desires. Ritualization is the second stage, in which the addict will engage in specific behaviors that culminate in sexually acting out behaviors. Compulsive behavior is the third stage, which is the sex act. The fourth and final stage is despair. This is when the addict realizes that there is a lack of control over the compulsive behaviors. Carnes suggested three separate levels of addiction within this model. Level one addicts are associated with pornography, compulsive masturbation, repeatedly engaging in purely sexual relationships with no other meaning, and prostitution. Level two behaviors include illegal sexual acts with another person being victimized emotionally, but not physically(exhibition, voyeurism). Level three behavior includes rape, incest, and pedophiliac behavior. Feminist Theory The feminist theory argues that children are easy targets for sexual abuse by mature males because of the emphasis that our society puts on the male being the dominant, powerful, and controlling partner in intimate relationships(Hite, 1981). Males, on the other hand tend to search out sexual partners who are "younger, smaller, and weaker than themselves"(Finkelhor and Araji, 1986, p. 149). Child pornography and advertising have been targeted by some feminists as having a role in the onset of pedophilia(Rush, 1980). The reasoning for these beliefs are based on the assumption that viewing pornography eroticizes children, and teaches adolescents to become aroused by children. Family Theories Pedophilia within the family, or incest is usually found in families where the family unit is rigid and lacking any guidelines or boundaries(Will, 1983). Families in which incest occurs are both physically and socially isolated from the community in which they live. Family members depend only on one another for their needs and rarely seek outside assistance for anything. Frequently the child is forced to grow up quickly and assume the role of caretaker within the family. This caretaking role is then pushed beyond conventional limits to include the physical needs of an adult within the family. The needs of the child are given very little recognition by the parents. Families have been classified into two general types of units in which incest is more likely to occur. These include the "Chaotic family" and the "normal-appearing" family(Kempe and Kempe, 1984). The chaotic family is typically of low socioeconomic status; is dysfunctional in that the family members have histories of substance abuse, incarceration, violence, and most members have very little or no education. Children raised within family units such as this are more likely to become targets of interfamilial sexual abuse. The "normal-appearing " family gives off the impression that everything is perfectly normal. Frequently the parents have been married for years, are financially secure, and have established roles within the community(Kempe & Kempe, 1984). Incestuous parents in this type of family are often unable to care for their children our themselves, either emotionally or physically. They are usually quite needy and turn to their children to fulfill those needs. Incest in this type of family is especially troublesome since even if it is reported, a conviction is unlikely without solid physical proof. The adult is an fine upstanding member of the community in their eyes. Often the authorities will side with the adult and punish the child for these attempts to bring pain upon their parents(Kempe & Kempe, 1984). In both the "chaotic" and the "normal-appearing" families, incest is often carried on from one generation to another. This phenomenon has been dubbed the intergenerational transmission of incest(Kempe & Kempe, 1984). Researchers have found similarities in families in which this phenomenon ha f:\12000 essays\law & government (233)\Police Blunders in Manson Investigation.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ L UQ T WR #T T T T T T T = / 8 T On August 10, 1969 the headline "Actress Is Among 5 Slain at Home in Beverly Hills" appeared on the front page of the New York Times (Roberts). This was the beginning of a investigation of police error which prolonged the arrest of Charles Manson. There were several people who claimed they had heard gunshots and screaming in the early morning hours of August 9. Mrs. Kott, who lived at 10070 Cielo Drive, heard three or four gunshots at what she guessed was to be about twelve thirty to one o'clock a.m. after which she heard nothing. About three quarters of a mile south of the murder scene, Tim Ireland was having an over night party at the camp of which he was a counselor. Everyone had gone to bed when Tim awoke to a man's voice screaming "Oh, God, no, please don't! Oh God, no, don't, don't, don't..." (Bugliosi & Gentry 4). At this time, about twelve forty a.m., he awoke his supervisor, told him about the scream, and requested that he go see if anyone needed help. He drove around the area but saw nothing unusual. Robert Bullington of the Bel Air Patrol was in his parked car when he heard three gunshots spaced a few seconds apart. He immediately called in to headquarters (the call logged in at 4:11 a.m.). Headquarters then called in to LAPD but nothing further was done. About four thirty paperboy Steve Shannon, who hadn't heard anything the previous night, noticed what looked like a telephone wire hanging over the front gate and a bug light on near the house. Mr. Kott also noticed the wire when he went out to get his paper at about seven thirty that morning (Bugliosi & Gentry 4-5). Winifred Chapman, the housekeeper for 10050 Cielo Drive, arrived at the house and also noticed the wire hanging at the gate. She first thought the power was out but then she pushed the button to open the front gate and it did. She began to walk up the driveway when she noticed that there was an unfamiliar automobile in the driveway. She figured, though, that it was only a visitor and continued toward the house. When she entered, she picked up the phone and the line was dead. Thinking she should inform someone, she entered the living room where she noticed two blue trunks which were not there when she left the previous night. A closer look saw that there was blood on the trunks. There was blood scattered about in the living room. She could see out the back door and on the ground there were pools of blood and a body on the lawn. She ran out of the house in a panic and on her way out she passed the unfamiliar automobile in the driveway and this time, looking inside, saw yet another body (Bugliosi & Gentry 5). She ran from the estate screaming "Murder Death Bodies Blood" (Begg & Fido 134). Knowing she needed to get help she ran immediately to 10070 Cielo Drive and began banging on the door but Mr. and Mrs. Kott did not answer. She then went to 10090 Cielo Drive and began banging on their door. Mr. and Mrs. Asin came to the door and let her in. She was in complete hysterics and the Asin's didn't know what to do. Jim Asin, 15, called the police and noted the time, eight thirty-three a.m. Jim and his father Ray went to the crime scene and stood at the gate. they noticed a white Rambler in the driveway and also noticed that there were wires cut. They then returned and made a second call to the police and, shortly after, a third call (Bugliosi & Gentry 6). Police error begins with phone calls. The first being the one that was made to the LAPD in connection with the gunshots heard early on the morning of August 9. The police didn't follow up on anything concerning that call. As for the calls made by Jim Asin, in the official report it says that at "0914 hours, West Los Angeles Units 8L5 and 8L62 were given a radio call 'Code 2 possible homicide,10050 Cielo Drive'" (Bugliosi & Gentry 6). "The confusion extends to the arrival times of the units. Officer DeRosa would later testify he arrived about 9:05 a.m., which was before he supposedly received the Code 2. Officer Whisenhunt, who came next, set the time of his arrival at between 9:15 and 9:25, while officer Burbrige, who arrived after both men, testified he was there at 8:40 (Bugliosi & Gentry 6). Officer DeRosa, who was driving 8L5, had arrived first and began interviewing Mrs. Chapman but she was too hysterical and only mentioned names- Polanski, Altobelli, and Frykowski. Ray Asin cleared things up for DeRosa. He said the house was owned by Rudi Altobelli who was in Europe. Altobelli had hired a caretaker, a young William Garretson, to watch the house. He lived in the guest house just behind the residence. Altobelli rented the house itself out to Roman Polanski and his wife Sharo f:\12000 essays\law & government (233)\police work and related feilds.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Police work and related feilds Bryan Watson Block F December 1 1995 CO-OP Christmas exam 1. The working conditions of a police officer can vary from easy to stressful situations where the officers life and the lives of others are threatened. The officer must deal with these situations in the way they feel is best but sometimes the officer cannot deal with this situation on their own and they have to call in backup witch can help them deal with the situation. CHANGING IN THE WORK PLACE In these times of change many work places are finding it necessary to change the ways in which they do business. The RCMP for example are moving into a more community based policing. This makes the police more accessible to the community. In this new system the RCMP try to solve the problem if they are repeatedly called to the same home for domestic disputes they will stay for how ever long it takes to find the route of the problem, where as if they were to encounter the same situation their policy was to arrive in two minutes and stay for 20 minutes. This new program is the starting stages and already it has had great reviews and great public support, as it brings the police closer to the community. Another part of this community based policing is that there are crime prevention comities that are run by various community groups that have monthly meetings with the police. A police officer starts their career with on the job training and then they move on to become a constable where they must be able to relocate to any part of the country where they are positioned. In order for an officer to advance tier career they may have to switch divisions where their careers may excel. The work values for a police officer is to uphold the law, patrol assigned areas and maintain public safety. They also participate in public information groups and safety programs. 2. The nature of the work is always changing as crimes are becoming more and more sophisticated, as well as there is no set times that any crimes will happen so their jobs are always different. The job of a police officer is always different as they could be talking to various groups on any number of topics. They could also be testifying in court in relation to an investigation they participated in. Officers may also take calls on situations in which they can provide counselling to the caller until help arrives or provide necessary numbers of shelters and food banks. 3. The outlook in this field is good although an officer could go through the six month training program at the ROYAL CANADIAN MOUNTED POLICE TRAINING facilities in Regina Saskatchewan, but when an officer is finished they are not necessarily guaranteed a job as the RCMP as the officers are selected as to their qualities and what degrees that you may have from universities or colleges. This training that you receive may be useful in finding a career in a city or provincial police department. GROWTH IN THIS FIELD The projected growth in the field of law enforcement from the years 1995-2000 is 0.65% and the projected growth rate for commissioned police officers is 0.72% from the years 1995-2000. This doesn't necessarily mean that there will be more demand for commissioned police officers as the public is more and more dissatisfied with the RCMP and other police organizations. This information was provided from the Canadian Occupational projection system (COPS). Commissioned police officers work for the municipal, provincial and Federal agencies. 4. The starting salary for a police officer in at entry level is around $30,000 and the average yearly wage of a regular officer is around $49,000 and those at the top of the field can earn up to $64,000 per year. Commissioned officers earn at entry level $50,000 and the average commissioned officer earns $66,000 while those at the top of the field earn up to $80,000. 5. Qualifications and or skills that would help a person to become a police officer are sense of responsibility, successful completion of CPR courses and survival swimming courses. You must also have a high school diploma and if you have any post secondary education it would certainly be an asset if it is a degree in social sciences such as sociology and or criminology. At the time of entry into the RCMP training facility you must also have a valid drivers license and before you are allowed to drive a patrol car(once you have been posted) you must have at least 16,000 km of driving experience. 6. Some spin off fields of work that a police officer can use his/her training or skills in are: Police officer ^ Commissioned police officer ^ ^ Private Detective Sheriffs and Bailiffs ^ ^ Store Detective Security Guards 7. Some advantages and disadvantages that are associated with this field of work as stated by officers in the field are: Advantages - A sense of good for helping others - The variety of the job in each day - Being able to help individuals who are victims of a crime or An accident. - being able to meet all kinds of different people Disadvantages - The probability of injury or death on the job - Working nights, weekends, and holidays - being on call 24 hours a day - Working long hours during an emergency - Moving around the country 8. Post secondary education that is required for the job of a police officer are: A degree in sociology and or criminology, training at the RCMP training facility in Regina or you could attend Holland college in PEI(Which is a training facility were officers for city and commissioned officers) You should also attend a university were you could receive a degree in sociology or criminology. Entrance requirements for in trance into these courses at universities are English and it is suggested that you have a high school credit for sociology, modern word problems and law. 9.Name and address tuition fees student fees RCMP college in Regina Saskatchewan all expenses paid all expenses paid Holland college in Leman Park PEI all expenses paid if sponsored all expenses paid if sponsored Saint Mary's University rd Halifax ns Sociology criminology $2350 $150 10.university tuition books student fees lodging and food clothing entertain-n RCMP Training as stated above as stated above as stated above all expenses paid all expenses paid $300 per month Holland college as stated above as stated above as stated above all expense paid all expenses paid $300 per month Saint Mary's $2350 $150 $85 $4350 with meal plan $200 $300 11. Questions that you should ask yourself before perusing a career as a Police Officer are: a) Do I have the necessary education to Perdue this career? B) Can I preform the to physical and mental demands of the job? C) Can I adjust to another part of the country if I am transferred? D) Can I handle going to a crime scene where there is a victim of a homicide or suicide? e) Can I preform under a great deal of stress? F) Can I preform to the social and mental demands of this job? G) Can I keep my physical condition within the parameters of the job? H) how will this job effect my present and or future family? I) could I testify in court and participats in community outreach programs effectively? 12.Steps that I will need to take to better Perdue this career are: To study harder at my school work, take and pass both a CPR and survival swimming course, I must also get my physical condition up to the necessary levels and maintain that level for the duration of my being a police officer. BIBLIOGRAPHY Discover program on the network at A.D.H.S,1995 Saint Mary's 1995-96 school calender - from student services. Talking with officers in the fiel on how they feel about thier job and what is required of them on the job. Post secondary education day in the gym on the 29th of November I talked with a representative of Holland college My thoughts on this exam are that it seemed a bit long to do and I really had a hard time finding material for if. I also found it hard to find time to type it into the correct format. f:\12000 essays\law & government (233)\Power To Revoke.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Whether a passport can be revoked or not has been a major question since the mid- 1800's. Haig v. Agee is a landmark Supreme Court case charging that the Secretary of State can not revoke a passport on the grounds that the power has never been granted by the Congress to the Secretary, and that revoking a passport violates the first and fifth amendments of the Constitution of the United States. Not only does the Secretary of State have implied powers, but revoking Agee's passport did not violate any laws or rights. In Haig v. Agee, the defendant claims that the Passport Act of 1926 does not grant the Secretary of State the right to revoke passports. However, the Passport Act does state that the Secretary of State is the only person who can grant and withhold passport applications. And based upon later provisions, the Secretary can withhold applications if the party is involved with illegal activities. If the Secretary of State can grant and withhold passports, was it implied by the Congress that the Secretary has the powers to revoke passports? "The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by diplomatic representatives of the United States . . . under such rules as the President shall designated and prescribe for and on behalf of the United States, and no other person shall grant, issue, or verify such passports." 22 U.S.C. 211a (1976 ed., Supp. IV). Since the Congress did not specify who has the powers to revoke passports, it should be assumed that because the Secretary is the only person who can grant passports, they are the only ones who can revoke passports on grounds of illegal activities, such as treason. If you consider that Agee's passport was revoked because he was uncovering secret CIA agents, he was undoubtedly committing treason. Though treason is usually considered to be evident during times of war, treason can also be defined as placing national security in jeopardy, such as the case of Agee. Agee's passport should not only have been taken, he should have been extradited and tried by a jury for the crime of treason. Agee also claims that since the power to revoke passports was not directly given to the Secretary of State or the President, then in order to show they have the power, they must have revoked many passports in the past and have the Congress' approval. However, the need to revoke passports on the grounds of treason has not come up many times before; There is always a first and Agee might just have been it. The Congress did show approval when they voted to approve the President's provisions and amendments on the matter of revoking passports in 1978. This shows that the Congress agrees that the Executive branch has been recognized as having the power to revoke passports. By revoking a passport, the government is not infringing on the party's first amendment rights, freedom of speech. The party involved is merely being told that they cannot leave the country, not that they cannot speak out against the government. For example, if a person is sentenced to jail, they cannot roam around the world, but they can speak out against the government. Revoking Agee's passport only limits where he can go, not what he can say; This does not infringe on any of his rights granted in the Constitution. Revoking a passport also does not infringe upon the fifth amendment because illegal activities are involved. For example, if you commit a crime, the police do not wait until after you go before a judge and/or jury before they put you in jail; They immediately incarcerate you as a precautionary move. Revoking a passport on grounds of national security does not require a hearing before hand because it is only a precautionary move. Agee's grounds for suit are totally ludicrous. None of his rights have been violated, considering that he should have none because he is committing treason by revealing secrets of the United States and by compromising national security. Congress may not have said exactly who has the power to revoke passports, but they did mention that the Secretary of state is the only person who can grant and verify them; Why wouldn't the Secretary of State be the only person who can revoke them? Sources: U.S. Supreme Court, HAIG v. AGEE, 453 U.S. 280 (1981) f:\12000 essays\law & government (233)\Prevelant Issues in Surrogate Parenting.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Prevalent Issues of Surrogate Parenting Surrogate parenting refers to an arrangement between a married couple who is unable to have a child because of the wife's infertility and a fertile woman who agrees to conceive the husband's child through artificial insemination, carry it to term, then surrender all parental rights in the child. Often, the surrogate mother receives compensation for her services. The final step in the process is typically the father's acknowledgment of paternity and adoption, with his wife, of the child. Through surrogate motherhood, a couple desiring a child need not wait an indefinite number of years for an adoptable baby, as generally happens at the present time. The married couple obtains a child who is the husband's biological offspring- a child for whose existence both husband and wife can feel responsible. Surrogate parenting is highly controversial by its very nature. Nevertheless, surrogate parenting is attracting wide spread attention as a viable alternative for infertile couples intent on having a child. Contract surrogacy is officially little more than ten years old, although surrogate mothering is a practice that has been known since biblical times. In 1986 alone 500 babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. For this reason there are many questions and doubts that arise from this subject. Often there are many legal difficulties that come about with surrogate parenting. In some states the contracts that insure the infertile couple the baby of the surrogate mother mean nothing. This, in turn, can cause huge problems if the surrogate mother were to change her mind about giving up her child. Who has the rights to the child in this awful situation? Surrogate parenting is a wonderful alternative for infertile couples as long as all party's involved are educated on the subject and are fully aware of the pros and cons of this risky business transaction. Unfortunately laws on surrogate parenting aren't very helpful. Increasing numbers of surrogate custody cases are finding their way into the courtrooms. The most dramatic problem arises when the surrogate mother decides she wants to keep the baby.Whether she decides early or late in the pregnancy, at birth, or after the child is born, the ultimate issue is whether she or the infertile couple have parental rights. How is the law to respond to this kind of problem? Normally people would agree that a contract is a contract and therefore the infertile couple should be the ones to receive the baby. Unfortunately for some of us more sympathetic people this decision is not that simple. By changing her mind the surrogate mother is showing maternal feelings that are surely not reprehensible. Although she has promised to give up the baby her change of heart seems more understandable than dishonorable. After all how can a woman truly be expected to know how it will feel to give birth to a child and then have to give it up? These are very good questions that tend to leave one undecided as to which party's demand is justifiable and should be upheld. Instead of deciding surrogacy issues on the basis of the law and policy of the states, judges could look for guidance from the U.S. Constitution. Constitutional arguments can be made on both sides of the classic surrogacy dispute involving the mother who changes her mind about giving up her child. Resolution of the constitutional issues will depend ultimately upon assessing and weighing the various factors at stake. Like decisions based on contract and criminal law, constitutional decisions will take account of the party's interests, the child's interests, society's interests, and the effectiveness of legalization and regulation as opposed to prohibition. Many Americans remained unaware of these dramas, but virtually everyone in the United States became aquainted during 1987 with the plight of Mary Beth Whitehead and "Baby M". Mrs. Whitehead was a twenty-nine year old house wife. She already had two children, and decided she would be the surrogate mother for a couple by the name of Mr. and Mrs. William and Elizabeth Stern. The Sterns were 40 and 41 years old. They had been married for 12 years and were childless. Mrs. Stern had a mild case of multiple sclerosis and was unable to bare any children. Although Whitehead promised in the contract that she would form no bond with the baby, she knew in the delivery room she could not give up her child. Whitehead ended up kidnapping the new born. The case proceeded to a much-publicized trial entailing six weeks of testimony and half a million dollars in legal bills. Unfortunately many surrogate agreements end with a tragic conclusion similar to this one. These awful outcomes could be completely avoided if the law would include in its many clauses, unconditional protection against any infringement upon the contract between the surrogate mother and the infertile parents. In order for surrogacy to work with its initial intent, there can be no exceptions to this law. Although there will be cases in which the enforcement of these laws may be seemingly harsh and apathetic, it is the only way that this wonderful alternative for infertile parents can rightfully continue, without potentially ruining the lives of all parties involved, most importantly the child's. Although the rights of the infertile couple should be first and foremost, it is important not to overlook the grievances of the surrogate mother. Preparation via support groups and individual therapy should be offered to the surrogate mother before the birth, not only to inform her of the enormous feat that lay ahead of her, but also to prepare her to deal with the traumas that can accompany the loss of a child. The importance of informing the surrogate mother in full that the contract she is to agree to is not reversible, is immense. Not all cases involving surrogate parenting result in battles for custody. Ironically, in some cases the battle is to decide which party will be forced to take the child as their own. One example of this unusual incidence occurred in 1982. Judy Stiver, a twenty-six year old house wife agreed to bare a child for forty-six year old Alexander Malahoff and his wife for a fee of $10,000 dollars. The Malahoffs had wanted a child to strengthen their marriage, but the couple separated during the pregnancy. It was then found that the baby would be born with microcephaly- a handicap that not only left the child with an abnormally small head (which is usually indicative of retardation), but the infant was also left without a home to be released into. The natural mother said that she felt no maternal bond with the baby but she agreed to the intravenous antibiotics to combat the baby's life-threatening infection. Malahoff, however, instructed the medical staff to take no steps or measures to treat the strep infection or otherwise care for the infant. Both sets of parents then went on to renounce their responsibility for the child. The hospital obtained a court order authorizing doctors to treat the baby, and the infection was cured. The baby, however, had no home to be released into from the hospital and was consequently placed in foster care. The case became an example of the horrible possibilities such arrangements can entail when a baby is born with a handicap. This type of incident should be avoided by making it infinitely clear in the beginning of the process of the surrogacy agreement that, under no condition will there be a breech of contract. Although it may seem that all cases end in tragedy, there are in fact many cases in which the end result is precisely the way all deciding parties had intended it to be, with the child being placed in a happy and loving environment. However, despite these many success stories, there are still groups that advocate the prohibition of surrogacy. One such group is the National Committee for Adoption. The NCA has been a consistent and outspoken critic of surrogacy and wants it to be outlawed. They argue that the availability of surrogacy would cut back on the adoption of existing babies. Perhaps if infertile couples were unable to employ a surrogate to have a child for them, they would go about getting a child in some other way, one that would be much more beneficial to society. They might decide to adopt a child already in existence, or a child who will be born in any event and who is in need of a home and family. Fulfilling their parental urges in that way, they would perform an important service to the child and to society. Although this is a valid argument, for some couples adoption seems unavailable. Many couples today are waiting longer before attempting to conceive and thus are older when they discover that they have a problem. Especially if they take time to undergo fertility treatments before turning to adoption, they may find that they are too old to be acceptable to conventional adoption agencies, which prefer couples under the age of thirty-five. Moreover, adoption is not as easy today as it has been in the past, and there is a definite shortage of healthy newborns available for adoption in this country. Infertile couples would argue that the chance to have a "normal" child, and a child as biologically connected to them as possible, is not afforded by special needs adoption or even the adoption of healthy newborns, and that although it benefits society more for them to adopt an existing child than to conceive a new one, the same is true for fertile couples, who nonetheless are permitted to reproduce without any restriction by the state. Surrogate motherhood is growing in popularity because it meets the urgently felt needs of those who resort to it better than any of the alternatives as they see them. As a consentual arrangement it is as worthy of legal protection as many others which, formerly suspect, are now taken for granted. Subject to reasonable regulation, it deserves to take a place among the growing array of methods available to individuals for the ordering of their own marital and reproductive lives. Doctrines fitted to other circumstances should not be allowed to bar the legality or enforcement of surrogate motherhood agreements. Works Cited Chesler, Phyllis. Sacred Bond. New York: Times Books, 1988. Field, Martha A. Surrogate Motherhood. Massachussetts: Harvard University Press, 1988. Keane, Noel P., and Dennis L. Breo. The Surrogate Mother. New York: Everest House, 1981. Overvold, Amy Zuckerman. Surrogate Parenting. New York: Pharos Books, 1988. f:\12000 essays\law & government (233)\Pros and Cons of the Death Penalty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Pros & Cons of the Death Penalty by Dusty Craine Due to the rapid increase in crime the past ten years and prison overcrowding, more attention has been drawn to the opinion that something has to be done to the United States Criminal System. We need to reevaluate the way we treat people we are convicted of unspeakable acts of merciless slaughter or even rape. The United States Justice System must be made solid again. Most people have an opinion on this heated subject. Some say "we need it" others say "the person pulling the switch would be no better than the person in the chair." We need to look at other options beside prison. There are too many murderers running loose because the jails were full of shoplifters and gang members. Some of these loose maniacs kill mere months later. For the sake of argument lets look at the Pros and Cons. The Pros: There are many reasons why the Death Penalty should be used again. There is too much money going into holding killers, rapists and psychos. It cost more to hold one inmate one years than to put him through Harvard Law School. These people knew what they were doing when they did the crime, give them consequences. There is also the "eye for an eye" argument. Make them feel what their victims felt. The punishment for murder right now is three square meals a day, a roof over their heads, a bed to sleep in, very often activities to do. That include Tennis, Weightlifting, or even Prostitutes. Lets change the penalty for murder from country club to Death. The Cons: "What if the man is innocent?" That is the flip-side. Sure it is easy for us to say If they murder, kill them too. But what if the man is wrongly accused and convicted of murder. What if the man was sitting at home alone, and therefore had no alibi. Why would we want to kill a innocent man? I even ran across someone who said the only true justice is divine justice, she said God will judge them. She said we had no right to establish guilt or innocence. As you can see the Pros and the Cons are a convincing bunch. Me personally, I think we need the Death Penalty again. I also believe we have to change a few things in courts though. I believe the accused should speak on his/her own behalf. Making Polygraph tests mandatory would also save alot of time. I will now conclude this paper with the question "What do you think?" f:\12000 essays\law & government (233)\Public Contaversy.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Public Controversy The Awakening, written by Kate Chopin, was a book that was truly ahead of its time. The author of the book was truly a genius in her right, but yet she was seen as a scoundrel. At the time, it was "a world that values only her performance as a mother, whose highest expectations for women are self sacrifice and self- effacement." ( ? ) The people of that era were not ready to admit or accept the simple but hidden feelings of intimacy or sexuality and the true nature of womanhood. Kate Chopin's book portrayed a woman of that time in a quite unorthodox way. In fact, [ When she wrote the book in 1899, she ] "achieved what was to prove her literary masterpiece and her ultimate break with popular taste" ( Cully, Intro. ) That book was written in 1899. During this era women were seen as very proper and sophisticated individuals who were considered caretakers of the home. They wore an excessive amount of clothing and never exposed themselves in public or otherwise. If a woman was caught exposing herself in public, would be shunned and looked down upon. Loyalty and commitment to the family was very important during this time. Regardless of their family problems, they were expected to endure and stay faithful. [ In fact, ] " the nineteenth century's message of the supremacy of motherhood was so strong and so intense that it was absorbed into the systems of it's women - even women like Edna [ ,a character in Chopin's book, ] who were not maternally inclined." ( ? ) You could almost say that women were considered symbols of everything that is pure in the society in which they lived. Anything short of that was considered unacceptable. Because of the time that Chopin lived in: " The Appearance in print of her most recent work had brought her harsh criticism and condemnation, as well as ostracism from many of those who had always formed a close-knit world of St. Louis society" ( Cully , vii ). Her book was seen as a vile and disgusting piece of literature. One critic of that time stated : "One cannot refrain from regret that so beautiful a style and so much refinement of taste have been spent by Miss Chopin on an essentially vulgar story."( ? ). Most critics and readers of that era felt the same way as this critic did. People were not willing to put up with what they felt was a trashy novel. Thusly, it was banned for approximately 50 years. All of her colleagues shunned her and put her on a black list of sorts for writers. Her friends did not acknowledge her existence and she became an outcast in society. In 1904, Chopin died a lonely death. The only thing that survived to keep her memory alive was her writings. Not only did her writings survive, but as timed passed on, people began to see Chopin's true Genius. The appreciation for the novel grew and it became one of the more well known, and well loved novels of the time. Why did this happen? Well maybe it was because of the contravercy it introduced. To tell the truth, " the misunderstanding that surrounds Edna's personal history, as well as the history of Chopin's novel itself, attests to the greatness of both Edna and her creator." ( ? ) Chopin went from being known as an outcast of society to a pioneer of the feminist movement. She was one of the first women to express herself fully without conformity to societies pressures. All of this happened because of her book. This book was named The Awakening. f:\12000 essays\law & government (233)\Public MIsunderstanding of Officer Safety.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Public Misunderstanding of "Officer Safety" How many times have you been pulled over by a police officer, and when the confrontation was complete you said to yourself, "Boy, was he rude!" or "There was no need for him to treat me like that." Well, unfortunately, the public is prone to misinterpret an officer being safe for being rude. Unfortunately, the actions taken during a "routine" traffic stop which are interpreted as being rude are necessary steps that insure the safety of both officer and civilian. Imagine for a moment that you are a police officer on duty. You observe a vehicle traveling 36 miles per hour on a 30 mile per hour road. You decide to stop the vehicle and give the driver a verbal warning in hopes that he will slow down and avoid an accident further down the road. As you walk up to the driver's side window, you are shot 10 times in the face and chest and the driver leaves you for dead. This situation actually occurred in San Diego, CA, 18 months ago. Many like it occur every day, and this is in the forefront of the mind of every officer. Another thing that an officer must keep in mind during a traffic stop is the safety of the civilian driver. Same situation as above, but instead, as the vehicle stops, the driver gets out of his car and is struck by a passing motorist. Again, this happens more than you would like to believe. The FBI conducts semi-annual research regarding the subject of officer safety and procedural changes which increase the chances of law enforcement officers surviving their high risk work day. These are the some of the procedures which they have published in regards to traffic stops, and which myself and other trainers have used to train their mobile patrolmen in hopes of reducing their risk: Step #1: Park your patrol car approximately 1.5 car lengths behind, and with the passenger's side headlight even with the center of the violators vehicle. By doing this you allow yourself, as the patrolman, an ample distance for reaction. By parking off center you also allow a "hallway" for yourself to conduct business safely. Step #2: Turn your vehicle's high beams, spotlight, code lights and any other light on your vehicle on and facing towards the stopped vehicle. This will make it hard for the violator to see where you are and get a good shot in. It also allows you to see what is occurring inside the vehicle clearly. Step #3: At no time do you allow the driver to exit his vehicle. It is safer for him and again puts him at a disadvantage for completing any violent acts against you. Step #4: While walking up to the vehicle, look at and lightly press down on the trunk. This reduces the chance of a hidden person coming out of the trunk and firing on the officer. (This does occasionally happen.) Step #5: When reaching the rear window, place your thumb print in the lower driver's side of the window. If you are unfortunate enough to be shot or severely injured in the process, this allows positive identification of the suspect vehicle. Step #6: Position yourself at the rear of the driver's side front door. It will prevent the driver from opening his door too swiftly and striking you. It also places you with a good line of sight and the driver at a disadvantaged position making it harder for him to surprise you. Step #7: When the stop is complete assist the driver in safely reentering traffic. It is a sad definition of U.S. society that officers must constantly fear for their life and take such severe steps in situations like these, but they have no way of knowing who the bad guys are these days. The violent criminal could be anybody from a raggedy dressed man on a street corner to a upset office executive to the common housewife next door. The line dividing the good guys from the bad guys has thinned and the black and white have run together creating as large grey area. It is not discounted that there are the occasional genuinely rude officers, but mostly the officer has a job to do and would like to complete it the safest and most efficient way possible, and with the least amount of inconvenience to the driver of the stopped car. Please remember, next time you are stopped for a violation of traffic regulations, that the officer is just doing his job and if you keep a positive attitude and cooperate then you will be back on your way in no time. f:\12000 essays\law & government (233)\R vs Keilty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ R.V. Keilty In the case R.v.Keilty the accused, Keilty, was charged and convicted of trafficking in narcotics. He then appealed to the Supreme Court of Canada on the grounds that the trial judge erred in law. The facts in the case were not disputed but the actual definition of possession under section 2 of the Narcotic Control Act was the issue. The appellant never actually did sell the narcotics nor did he at anytime have possession. It is illogical to convict a person of possession when they don't actually have possession as defined in the Criminal Code. Therefore is it logical to convict a person of trafficking if there were no narcotics? Crown arguments The actual possession is irrelevant because section 2 of the Narcotic Control Act states that trafficking means: (a) to manufacture, sell, give, administer, transport, send, deliver, or distribute, or (b) offer to do anything referred to in paragraph (a) otherwise than under the authority of this Act or the regulation The appellant obviously offered to sell the narcotics to the officer and as in R.v.Mancuso he should be found guilty. Also the actual physical possession is not necessarily needed to be proven as was in R.v.Russo where the defendant was convicted of possession and trafficking even though he did not posses at any time the narcotics. In the case R.v.Piscopo it was demonstrated that an accused can be convicted upon circumstantial evidence. The accused can be convicted using all of the aforementioned cases. Another issue is that if this case becomes precedent it would open a "floodgate" or loophole in the law where other criminals may escape through. This would allow for more dangerous dealers of narcotics, who operate their business "long distance" to escape prosecution because they never actually had the narcotics in their possession. Appellant arguments A person should not be stigmatized by conviction for a criminal offense they did not actually commit.. The case R.v.Vallancourt illustrates the use of the "stigma" test. A person who is convicted of possession should not be also branded as a trafficker of narcotics also. Another principle brought to the court from the R.v.Vallancourt case is that a crime requires a minimal state of mental blameworthiness. This means that the person must bear a certain degree of moral fault for what he did. To convict the accused of trafficking in narcotics when everyone acknowledges that there were no narcotics would seem to violate this principle. Using the rational connection established in the R.v.Oakes it would appear as if the government of Canada is trying to reduce trafficking but if a person who did not posses or sell any narcotics is convicted that conviction does not further that objective. In the case R.v.Oakes the reverse onus clause was declared ultra viries and gave great weight to the rational connection test. The accused, who was convicted of possession for a small amount of narcotics, was acquitted of trafficking. If a small amount of narcotics cannot support a conviction how can a conviction be made where there was no narcotics? Decision After hearing both the Crown's and Appellant's arguments I have decided that the trial judge was correct. The floodgate argument by the Crown was a major point to consider because a loophole in the law would have been created. More dangerous offenders could traffic in narcotics without being in possession of them at any time. The appellant offered to sell the narcotics to the officer even though he did not actually make the narcotics available to the officer the law states that he is guilty because he offered to get them for the officer.. However by law he cannot be convicted of possession because he did not have possession as defined in the Criminal Code which states 4.(1) For the purposes of this Act, (a)a person who has anything in possession when he has it in his personal possession knowingly (I) has it in the actual possession or custody of another person, or (ii)Has it in any place, wether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person... . Possession does not have to be proven in order for a conviction in trafficking to be upheld. The appeal is dismissed f:\12000 essays\law & government (233)\Racism and the Death Penalty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Effects of Race on Sentencing in Capital Punishment Cases Throughout history, minorities have been ill-represented in the criminal justice system, particularly in cases where the possible outcome is death. In early America, blacks were lynched for the slightest violation of informal laws and many of these killings occured without any type of due process. As the judicial system has matured, minorities have found better representation but it is not completely unbiased. In the past twenty years strict controls have been implemented but the system still has symptoms of racial bias. This racial bias was first recognized by the Supreme Court in Fruman v. Georgia, 408 U.S. 238 (1972). The Supreme Court Justices decide that the death penalty was being handed out unfairly and according to Gest (1996) the Supreme Court felt the death penalty was being imposed "freakishly' and 'wantonly" and "most often on blacks." Several years later in Gregg v. Georgia, 428 U.S. 153 (1976), the Supreme Court decided, with efficient controls, the death penalty could be used constitutionally. Yet, even with these various controls, the system does not effectively eliminate racial bias. According to Professor Steven Goldstein of Florida State University, "There are so many discretionary stages: whether the prosecutor decides to seek the death penalty, whether the jury recommends it, whether the judge gives it" (As cited in Smolowe, 1991, 68). It is in these discretionary stages that racial biases can infect the system of dealing out death sentences. Smolowe (1991) shows this infection by giving examples of two cases decided in February of 1991, both in Columbus. The first example is a white defendant named James Robert Caldwell who was convicted of stabbing his 10 year old son repeatedly and raping and killing his 12 year old daughter. The second example is of a black man, Jerry Walker, convicted of killing a 22-year-old white man while robbing a convenience-store. Caldwell's trial lasted three times as long as Walker's and Caldwell received a life sentence while Walker received a death sentence. In these examples, it is believed that not only the race of the victims, but also the value of the victims, biased the sentencing decisions. The 22-year-old man killed by Walker was the son of a Army commander at Fort Benning while Caldwell's victims were not influential in the community. In examples such as these, it becomes evident that racial bias, in any or all of the discretionary stages, becomes racial injustice in the end. Smolowe (1991) also makes the point that Columbus is not alone: "A 1990 report prepared by the government's General Accounting Office found 'a pattern of evidence indicating racial disparities in the charging, sentencing and imposition of the death penalty." In an article by Seligman (1994), Professor Joseph Katz of Georgia State "and other scholars have made a separate point about bias claims based on the 'devalued lives' of murder victims." Seligman also asserts that those claiming bias believe that it is in the race of the victim and not the race of the defendant, and because the lives of blacks have been "devalued,' people who murder blacks are less likely to receive death sentences than those who murder whites" (Seligman, 1994, 113). An Iowa Law Professor, David Baldus, also found that "juries put a premium on the lives of victims" (As cited in Lacayo, 1987, 80). In a study of more than 2,000 Georgia murder cases, Baldus found that "those who killed whites were 4.3 times as likely to receive the death penalty as those who killed blacks. And blacks who killed whites were most likely of all to be condemned to die" (As cited in Lacayo, 1987, 80). According to Gest (1996), of those executed since the reinstatement of the death penalty, 80% have murdered whites, while only 12% of those executed in the same time period have had black victims. These figures show an obvious trend of racial bias against those who murdered whites. Could these disparities be because, as sociologist Michael Radelet put it, "Prosecutors are political animals, they are influenced by community outrage, which is subtly influenced by race," or is it because "it is built into the system that those in the predominant race will be more concerned about crime victims of their own race," as stated by Welsh White of the University of Pittsburgh Law School (As cited in Gest, 1986, 25). Because of the immense possibility of discrimination in sentencing in capital punishment cases, each stage of prosecution must be controlled as much as possible. Although these offenders are the worst the criminal justice system has to offer, prosecutors must be encouraged to consider the crime and not the race of the victim or offender and the judge must attempt to exclude the same racial issue when deciding the punishment. I believe Justice Brennan said it best when he wrote the dissenting opinion in a capital punishment appeal. He wrote, "It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined" (As cited in Lacayo, 1987, 80). With great effort, the judicial controls can begin to battle the racial bias of Americas Judicial system but to completely eliminate such a bias, the people involved in the judicial process must learn to look past the race of the offender or the value of the victim, and instead focus on circumstances of the crime. f:\12000 essays\law & government (233)\Rape.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Rape This paper will focus on the social and cultural conditions that intensify or perpetuate rape. The causes and reasons for rape are deeply entrenched in our social structure. We can explore some of the motivations and circumstances which lead men to rape. We have learned that some men rape out of anger and a need to overpower, dominate, and humiliate. We can also look at some of the historical attitudes from which today's beliefs and stereotypes have evolved. However, we must look beyond both rapists' motivations and history if we are to truly understand the act of rape. Why does rape exist and what causes it? What is it about our society that makes rape one of the fastest growing violent crimes in this country? One way we have tried to deal with this problem is through rape prevention. These techniques are very important in decreasing the vulnerability of individuals, but in order to eliminate the occurrence of rape from our society, we must first examine its causes more deeply so that we can take collective action. We must understand the sociology of rape in order to effectively work towards the elimination of it. Despite the necessity for rape prevention, it must focus on eliminating the conditions in society which make women easy targets for rape. Victim control teaches women to avoid rape, but doesn't reduce the threat of rape. Furthermore, rape cannot always be avoided, no matter what precautions the woman takes. It also puts part of the responsibility and blame for rape on the victim. Rapist control confuses prosecutions with prevention. There is little evidence that punishment serves as a deterrent. Besides, very few rapist are ever incarcerated. From very early ages, men and women are conditioned to accept different roles. Women are raised to be passive and men are raised to be aggressive. We are conditioned to accept certain attitudes, values and behaviors. Our conditioning is continuously and relentlessly encouraged and reinforced by the popular media, cultural attitudes and the educational system. The media is a major contributor to gender-based attitudes and values. The media provides women with a complete list of behaviors that precipitate rape. Social training about what is proper, as well as what is powerful and macho, teaches women to be victims and men to be aggressors. The high incidence of rape in this country is a result of the power imbalance between men and women. Women are expected to assume a subordinate relationship to men. Consequently, rape can be seen as a logical extension of the typical interactions between women and men. Women's vulnerability to rape is a result of this subordinate relationship. There are a number of sexist dictates that serve to maintain this subordinate relationship one of which is: Rape as a means of control over women. Rape plays a role in maintaining patriarchy by perpetrating the threat of violence. The acts of just a few violent men can terrorize all women and can control women's lives. The indifference of other men reinforces this effect. A strategy for eliminating women's vulnerability to rape involves altering the power relationship between women and men. Women's vulnerability will not end with individual change alone; there have to be social change as well. Society trains females to be physically and emotionally unequipped to respond effectively to danger. Training begins at an early age. Boys and girls are channeled into different physical activities, because of the believed differences in physical and muscular development and stamina. Consequently, as adults, females are unable to gauge both their own bodies' resistance to injury, and their own strength and power. Learning self-defense in schools and on the job would be a step towards alleviating women's vulnerability, as would providing girls and women with equal opportunities and encouragement to engage in sports. I was glad to hear that MIT set up a self-defense class for women. How many women will actually take the time to take it, who knows? We havenąt been taught that we need to be aggressive and protect our own bodies. The emotional training women receive also contributes to their inability to successfully fight back. Women learn to be passive, nurturing, accepting and compliant. Most rapists select victims they can intimidate and overpower. Most women are reluctant to challenge men's offensive behavior because of their emotional training and conditioning. Frequently, women psychologically distance themselves from the issue of rape and from each other by adopting the attitude that, "It can't happen to me," or, "Only immoral women are raped." Because there are many factors which enforce the belief that "a woman's place is in the home˛, women tend to be displaced from the mainstream of community action and decision making. One of the most important societal changes deals with how our justice system deals with rape. In other words, when a woman is raped, it is not uncommon that some of the blame and responsibility for the rape is put on her. This is probably one reason for the incredibly low conviction rate of rapists. Our criminal justice system reflects the prevailing societal attitude that women are partially responsible for rape. Consequently, juries rarely find a man charged with rape as guilty. Rape must be viewed as a political issue, not just another crime or mental health problem. It must be seen as an issue which affects all women. Rape is not just a women's problem--it is a community problem. f:\12000 essays\law & government (233)\Rawls Veil of Ignorance.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Rawls theory of justice revolves around the adaptation of two fundamental principles of justice which would, in turn, guarantee a just and morally acceptable society. The first principle guarantees the right of each person to have the most extensive basic liberty compatible with the liberty of others. The second principle states that social and economic positions are to be a) to everyone's advantage and b) open to all. A key problem to Rawls is to show how such principles would be universally adopted and here the work borders on general ethical issues. He introduces a theoretical "veil of ignorance" in which all the "players" in the social game would be placed in a situation which is called the "original position". Having only a general knowledge of the facts of "life and society", each player is to abide based on their moral obligation. By denying the players any specific information about themselves it forces them to adopt a generalized point of view that bears a strong resemblance to the moral point of view. "Moral conclusions can be reached without abandoning the prudential standpoint of positing, a moral outlook merely by pursuing one's own prudential reasoning under certain procedural bargaining and knowledge constraints." Rawls proposes that the most reasonable principles of justice for a society are those that individuals would themselves agree to behind the "veil of ignorance", in circumstances in which each is represented as a moral person, endowed with the basic moral powers. What this position supports is that while each person has different ends and goals, different backgrounds and talents, each ought to have a fair chance to develop his or her talents and to pursue those goals - fair equality for opportunity. It is not a race or contest where the talented or gifted prevail, it should be complete cooperation among all so that there may be reasonable life for all. What the "veil of ignorance" brings out is that we can accept utilitarianism as a public conception of justice only if we are prepared to let someone be subject to conditions we would not be prepared to subject ourselves. However, it is not the responsibility of my actions to ensure the fulfillment of another persons goals. These principles create an equal distribution of the "pie", if you will, yet it is not attainable unless pursued or strived for. There is no room for idle observation, meaning, that while we all possess equal opportunity as we all are equally moral persons, the choice of what you wish to possess materially as well as intellectually is the discretion and capability of the individual. Why should we accept these principles as principles of justice? Primarily, these principles promote equality among all. Each individual has the same basic liberties and opportunities. Each individual has a moral obligation to accept the existence of every other human being. In doing so, all people become equal in their position and desires. We are equal in that each has the basic powers of choice and on acting on a sense of justice. The responsibility of procedure and growth relies on each and every individual his/her self. By doing so we may create a level playing field. Is this a form of pure competition? It would seem so. Competition in that what is desired must be achieved by one and desired by many perhaps. A benefit of competitive circumstance is the betterment of all parties involved as they must evolve in order to surpass one another . Also, in fair equality for opportunity we may eliminate all forms of discrimination and discretion of races, ethnic origin, social standards and religious intolerance and beliefs. All of these characteristics are a component of the individual person thus making him/her "individual". Justice is only succumbed when the liberties of an individual are affected because of an external opinion of these characteristics, and, in the oppression of these characteristics upon another. They are nothing more than components of a people. With the "veil of ignorance" we exempt our responsibility for caring for that of which we do not know. If we don't see something physically everyday should it be an not be a concern or an aspect of our own life? If this were so, could it not be possible that some things could be ignored by all? The word ignorance scares me since I am ignorant of many things yet in growth I hope to become less ignorant through education. Is it only then that I understand certain circumstances yet since I am not affected personally than I should continue to ignore. This, it would seem, would then rely on my moral truth or obligation, yet I will be the one to ultimately decide, this being the responsibility of all. Can we place that much faith in the moral responsibility of human kind. It sounds great theoretically yet in practice it almost appears that this would create more alienation than is present today. Would we become the exact opposite of what is desired, a selfish and careless society? There must be caution in placing so much responsibility on moral obligation. f:\12000 essays\law & government (233)\reason drives us not law.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no matter where they are apprehended on this planet. The second example is the raid on Panama during George Busch's presidency that involved the invasion of a Nicaraguan ambassadors home. Both of these violate the laws of sovereignty, jurisdiction, and extraterritoriality (Huston). It is very easy to show that these two acts of the U.S. government are in complete contradiction to our very own constitution. So now it easy to say that laws sometimes need to be broken for the good of the masses. When Dr. King wrote that he would aid the Jews even though he would be braking the law and be open about, he was making the point that yes it was morally justifiable to break the law. This is where it becomes really tricky and philosophical. How does a person say what is morally right or morally wrong. Morals can be best described as choosing right from wrong or easier said a morals is simple yet complicated reason. The Universe as a whole must follow reason, but the catch is that each individual is slightly different in that each individual perceives his or hers own universe and reason differently (Sandesara 2). That is the tricky part of morals, we just can not say that this is wrong or that is right because everyone will see it differently. When Dr. King said that he would aid a Jew in Nazi Germany, he said knowing that he would be breaking German law. He would be doing it because it is right and in the best interests of the masses and not the man made laws. Some would call Dr. King's actions as civil disobedience. What actually Dr. King would be doing is helping and giving comfort to victims of an unjust and wrongful law. Can there be any wrongdoing in that; especially since it is in the publics best interest? In conclusion I must say that what Dr. King said he would have done is honorable. To put this simply Dr. King would have done what is right for society. Helping a Jew in Nazi Germany or aiding a Christian in communist Russia is reasonable and in the best interest of society as a whole. The only group that would find objection are those who look to maintain power through the laws that they themselves make up and expect everyone else to follow. Plato felt that we have a debt to society and its laws, which impart we do but do we have a debt to owe to immoral or unjust laws that harm other people or groups of peoples. So to restate myself it is completely justifiable to break a law if it can be seen as unjust or destructive to many peoples. Dr. King would have been more than right by helping a Jew in Nazi Germany even though it was to be considered illegal. Works Cited Huston, Tim. "International Politics." Essay, International Business, St. Louis University 1996. Mosier, Mike. "The self as I See It." Essay, Philosophy 115, St. Louis University 1995. Rottenburg, Anette. "Dr. Martin Luther King, Letter From a Birmingham Jail." Elements of Argument.. Boston: St. Martin's Press, 1991. Sandisara, Samir. "Principals of Morals." (1996): Online. Internet. Available Yahoo: http://www.schoolemp.com/papers/science/philosophy/mor.txt. Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no matter where they are apprehended on this planet. The second example is the raid on Panama during George Busch's presidency that involved the invasion of a Nicaraguan ambassadors home. Both of these violate the laws of sovereignty, jurisdiction, and extraterritoriality (Huston). It is very easy to show that these two acts of the U.S. government are in complete contradiction to our very own constitution. So now it easy to say that laws sometimes need to be broken for the good of the masses. When Dr. King wrote that he would aid the Jews even though he would be braking the law and be open about, he was making the point that yes it was morally justifiable to break the law. This is where it becomes really tricky and philosophical. How does a person say what is morally right or morally wrong. Morals can be best described as choosing right from wrong or easier said a morals is simple yet complicated reason. The Universe as a whole must follow reason, but the catch is that each individual is slightly different in that each individual perceives his or hers own universe and reason differently (Sandesara 2). That is the tricky part of morals, we just can not say that this is wrong or that is right because everyone will see it differently. When Dr. King said that he would aid a Jew in Nazi Germany, he said knowing that he would be breaking German law. He would be doing it because it is right and in the best interests of the masses and not the man made laws. Some would call Dr. King's actions as civil disobedience. What actually Dr. King would be doing is helping and giving comfort to victims of an unjust and wrongful law. Can there be any wrongdoing in that; especially since it is in the publics best interest? In conclusion I must say that what Dr. King said he would have done is honorable. To put this simply Dr. King would have done what is right for society. Helping a Jew in Nazi Germany or aiding a Christian in communist Russia is reasonable and in the best interest of society as a whole. The only group that would find objection are those who look to maintain power through the laws that they themselves make up and expect everyone else to follow. Plato felt that we have a debt to society and its laws, which impart we do but do we have a debt to owe to immoral or unjust laws that harm other people or groups of peoples. So to restate myself it is completely justifiable to break a law if it can be seen as unjust or destructive to many peoples. Dr. King would have been more than right by helping a Jew in Nazi Germany even though it was to be considered illegal. Works Cited Huston, Tim. "International Politics." Essay, International Business, St. Louis University 1996. Mosier, Mike. "The self as I See It." Essay, Philosophy 115, St. Louis University 1995. Rottenburg, Anette. "Dr. Martin Luther King, Letter From a Birmingham Jail." Elements of Argument.. Boston: St. Martin's Press, 1991. Sandisara, Samir. "Principals of Morals." (1996): Online. Internet. Available Yahoo: http://www.schoolemp.com/papers/science/philosophy/mor.txt. Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no matter where they are apprehended on this planet. The second example is the raid on Panama during George Busch's presidency that involved the invasion of a Nicaraguan ambassadors home. Both of these violate the laws of sovereignty, jurisdiction, and extraterritoriality (Huston). It is very easy to show that these two acts of the U.S. government are in complete contradiction to our very own constitution. So now it easy to say that laws sometimes need to be broken for the good of the masses. When Dr. King wrote that he would aid the Jews even though he would be braking the law and be open about, he was making the point that yes it was morally justifiable to break the law. This is where it becomes really tricky and philosophical. How does a person say what is morally right or morally wrong. Morals can be best described as choosing right from wrong or easier said a morals is simple yet complicated reason. The Universe as a whole must follow reason, but the catch is that each individual is slightly different in that each individual perceives his or hers own universe and reason differently (Sandesara 2). That is the tricky part of morals, we just can not say that this is wrong or that is right because everyone will see it differently. When Dr. King said that he would aid a Jew in Nazi Germany, he said knowing that he would be breaking German law. He would be doing it because it is right and in the best interests of the masses and not the man made laws. Some would call Dr. King's actions as civil disobedience. What actually Dr. King would be doing is helping and giving comfort to victims of an unjust and wrongful law. Can there be any wrongdoing in that; especially since it is in the publics best interest? In conclusion I must say that what Dr. King said he would have done is honorable. To put this simply Dr. King would have done what is right for society. Helping a Jew in Nazi Germany or aiding a Christian in communist Russia is reasonable and in the best interest of society as a whole. The only group that would find objection are those who look to maintain power through the laws that they themselves make up and expect everyone else to follow. Plato felt that we have a debt to society and its laws, which impart we do but do we have a debt to owe to immoral or unjust laws that harm other people or groups of peoples. So to restate myself it is completely justifiable to break a law if it can be seen as unjust or destructive to many peoples. Dr. King would have been more than right by helping a Jew in Nazi Germany even though it was to be considered illegal. Works Cited Huston, Tim. "International Politics." Essay, International Business, St. Louis University 1996. Mosier, Mike. "The self as I See It." Essay, Philosophy 115, St. Louis University 1995. Rottenburg, Anette. "Dr. Martin Luther King, Letter From a Birmingham Jail." Elements of Argument.. Boston: St. Martin's Press, 1991. Sandisara, Samir. "Principals of Morals." (1996): Online. Internet. Available Yahoo: http://www.schoolemp.com/papers/science/philosophy/mor.txt. Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no matter where they are apprehended on this planet. The second example is the raid on Panama during George Busch's presidency that involved the invasion of a Nicaraguan ambassadors home. Both of these violate the laws of sovereignty, jurisdiction, and extraterritoriality (Huston). It is very easy to show that these two acts of the U.S. government are in complete contradiction to our very own constitution. So now it easy to say that laws sometimes need to be broken for the good of the masses. When Dr. King wrote that he would aid the Jews even though he would be braking the law and be open about, he was making the point that yes it was morally justifiable to break the law. This is where it becomes really tricky and philosophical. How does a person say what is morally right or morally wrong. Morals can be best described as choosing right from wrong or easier said a morals is simple yet complicated reason. The Universe as a whole must follow reason, but the catch is that each individual is slightly different in that each individual perceives his or hers own universe and reason differently (Sandesara 2). That is the tricky part of morals, we just can not say that this is wrong or that is right because everyone will see it differently. When Dr. King said that he would aid a Jew in Nazi Germany, he said knowing that he would be breaking German law. He would be doing it because it is right and in the best interests of the masses and not the man made laws. Some would call Dr. King's actions as civil disobedience. What actually Dr. King would be doing is helping and giving comfort to victims of an unjust and wrongful law. Can there be any wrongdoing in that; especially since it is in the publics best interest? In conclusion I must say that what Dr. King said he would have done is honorable. To put this simply Dr. King would have done what is right for society. Helping a Jew in Nazi Germany or aiding a Christian in communist Russia is reasonable and in the best interest of society as a whole. The only group that would find objection are those who look to maintain power through the laws that they themselves make up and expect everyone else to follow. Plato felt that we have a debt to society and its laws, which impart we do but do we have a debt to owe to immoral or unjust laws that harm other people or groups of peoples. So to restate myself it is completely justifiable to break a law if it can be seen as unjust or destructive to many peoples. Dr. King would have been more than right by helping a Jew in Nazi Germany even though it was to be considered illegal. Works Cited Huston, Tim. "International Politics." Essay, International Business, St. Louis University 1996. Mosier, Mike. "The self as I See It." Essay, Philosophy 115, St. Louis University 1995. Rottenburg, Anette. "Dr. Martin Luther King, Letter From a Birmingham Jail." Elements of Argument.. Boston: St. Martin's Press, 1991. Sandisara, Samir. "Principals of Morals." (1996): Online. Internet. Available Yahoo: http://www.schoolemp.com/papers/science/philosophy/mor.txt. Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no matter where they are apprehended on this planet. The second example is the raid on Panama during George Busch's presidency that involved the invasion of a Nicaraguan ambassadors home. Both of these violate the laws of sovereignty, jurisdiction, and extraterritoriality (Huston). It is very easy to show that these two acts of the U.S. government are in complete contradiction to our very own constitution. So now it easy to say that laws sometimes need to be broken for the good of the masses. When Dr. King wrote that he would aid the Jews even though he would be braking the law and be open about, he was making the point that yes it was morally justifiable to break the law. This is where it becomes really tricky and philosophical. How does a person say what is morally right or morally wrong. Morals can be best described as choosing right from wrong or easier said a morals is simple yet complicated reason. The Universe as a whole must follow reason, but the catch is that each individual is slightly different in that each individual perceives his or hers own universe and reason differently (Sandesara 2). That is the tricky part of morals, we just can not say that this is wrong or that is right because everyone will see it differently. When Dr. King said that he would aid a Jew in Nazi Germany, he said knowing that he would be breaking German law. He would be doing it because it is right and in the best interests of the masses and not the man made laws. Some would call Dr. King's actions as civil disobedience. What actually Dr. King would be doing is helping and giving comfort to victims of an unjust and wrongful law. Can there be any wrongdoing in that; especially since it is in the publics best interest? In conclusion I must say that what Dr. King said he would have done is honorable. To put this simply Dr. King would have done what is right for society. Helping a Jew in Nazi Germany or aiding a Christian in communist Russia is reasonable and in the best interest of society as a whole. The only group that would find objection are those who look to maintain power through the laws that they themselves make up and expect everyone else to follow. Plato felt that we have a debt to society and its laws, which impart we do but do we have a debt to owe to immoral or unjust laws that harm other people or groups of peoples. So to restate myself it is completely justifiable to break a law if it can be seen as unjust or destructive to many peoples. Dr. King would have been more than right by helping a Jew in Nazi Germany even though it was to be considered illegal. Works Cited Huston, Tim. "International Politics." Essay, International Business, St. Louis University 1996. Mosier, Mike. "The self as I See It." Essay, Philosophy 115, St. Louis University 1995. Rottenburg, Anette. "Dr. Martin Luther King, Letter From a Birmingham Jail." Elements of Argument.. Boston: St. Martin's Press, 1991. Sandisara, Samir. "Principals of Morals." (1996): Online. Internet. Available Yahoo: http://www.schoolemp.com/papers/science/philosophy/mor.txt. Law does not Drive us, reason does English 111 February 21, 1997 Is an individual ever morally justified in breaking a man made law? I firmly believe the answer to this question is yes. If the question was stated as, is an individual ever legally justified in breaking a man made law I would have to say no. There are several reasons that have made me believe that it is morally justifiable in breaking the law; however the most convincing comes from Dr. Martin Luther King in his letter from a Birmingham Jail. " We can never forget what that everything Hitler did in Germany was legal..." (Classic Arguments 668). King went on in his letter to say that it would be against man made law to help a jew in Nazi Germany. What King said in his letter has to make a person think that not all laws are good for the group in society and morality is a justifiable excuse in breaking the law. Those who oppose my view on this question may be quick to ask me how come we go by law and not morality in society. Last year at St. Louis University I had a roommate with the complete opposite view on this question. He explained himself this way: Human nature consists of three basic components. These are to live, propagate, and to dominate. If humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately there are Parameters, and they are laws. (Mosier) What this basically says is that laws are made up to maintain order, monitor actions, and work for the best interest of society as a whole. If their were no laws chaos and anarchy would be widespread. This is why society has set up governments. To maintain order and to gives us safety. All of the above sounds good to me; however I have written a term paper on international politics that points out where our own government has broken its own laws. The first is the Congressional order allowing Federal Investigators to take into custody fugitives of American laws no m f:\12000 essays\law & government (233)\religion and discrimination.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ One might take the view that society should be tolerant to any religion so long as it conforms to our laws and written constitution. At first glance, this statement seems as fit an answer as possible to the question of societal limits to religious tolerance. Unofrtunately, if one were to consider the matter with more caution, one would eventually see that the statement could only be part of a greater answer. It is without a consideration of some of the elements which constitute cults, as well as other factors, that one would falter in devising a definitive answer to the question. Certain followings or 'faiths' which claim to be religions that are prevalent today are, in actuality, forms of cults. Although most of the practices and elements common to cults are legal, they are, at best, suspect. The following should constitute the line of telerance society should not cross. Firstly, what distinguishes cults from religions is the manner in which they operate. Cults are designed with a view of insulating the individual from the rest of society. Once a member of a cult, in most cases, the individual is removed of most (if not all) of their personal autonomy. Most decisions are made by the cult leader, access to the outside world is often denied, and all information about the outside world is distorted by the leader. These types of operations should be intolerable by society. Second, there should be no tolerance for 'religions' that espouse any form of sacrifice, be it human or animal. Although historically, these practices were more or less prevalent and accepted, there certainly is no place for them in modern times. Lastly, there should be a limit of religious tolerance with regards to the manner in which some display their beliefs. Individuals in society should not be subject toa ny violence or restriction of freedom as a consequence of someone else's beliefs. There have been numerous illustrations of this in the past. Individuals have blocked abotion clinics, have participated in violent demonstrations concerning one issue or another, ad infinitum. These types of religiously-fuelled practices have no place in, and should not be tolerated, in present day society. For some, the state has been seen to usurp the place of God on occasion. The fervent belief held by Jehovah's Witnesses, in assence, acts as the basis of their religious dissent. There have been certain areas of the law, which historically, have given rise to the conflict between the Canadian legal system and Jahovah's Witnesses. As a result of this conflict, a myriad of implications have arisen. On one extreme, has been state persecutions of Witnesses. On the other extreme, has been instances of law reform. A consideration of the Jehovah's Witnesses' bases of dissent will follow. To begin, the First and Second World Wars saw the Witnesses as refusing to be drafted into military service. This area of dissent arose out of their pacifist doctirne. They refused to be involved in military service, or in anything that could be tied in with the war effort. Next, Witnesses reject all practices which allude to idolation. Their firm belief that only Jehovah be worshipped ahs led them to refuse singing the national anthem and saluting the Canadian Flag. Anything to do with pledging allegiance to anything or anyone other than Jehovah is strictly intolerable. As well, Witnesses have had objections to education. They believe that only parents have the right to teach faith to their children. Moreover, the Witnesses have had the view that religious education does nothing but serve to indoctrinate children into the RomanCatholic faith. These beliefs have led them to oppose religious education in schools, and the celebration of such Christian holidays as Christmas and Easter. Lastly, their literal stance towards to Bible has contributed to the Witnesses' opposition of such modern medical procedures as blood transfusions. Although their position is based solely upon two verses in the Bible, it does nothing to detract them from their adamant views on the subject. As can be demonstrated, the Jehovah's Witnesses' rigid stance on certain legal issues has allowed them to continue on as 'conscientious objectors'. Many of their theological beliefs have contributed to numerous areas of dissent between themselves and the Canadian legal system. f:\12000 essays\law & government (233)\Reviving The Death Penalty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ REVIVING THE DEATH PENALTY "An eye for an eye, a tooth for a tooth" is one of the oldest and most famous sayings in the world. It comes from the Mosaic Law in the Bible and it is an edict that has ruled millions for thousands of years. Today the issue of capital punishment has our nation split down the middle. The two sides have drawn lines in the sand and are emphatically holding their ground. The need for capital punishment is greater today then it has been at anytime in the past for several reasons. The crime rate is soaring out of control. Murders are tearing our people, our cities, and country apart. Many people have the same belief as Thomas Draper, an author on the book called Capital Punishment, that no society can abolish crime, so their only hope is to do everything they can to control it. It is time for the United States to mandate the death penalty for the crime of murder in all 50 states and to carry out the executions of those sentenced to death. Capital Punishment is the lawful infliction of the death penalty. In England, by 1500, only major felonies carried the death penalty: treason, murder, larceny, burglary, rape, and arson. The American colonies adhered with Englands' view on the death penalty, for there was little they could do about it. However in the 1750's reform movements spread through Europe, and in 1847 they reached the United States. In 1847, Michigan became the first state to abolish the death penalty for murder. Beginning in 1967, executions were suspended to allow the appellate courts to decide whether the death penalty was unconstitutional. In 1972, the Supreme Court ruled in Furman v. Georgia that the death penalty for murder or for rape violated the prohibition against "cruel and unusual punishment" (Bedau 1). Four years later the Supreme Court reversed its decision in Gregg v. Georgia. They held the death penalty for murder and rape was not unconstitutional. The next year executions resumed, and by 1991, some 2,350 person were under death sentences in 36 states. About 150 prisoners including one woman, had been executed. Current capital statutes authorize a trial court to impose either a life or death sentence only after a post conviction hearing. Evidence is submitted to establish which 'aggravating' or 'migrating' factors were present in the crime" (Bedau 1). If it is in the courts mind that "aggravating" factors prevail and hand down the death sentence, then the case is automatically reviewed by an appellate court. Also in 1977, the Supreme Court held that death sentences for rape were "grossly disproportionate and excessive." The methods for carrying out a death sentence in the United States today are hanging, electrocution, gas chamber, firing, squad, and lethal injection. Americans feel strongly about the death penalty, but it is something they know very little about. Their attitudes are based on emotion rather than information or rational argument. People see the death penalty as something you are either for or against. This idea is supported by the fact that the wording of questions about the death penalty in public opinion polls change the percentages by the smallest amount (Ellsworth). Hugo A. Bedau, author of Facing the Death Penalty, states that 70% of Americans favor the death penalty for murder. The people who favor the death penalty, favor it because they have a goal in mind, the reduction of crime. Whether it does or not will be discussed later. Thomas Draper, author of Capital Punishment, states that there are certain people who do not belong in our society. There are some who have committed such hevious crime that they don't deserve to live. Phoebe Ellsworth, author of "Hardening of Attitudes", took a poll that stated the support declined through the 1950's to a low of 47% in 1966, but increased steadily from 1966 through 1982 and has remained stable in the range of 70-75%. Another poll taken by Tom Kuntz, author of "Should We Kill Those Who Kill" reflects the public view on the deterrent effect of the death penalty. According to a poll of 651 registered voters in New York, 57% feel the death penalty does deter murder, 40% feel it does not, and 3% had no answer. What citizens feel and why they feel it is up for debate, one thing there is no debating, though, is that they most definitely feel. Those in opposition to the death penalty give several reasons for the United States to abolish capital punishment. First, it is more expensive to the tax payer to execute a murder than have them serve a life sentence. "A Duke University study of 77 murder cases in North Carolina in 1991 and 1992 concluded that the average cost to try a noncapital murder case $166,000, while the average cost to convict and execute was $329,000" (Kuntz 3). Once the death penalty becomes a federal law and all 50 states must abide by it the cost of capital trials will drop dramatically. The high cost is due to long litigation procedures and retrials that stem from the uncertainty of the law. Second, "The death penalty has been shown to have been administered with racial bias" (Bedau,179). On the other hand, "Evidence of racial discrimination proves it to be no worse than the discrimination in convictions on lesser crimes" (Bedau, 180). So the problem is not the death penalty, but rather an unfortunate trend in all legal cases. Third, even murders have a right to life. Does a murder have more right to life than the person or persons he killed. They are no longer with us, should he/she be allowed to continue his/her life. "If a murder is not executed he will eventually die anyway. The death penalty only hastens the inevitable. Death of old age and disease are quite often more painful the execution" (Draper,130). Opponents will also say that the death penalty cheapens human life. "On the contrary to what some might argue, capital punishment does not cheapen human life, rather by making the penalty so high it strengthens the value of human life" (Draper,139). Some people feel it is wrong for the state to kill at anytime, but they do not oppose war. "If a foreign enemy did 1/10 of what our own criminal did to us they would be appalled. Let them consider this a war on crime" (Draper,121). They do not deem it right for the government to execute it's own citizens, but by doing so the government is saving many innocent lives. Fourth, Americans who follow the teaching of Jesus Christ believe it is morally wrong to take the life of anyone at anytime. Some people invoke religious reasons why they will not support capital punishment. "Jesus forebode murder as a form of retaliation, not as a form of punishment. Jesus also said to forgive your enemies, but what if the wrong was not done onto you" (Draper, 119). One of the 10 Commandment states, "Thou shalt not kill". Is it not also written in the Old Testament" An eye for an eye, a tooth for a tooth." Fifth, opponents cite lines from the Constitution take out of context. "No person is to be deprived of . . . life . . . without due process of law," according to the Constitution. If due process of law is given, then according to the very same document, life can be deprived. Next is the Eight Amendment which forebodes "cruel and unusual punishment," by the government. The Eight Amend meant was made part of the Constitution in 1791. It was aimed at preventing methods of execution which tried to inflict maximum suffering such as: burning, drawing and quartering, and impalement. Today's method of execution are painless, depending upon which method is chosen. Lastly is the deterrent affect. Anti-death penalty supports claim that capital punishment has no deterrent affect on future murders. "The flaw people make when speaking of deterrence is looking at states with capital punishment statues rather than states where execution are carried out" (Draper 115). If the statistics are looked at from that angle a different result follows. "A study by econometrican Isaac Ehrlich contended for each execution carried out, between seven and eight murders were prevented" (Draper,115). Each one of the other sides seemingly solid arguments has an Achilles heal, and when it is exposed the argument loses much of its validity. The argument in favor of capital punishment are based less on emotion and more on rational thought and fact. Draper states in the late 1960's and early 1970's when there was a reluctance by judges to use the death penalty, the homicide rate doubled from 4.7 to 9.4 murders per 100,000 persons. According to human nature, The question is not do threats deter, but how much more does one threat deter composed to another. Society believes that punishment is a deterrent. Draper concludes if it can be said that any punishment at all is a deterrent, then it would seem to me that the most severe punishment would be the best deterrent This is what author Walter Berns had to say, take a moment to reflect on this hypothetical situation. If life imprisonment was the sentence for murders committed on Monday, Wednesday, and Friday, and death was the sentence for murders committed on Tuesday, Thursday, and Saturday, we would quickly see the deterrent affect of the death penalty. To look at the legal side of the debate, "The law has two purposes: to forestall criminal behavior, and to punish it. All sentencing is based on the principal that punishment should be proportionate to the seriousness of the crime" (Draper 111). What good is punishment if it does ratify the harm and injustice caused by crime. Quotes by convicted killers before they were put to death make it curious to know what made them speak out against killing right before they lost their own life". On the side of capital punishment are many great thinkers in our history, Rousseau, Kent, Lincoln, Jefferson, Washington, Locke, and Hobbes' (Draper 113). French philosopher Montesquieu went as far as to say "The death penalty shall be prescribed as the medicine for a social malady". "Data shows that some murderers have killed again after a convinction and prison sentence for murder. This indicates a risk it will happen again" (Bedau, 179). So the problem lies in the risk of either executing the innocent or a recidivist murderer. Nobody knows how long the debate over capital punishment will continue. Long after a law is passed, either for or against the death penalty, the argument will still go on. In my mind, anti-death penalty supports are trying to avoid a very serious problem, the problem of brutal crimes in America. f:\12000 essays\law & government (233)\Revolution GirlStyle Now!.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "Revolution Girl-Style Now!" Riot Grrrls were originally born out of the "Punk" scene where rebellion was expressed in attitude, appearance, style, and music. Defining Riot Grrrl is much like defining Punk. There is no central organization, no authoritive definition, just an attitude concerned with pointing out social hypocrisy and empowering people to "do it yourself", creating a culture of their own when they see that the mainstream media does not reflect their concerns or provide outlets for their efforts. Riot Grrrl is a supportive environment for girls and young women which is concerned with feminist issues such as rape, abortion rights, bulimia/anorexia, sexism, sexuality, double standards, self-defense, fat oppression, classism, and racism. Riot Grrrl is a network of fanzines that are produced by the angry "girl revolutionaries" who identify with the music that is associated with Riot Grrrl. The fanzines, self-designed and self-written, uncensored and uninhibited photocopied publications, are often intensely personal. That personal outlet is translated to larger political action when the fanzines are available to the public, bringing people together for conventions and other consciousness-raising activities. The ethos is about supporting each other and empowering each other. In actuality, Riot Grrrl is a frame of mind. It's a way for them to come together in a common cause: "Revolution Girl-Style Now!". Since no specific person or people claim they created it, Riot Grrrl has meant many things to many people. Most girls do not attempt to define it anymore. "EVERY GRRRL IS A RIOT GRRRL. All you need is a healthy dose of pissed-of-ness at the treatment of womyn in our society. We are NOT all punk, all white, all lesbians, all musicians, all fanzine editors, all vegetarians, all victims of abuse, all straight edge. There is no 'stereotypical' Riot Grrrl." (Knight 9) The early Riot Grrrl scene was a "loose-knit" affiliation of feminist Punks, formed circa 1991 in Olympia, Washington and Washington D.C. The philosophy of "do it yourself" and "you can do anything" seemed to apply mostly to boys, who were the ones making the music and dictating the styles. By the early '90s, more and more girl bands started springing up, but ironically they found themselves battling sexism and discrimination within a movement originally based in a consciousness about youth and oppression. With the rallying cry, "Revolution Girl-Style Now!" bands like Bikini Kill formed a small movement to combat the male dominance of the Punk Scene and, by extension, the rest of the world. Inevitably, Riot Grrrl was born: So there's this revolution happening all across the country and all across other countries and it's the revolution girl style and as a girl revolutionary I want to say something about it... ...This revolution is so real and so deep for me, it is something I have been waiting for my whole life, something that I think is imperative to my survival, or at least my sanity. this revolution is in my heart and my soul, and it's in the heart and souls of other girls/women I know, and fuck you it's valid, and fuck you it's for real...(Carlip 33) Over the past few years, magazines, newspapers, and news shows have begun to pay a great deal of attention to Riot Grrrls. At first, most Riot Grrrls were open to use the media as a way to spread the word to other girls. Soon, though, feeling that they had been misinterpreted, commercialized, and made into a new fad and trend, Riot Grrrls changed their minds: ...I'm sick to death of defending riot grrrl every time I turn around, I don't even know why it should have to be defended. Riot grrrl is not what Seventeen, Newsweek or the LA Weekly make it out to be or any other media thing. The media attention has taken riot grrrl and twisted it distorted the name to mean little if anything of importance. No person can speak for all riot grrrls, they can only simply give their opinion (like I am) and it should be taken as such...(34) After the height of mainstream media coverage, many of the more productive and popular chapters such as Olympia and D.C. decided to "close" down. Refusing to answer most of their mail, rejecting interview requests, changing meeting locations or canceling them all together seemed like the only way to stop further exploitation, misquoting, and such. "If a barrette wearing, magic marked, thirteen year old looking 20 year old was what the words 'Riot Grrrl' would be translated as they didn't want it" (Spirit 1). The mainstream media-what seemed like the best medium for communication, and the best way to spread "girl-love"-had failed. While lots of girls had been inspired by the idea of Riot Grrrl after having heard about it through a magazine or a television show, they began to question, challenge, create, demand...Others have learned nothing more than a hot, new, cute way to dress. Riot Grrrl activities includes the annual Pussystock festival in New York City, National Riot Grrrl conventions all over the country, and the distribution of fanzines. Riot Grrrl conventions hold gatherings of over 100 young women from all over the country who come together to empower themselves and each other. During these conventions, girls have the opportunity to meet other girls, share fanzines, perform in their all-girl bands, perform spoken-word pieces, talk, scream, cry, laugh, complain, enlighten, and educate though workshops that focus on several issues, including rape, racism, sexuality, and animal rights (many Riot Grrrls are vegan-strict vegetarians). Fanzines are filled with girlish drawings and cartoons; poems and dreams; music, book, and other fanzine reviews, and vegetarian recipes. Fanzines are an opportunity to express fully without fear of judgement. They are also a way to inspire: Lately, I've been getting quite a few great zines...An explosion, if you will. And what I've got to say about them is that they all are incredible. Everyone's got something to say, everyone is motivated to make change, everyone is excited, ready to get involved, make a difference. And they have. Just by going out and doing a zine says something-it means that this thing called "empowerment" is in effect. Time to make a statement. And it ain't no feeble attempt. These zines scream "I AM MAKING A DIFFERENCE." How much more rad can it get? I'm excited to find out...(38) Through meetings and fanzines, Riot Grrrls have created their own support system, who are there for each other's survival and well-being. Due to class and race, although somewhat mixed, the majority of Riot Grrrls are White and recognize that they are "privileged". Through the advantage of education, Riot Grrrls are aware of a vital survival tool: expression. By getting out their frustrations, shame, hopelessness, and rage, through singing, drawing, performing "spoken word" and especially writing can be a catharsis (healing process). "...Our rage is our power don't let it fade don't let it die feed it to your daughters kill all confusion but teach her don't hate too easily because hate cancels out the power rage supplies." (Wilson 3). Rage can be defined as a feeling of intense anger. Anger can be defined as a feeling of great annoyance as the result of rage. One may ask what do girls under twenty have to be angry about? There are a lot of girls who feel like outcasts, with no one to relate to. These young women see hate around them and are angry about it. They want to end rape, violence, prejudism, homophobia, and sexism. With Riot Grrrl, they are finding out something vital: that it's okay to be angry (hence the grrr in Grrrls). One girl says that she doesn't need to prove herself worthy of respect: Okay I've had it and the keys of my typewriter will feel the anger and rage that you should be receiving right now. But you have no clue. You probably never will-but that won't stop me. I can scream on paper when you brush me off, when you bind my tongue... I won't shut up. I won't be intimidated. I WILL tell you when you are hurting ME, when you hurt ALL girls with what you say and do. I WILL tell you NOT to use words like slutwhorebitch. I WILL NOT shut my mouth just so you can be nice and secure in your opinion, an opinion which includes sexist jokes, racist remarks, homophobic comments, gender pride, oppressive ideology, and blind hate blind hate blind hate. You know who you are you because when you read this you are thinking that this "feminist" should SHUT UP STOP LOOKING FOR TROUBLE SHE'S PROBABLY PREMENSTRUAL OR HATES MEN IT'S NO BIG DEAL EVERYONE LAUGHED AT THE JOKE ABOUT THE BLOND PROSTITUTE THIS GIRL IS MAKING A BIG DEAL OVER NOTHING SHE DOESN'T KNOW WHAT SHE IS TALKING ABOUT ANYWAYS. Yeah, you know exactly who you are. You aren't all of mankind, or one person alone, but you make up a big and power- hold-ing part of society...AND IT"S ABOUT TIME YOU FOUND OUT THAT THE WAY YOU ACT SOMETIMES IS NOT RIGHT, IS NOT ACCEPTABLE TO ME OR MY FRIENDS. It's about respect. And no I won't shut up. (Carlip 40) In addition to rage, it is clear that a lot of girls continually feel disrespected, especially by acts of violation and humiliation. These acts come in all forms, mental, physical, and verbal abuse, and rape. One out of three women will be raped in her lifetime and four out of five victims know their attacker. These are the facts Riot Grrrls are painfully aware of: listen up, daddy, and listen good. you broke my heart, daddy. you ruined my life. you keep us women under control and you think your male power will keep you outta trouble. i hate you. if i thought i could get away with killing you, i would. not just for me, for mom and for all the other women you mindfuck daily. you better watch your ass, 'cause someday i'm gonna come up from behind and boy are you gonna be sorry you hurt me. don't even try to be friends like you think i don't remember. i remember. i wake up screaming and i remember your eyes looking at me and your fist beating me and your dick raping me and my mind is reeling and wanting everything to stop now now now now now now now. i'm so angry when i see your face, i want to vomit. when i can't even fuck without you there, without crying. when i can't look in a mirror without your voice telling me how ugly i am, telling me what kind of a girl I am. when i look at my mother in fucking poverty while you bask in your wealth, i feel sick. you make me sick. you made me hate myself. you took my little girl self and you fucked her all up. she loved you, but i don't. i might hate myself, but I hate you more. (43) Though Riot Grrrls are united in speaking out against rape, abuse, and other injustices, they also (like all adolescent girls) struggle with friends, relationships and boys. While many express their boy concerns, others are finding courage to adopt a lifestyle that is simply unexceptable to so many. The controversy over whether homosexuality is a choice or a biological fact is not the issue. Like many Riot Grrrls declare "I want the freedom to define my own sexuality": the spanish inquisition was held in my bedroom when information leaked to the authorities that i had slept with a boy. "people ask us what's up with you because you say you're a lesbian, but then you like boys." i asked to be more precise in my terminology. i disagree that i have an obligation to make sure everyone understands my sexual preferences. i want the freedom to define my own sexuality. that freedom is my right. there is this idea that bi-sexuality is a transition between gay and straight-it's just a phase, it's not a serious lifestyle. i refuse to answer gays who don't think i'm gay enough or straights who don't think i'm straight enough...i will not answer to anyone. (95) Self-image is a topic every girl struggles with. " i hate mirrors. i really do. i cant stand my reflection, my face. i know i'm not ugly...i feel ugly" (Madhu 1). There are stacks of studies which show that girls lose their sense of power as they approach adolescence. These studies show that 53 percent of school girls are unhappy with their bodies by the age of thirteen, and that 78 percent are unhappy with their bodies by the age of eighteen. Many Riot Grrrls fight back against society and the media which "plays on your insecurities" and try to set standards that maybe not everyone can follow (Pipher 183-185). "'one size fits all' is just one more way society has of telling me I do not exist"(Sam 11). One of the many Riot Grrrl principles is to accept parts of self that have traditionally been crushed, judged, and ridiculed, and to actually glorify them, trans forming these newly formed attributes into something that is cool: i am not a size 6. or size 8 or 10 or 12. i am size 14. i am 5'11" and i weigh 178 lbs. no matter how hard i try, i will never be supermodel skinny. (and i have tried). nor do i want to be. i have "big" thighs. i have stretchmarks. i have a big belly. and i am finally learning to like it. i am finally trying to accept myself. after all the pain, all the fat torment, all the "you'd be so pretty if you just lost 15 pounds!" i finally don't care. i am beautiful. beautiful to nobody's standards but my own. i am not 36-24-36. i am 38-32-38. here I am. i will never do ads for victoria's secret. i bet her secret is that she can't wear her own designs without feeling gross. call me fat...whatever. i'll eat it up. because i don't count calories, and your words are zeros anyway (9-10). Glorifying is quite evident in the Riot Grrrls appearance, style and appreciation for childhood and childlike things. From wearing cat-eye glasses and mismatched clothes to carrying Sesame Street lunch boxes as purses and wearing brightly colored barrettes in their hair we have also seen a growth of girlness epitomized in high and low fashion. From the runways of Paris to urban thrift stores, baby doll T-shirts and dresses, little patent leather shoes, plastic barrettes in the shape of teddy bears and tiny bows have brought girl-style to the for front of trendy fashion. It's a style, however, that carries with it a serious attitude. There is definitely an attitude that goes with it-much more confident, not caring what society or what men think about it (Orviro 2). The whisperings of the girl movement started coming out of the underground a few years ago. Across the Xeroxed pages of fanzines, were the screams from the Punk stages through the mouths of Babes in Toyland, Bratmobile, and L7. Just take a look at the names: Bikini Kill, 7 Year Bitch, Hole-all fierce rockers who took the language used against women and co-opted it to work in their favor, twisting insults into strengths. These musicians put this anger into their music and drew hordes of young women "to bathe in the shower of their wrath". These women told girls that anger is all right, that screaming for attention is a good thing, that girls don not have to sacrifice to get what they want, because "Revolution Girl-Style Now" was in effect. As the Riot Grrrl music scene took off, girls found their voices once again in fanzines raving about the bands and what they had to say. "It was a liberation" one girl says, the first time she saw Babes in Toyland screaming their guts out on stage (Spirit 2). Most Riot Grrrl bands like Babes in Toyland or L7-unlike major lable bands-stick to independent record labels, especially Olympia's K, and have maintained a commitment to cheap all-age shows. One cannot define Riot Grrrl because it has meant many things to many people. The "girl revolutionary" was conceived during the "Punk" era where being a rebel was expressed in your attitude, appearance, style, and music. Conventions, fanzines and all-girl bands, ways they have expressed themselves, gave these angry young women a voice they yearned for. Going beyond the fanzines and music, there is a style that goes with Riot Grrrl as well. The most inaccurate image of a Riot Grrrl was that of a lesbian, man hating, ignorant, violent, bitter, bitch, an image that has followed feminism even before it was feminism. Lying somewhere between the media creation and a genuine post-feminist movement, comes a commitment to change. Riot Grrrls have come together in a common cause: "Revolution Girl-Style Now!". Bibliography Carlip, Hillary. Girl Power: Young women speak out. New York: Warner Books, Inc., 1995 "Grrrls kick ass!". Online. Available HTTP: http://www. Micoks.net:80/~tiffani/girl.html Hanok, Emily. The Girl Within. New York:Fawcett Books, 1989 Knight, Zain. Luster fanzine. San Fransisco. Madhu.. "Riot Grrrl". Online. Available HTTP: http://www.angelfire.com/nj/alienshe/grrrl.html Orviro, Rachel. "I Am a Girl". Online. Available HTTP: http://www. voiceofwomen.com/sac/girl.html. Pipher, Mary, Ph.D. Reviving Ophelia: Saving the Selves of Adolescent Girls. New York: Ballantine Books, 1995 "REVOLUTION GIRL STYLE NOW!". Online. Available HTTP: http://www. Smu.edu/~hnovales/girl.html Sam. "I AM XL & PROUD". Kingfish fanzine. SanDiego. Spirit. "What is a Riot Grrrl anyway?". Online. Available HTTP: http://www. columbia.edu:80/~ril 3/music-html/bikini kill/girl.html "So what the heck is Riot Grrrl?". Online. Available HTTP: http://www. indieweb.com/riotgrrrl/rg-perplexed.html Wilson, Jodi. Crisco fanzine. San Fransisco. f:\12000 essays\law & government (233)\Robert Bork.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Robert Bork's The Right of Privacy examined the landmark case Griswald v. Conneticut. Bork's "originalist" view proclaimed that Justice Douglas erroneously interpreted the right of privacy from the Constitution. The originalist view is that judges must strictly adhere to the language of the Constitution, thus people do not have a general right to privacy because it was never actually written into the Constitution. This view severely restricts judges in dealing with new issues that our forefathers could not have possibly envisioned. The inability of "originalist" to deal with modern and future problems displays a need for Supreme Court judges to be able to interpret laws from the Constitution. Without this ability it would be doubtful if people today could claim a general right to privacy. The Griswald case involved a bizarre law that forbade the use of condoms in the hope that it would prevent adulterous affairs. This deduction is as absurd as banning all sales of chocolate in order to prevent obesity. Robert Bork admitted that this law did not make sense, especially in the ability of government officials to enforce the law. Yet, Bork disagreed with the method used by Justice Douglas to overturn the conviction of two doctors distributing information on condoms. Bork felt that Douglas's liberal use of penumbras to create a zone of privacy was an excessive use of judicial power. Bork feels a judge must follow the Constitution and should not imply anything from the various ideas in the Constitution. This poses problems when trying to deal with cases that the Constitution does not specifically mention. For example, without the ability to interpret some of the various amendments in the constitution it would be virtually impossible for a judge to decide cases dealing with the on-line world. Is an on-line service provider similar to a magazine publisher (Responsible for the information that it disseminates) or like a bookstore (That is not specifically liable for the information that it disseminates)? These types of decisions cannot be solved with an "originalist" view, because the Constitution did not have the foresight to deal with such issues. In this same manner Justice Douglas implements penumbras to arrive at a general right of privacy that is not explicitly written into the Constitution. These penumbras are all valid within the spirit of the Constitution and does not go against anything specifically forbidden in the document. Thus, the justification of Justice Douglas to create a zone of privacy is legitimate and the old archaic Griswald laws is forever vanquished into the history books. Justice Douglas writes; "Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment...The Third Amendment in its prohibition against the quartering of soldiers...The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'...The Fifth Amendment in its Self Incrimination Clause...The Ninth Amendment provides: 'The Enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." (Pg.124) Bork also complained that Justice Douglas was being quite the alarmist by implying that the Griswald case would never be enforced. "There was, of course, no prospect that it ever would be enforced." (Pg. 133) It is not very assuring to my own peace of mind, when one defends an offensive law by stating that it's never going to be used. It only takes one ambitious politician to selectively enforce these laws for their own prejudice or gain. Bork complained that Douglas imagined "horrible events...that never happened, never will, and could be stopped by the courts if they ever seemed about to happen." (Pg. 134) It should have dawned upon Mr. Bork that Justice Douglas and his colleagues was precisely the court that would stop those horrible events from ever happening. The "originalist" philosophy is admirable in its use of such a strict discipline in interpreting the Constitution, yet the ultimate lack of flexibility in addressing modern problems in the Constitution is far to binding. The role of judges is ultimately based upon arbitrating what is right or wrong from the laws themselves, but when a problem arises that is not addressed within the laws/Constitution, then judges must be able to imply decisions based on the general spirit of the original document. Basically, if the Constitution does not specifically prohibit a right, and most amendments concur with that right, then it is permissible for judges to create rights like privacy. It would be most problematic if we had a strict "originalist" judicial history because blacks would be only 3/5 of a person, women would never have been enfranchised, and the Senate would still be chosen by the House of Legislature. The Supreme Court (consisting of the most learned and able legal experts in the country) should have the ability to interpret certain aspects of the Constitution in order to prevent the Constitution from becoming a dated, historical document. Problems will continue to rise that the fathers of this country could not have possibly envisioned. Robert Bork's "originalist" view is far too restrictive in practice to allow the Constitution to be as vital today as it was 200 years ago. f:\12000 essays\law & government (233)\Setting up a dummy corporation .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Setting up a Dummy Corporation... How to get anything you ever wanted for free... The "system" is a series of checks and balances. It's an insiders club and unless you know the rules or are willing to break them, you'll probably never have a pot to piss in. Not.... Where does it say, we have to put up with, read about or watch on TV, the exploits of people like Donald Trump, Robin Leach or one of the "Kennedy's". Personally, I'm tired hearing about all their bullshit. Who gives a shit what Hillary or Tipper are wearing either? When people like "The Donald" make a poor business investment and can't pay their bills on time, what do they do? They renegotiate. Yep, that's right. They tell the bank "I can't pay" but I'm such a fabulous person you should renegotiate my loan. Bullshit! How fast do you think the bank would have you or me out on our ass? In record time, right? Money is power and unless you have money you're powerless right? Not... Money is an illusion. Power is an illusion. Both are projected by cunning and affluent people and organizations to get what they want. And, if they can't pay for it, they go bankrupt or renegotiate. Why should they have all that luxury and not us? Hell, I can default on a loan as well as any of them! Almost every company in America will ship you goods on credit if you project the right image, ask the right questions and have the right answers...People will kiss your ass if they think you have great wealth. The best resturants will seat you "up front" if they think "you're a player". Why not? Sounds good to me... Is this method for acquiring material things legal? Hell no! But half the shit Big Brother does to us everyday isn't legal either...Want to ride around town in a big black imported car for free? How about a brand new Pentium computer for the office? The kids want Mopeds? Nooooooo problem! Pay attention. Picking a company name... What's in a name? Business wise it could mean everything...if you want to get over. It also has a lot to do with what you want to acquire for free. Let's say you want to start a new business and need all-types of office equipment. You could call yourself "Sal's Pizzeria" but that wouldn't wash too well when you're trying to establish a $100,000 line of credit. Most credit managers will dump the application in the round file and require COD cash. Not the best choice of names. How about something like Tri-Star Industries Intl or RCA Electronics? The idea is to project the image of a big well known company. Joe's Paving Company won't work either...think of a large company and play with the name...something that gives the illusion of being a huge conglomerate like MicroSoft Corporation but in fact you use Microsoft Labs. Inc. Close but no cigar, get the idea? When you speak with a salesman you tell him you're from MicroSoft... I know someone who put together a company called Tandy Merchandising. When he applied for credit with vendors he alluded to being the buying agent for Tandy Corporation (Radio Shack) but sent purchase orders stating his company was Tandy Merchandising. The greedy salesman always figure it's a subsidiary and try their best to push initial orders through credit in hopes of "getting the big one". This guy always ordered two dozen "pieces" as a sample order. The list of stings was impressive. He also always ordered the best model of everything with all the options. Imagine having two dozen Pentium computers, laser printers, desktop scanners, big screen televisions, fully blown out stereos with speakers, ect, etc, etc. These things can be turned into easy cash... The goods you can acquire are only limited by your imagination...lets say you want to open your own recording studio. No problem. Put together a "wish list" and cut the purchase order. Fax it to the appropriate vendor and wait for the salesman to call. Oh yeah, I forgot a few things. You'll need to set up first... Let's say for the purposes of this lesson we're gonna pick RCA Electronics as our name, not to be confused (God forbid) with RCA - Radio Corporation of America, the giant who made the radio, phonographs and television famous. Sounds like a good name to me. Imagine the greedy son of a bitch salesman at the "Blue Widget" company when you call and say you're "John Smith (think of something better), vice president of corporate purchasing for RCA" and you need 50,000 blue widgets. I guarantee the salesman will shit...but "since you got burned, dealing with XYZ company you'll require 500 samples ($200 each) for testing purposes". You must have them within ten days for evaluation and you'll send along a purchase order. I guarantee the order flys through processing . They will extend you Net 30 days payment without even blinking. They want the big order. Acquiring dummy corporate papers To open up a bank account you'll need a corporate seal and certificate of incorporation. You'll also need a Federal Tax ID number. Certain states may vary but generally this is all that is required. Find a corporate resolution book from somewhere and get the certificate of incorporation. This is the proof that the corporation is registered with the state. Get a good typewriter, preferably one with interchangeable fonts. Make a copy of the certificate of incorporation and "white out" the corporate name. Insert your bogus corporate name (RCA Electronics Inc.) on the original and make a good photocopy. You should now have a good photocopy of the certificate of incorporation with your bogus corporate name on it. Now you need a corporate seal. Let your fingers do the walking through the yellow pages and find a company that makes rubber stamps. Generally these companies also make corporate seals. Call them up and tell them you lost your company seal and need a replacement to "do a deal" in a hurry. Most places will take the order and have the new seal with your bogus corporate name on it in a few days.The cost is usually about $20. You'll have to supply them with the corporate name, year and state of incorporation. Get this info off the certificate of incorporation you liberated. Pickup the seal in a few days and you're all set. Be sure to get a tax ID number. In the New York area they generally start with 13-xxxxxx. The second set of numbers is seven digits long. Opening a bank account Wait a minute. What is this? I thought we were robbing this stuff? Why do we need a bank account? The simple answer is, some companies no matter how well you try, will always require a company check with the first order. I suggest staying away from these companies but sometimes they have merchandise you're ALMOST willing to die for...No problem. The check is gonna bounce anyway...You'll also need a bank account for a reference (don't worry we'll cover that). Put a few hundred in your pocket, drive out of your area, and pick a large commercial bank. DO NOT do this in your neighborhood or local small town! Pick an area away from where you live. Dress well and wait until 15 minutes before the bank closes for the day...Everyone is always in a hurry to get to happy hour right? Find an officer or new account teller and tell them you want to open a business checking account. All you need is the corporate seal, certificate of incorporation and the tax ID number. They might require personal ID so show them your phony drivers license (see Creating a New Identity). You'll need to fill out a few forms, stamp your corporate seal and before you know it you're out the door with your starter checkbook. The real checkbook will be delivered by UPS in about 7-10 days. Make sure you've given the "drops" address not your own. Try to pick a bank that will give you an ATM card. They're always nice to have in order to get your cash back... Setting up the drop You'll need an office to operate out of and I suggest a small suite with reception area and one private office. Find an office with a good address (RCA wouldn't be on the poor side of town) and rent it for cash. Usually this will require the first months rent and two months deposit. You DON'T HAVE TO SPEND A LOT OF MONEY! Keep it cheap. You're not gonna be there that long...provide the landlord with phony ID also. DO NOT RENT AN OFFICE NEAR YOUR HOME OR NORMAL PLACE OF BUSINESS. Call the telephone company and order two phone lines. Try and get a "Gold" number like 555-5000 or 666-4900. Something that sounds like a "big company" telephone number. Make sure the fax number is not one digit off the telephone number like: Tel: 555-5000 and Fax: 555-5001. This obviously means only two lines. Don't ever make a personal call from these telephone lines. Don't ever call home or anyone you know personally, not even a beeper. These phones are for the "sting" They will be investigated after you're gone. Make sure they find nothing. Remember, you want to give the impression of a large company. If the telephone company wants your reach number, give them a voice mail number ringing into your beeper that you have acquired for cash in a fictitious name. NEVER GIVE YOUR REAL NUMBER OR INFO. The phone company usually requires a few hundred dollars deposit for two business telephone lines. Pay it. It's chicken feed compared to what you're gonna make. Make sure you order voice mail with remote access on the telephone line. It is not necessary on the fax line. When the lines are installed, place a single-line phone with "hold" on the telephone line and a fax machine on the fax line. Next step is get a female (we're not trying to be sexist but most telephone receptionists ARE female) who's "in" on the sting to answer the phone. She would say something like "Good morning, RCA, please hold" and immediately put each incoming call on hold for about 30 seconds. This gives the impression of a busy switchboard. When she comes back on the line she would say something like "How may I direct your call, please hold...while I connect you"...Get the picture? Another nice touch is if you get one of those GOOD voice changing machines so she can come back on the line as "your secretary". Again, you must create the impression of a large company. If you have a few people in on the "sting" let them answer, creating the illusion a large department. Credit References Gee, how are we gonna establish credit? We're only a few days in business...Right. You are what you say you are! Most companies require three credit references. Sometimes more. Set up your own references. Go back to the friendly out-of-the-neighborhood beeper guy and setup four voice mail beepers. Always pay cash. No record. Program the message on each one differently. Something like "Hello, you've reached Northstar Distributors, all lines are busy right now, we value your business, please leave your name and telephone number and one of our representatives will return your call in a few minutes. Thank you for calling NorthStar". The "mark" will ask for "John Doe" the credit manager to return his call. When the beeper goes off, simply make note of the caller, wait a few minutes, and return the call to "John Doe" giving "good" not "super excellent" credit info. You don't want to draw suspicion. Generally, if you're trying to rip off $10,000. worth of merchandise you would give a credit reference of something like "yeah, RCA has done business with us for about 6 years, their high credit is $30,000-$40,000. dollars and their terms are Net 30. They pay their bills on time...No problems...They're a good customer"...Every once in a while, you might question the "mark", "Hey, what do you guys sell? Not the same things as me I hope. I don't wanna lose this customer"...Heh, heh... it ALWAYS works...Remember, use different voices or a GOOD voice changer.. Program two more beepers the same way with different company names that are your "credit references". Have each voice mail ask the "mark" to leave a name and telephone number for a prompt response. Make sure the "credit references" are large sounding companies with a resident credit manager or officer who handles credit. Program the fourth beeper as the bank. remember the credit application always asks for the bank, bank account number and the number of an officer to contact. The message might sound something like "Hi, this is Joseph Cupcakes...I'm away from my desk right now, please leave your name and telephone number and I'll get right back to you...If this is an internal bank message, you can reach me at extension 316". The "mark" has no way of reaching extension "316" so he will assume he HAS reached the bank and leave his name and phone number for the bank officer to return his call. Wait a few hours or even until the next day. Have the "bank officer" call back the "mark" and ask what this is in reference to...when he hears it's a credit reference he should be "reluctant" to give info at first. Credit managers are used to that. It gives the appearance of normal bank resistance to divulge customer information. After a little prodding have the "bank officer" agree to divulge that "RCA" maintains several accounts of "mid-six figure numbers" in that bank and is a customer in "good standing". Translated, it means that "RCA" has a few "million" on deposit with that bank. The "bank officer" might also add "Don't you know who RCA is?" Again, it creates the illusion of power and money and appeals BIG time to the GREED of the "mark". Dun & Bradstreet Reports Good old D&B. The ultimate business information network. Bullshit. The only thing that goes into an initial D&B report is what YOU TELL THEM. Believe it or not, I know several people that have acquired D&B reports on real companies, copied the financial statements and passed them off as their own. Pick a company that does several million dollars worth of business with an excellent D&B rating and copy their financial statement. Include it with your applaication and D&B will give you the same rating! Call D&B and request a D&B number. They will give you one right over the telephone. Ask them to fax over a credit rating application. Fill it out and attach a copy of the "liberated" financial statement. In a week or so someone will call from D&B to "go over" the rating form. Of course, you'll be waiting with all the "right answers" and in a few days you'll have your new D&B credit rating stating that your company is worth "several million dollars" and "pays it's bills on time". D&B will actually send you a copy in the mail and this can also be attached to any credit application your filling out to "sting" a company. Sometimes D&B checks the bank. Not always. Don't worry about it, your "bank officer" is waiting anyway... Getting the Loot... Now that you've got the office with telephone and fax in place (some prefer a laptop instead of fax and typewriter), you're just about ready to start. You must now do your homework. Make a complete list of what you're ordering, from whom and how many of each you need. Have backup vendor companies in case one or more vendor companies is "out of stock" on an item. To expedite the ordering process place a call to the "mark" companies and request a quote on the items. The request should sound something like this "Hi, this is Rufus Teapot, I'm at corporate purchasing with RCA. I have a request for six Pentium 133 Mhz computers with 40 Meg RAM, built in CD rom with high speed internal modems. They also want 20" color monitors. I need a firm quote. I'm getting ready to cut a purchase order. Can you fax me that quote today? I need to get three bids. I need delivery by Friday" (3 days away). Do you have the items in stock? Can you get them here here by Friday? Otherwise I have to go elsewhere. If these computers fit the bill, we'll need 60 more"....Guaranteed the salesman is getting a woody...In a short while you'll recieve the firm quote. You'll also receive a credit application. Great care should be given to the preparation of the purchase order. You must insert exactly the same information and model numbers that are on the price quote. You don't want anything to slow the process. Great care should be given to the design of the purchase order. If you're trying to shadow the real RCA, get one of their purchase orders and design yours to look the same. You don't need a printer. Do it with a desktop publishing program. It also adds "illusion" when you add something like "4500 outlets throughout the USA" on it. When the salesman asks for the completed credit report say something like "Ok, I'll get that done for you. By the way we're rated 1A by D&B. That should be all you need. I'll fax over a copy of our financial with a copy of our D&B report". The salesman will have the credit manager by the neck to approve the order and your goods will be winging their way to you in no time... It's as simple as that... Oh, by the way. UPS will deliver the merchandise unless you ask for FedEx or DHL. No problem. Sign for it and get a van to cart it away. It's not STOLEN merchandise yet. You applied for and got credit right? No one is screaming fraud yet right? You have about a thirty day "window" to get any and all merchandise you want. After that the "mark" companies will be looking for payment. Be smart. Get out of the "sting" location after three weeks. The average "sting" can get you $100,000 dollars worth of merchandise for free. DON'T EVER GO BACK FOR ANY REASON. DON'T BE GREEDY. This scam is so sweet you can do it over and over from different location for years and years. There is NO WAY to track you if you followed this plan. Also, DON'T EVER HIT THE SAME COMPANY TWICE...DON'T USE THE SAME BOGUS COMPANY NAME TWICE. LOSE THE BEEPERS. ETC. ETC ETC. BE SMART..... f:\12000 essays\law & government (233)\SexBased Generalization in Freud.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ In "Boys and girls: The development of gender roles," Beale gives us revealing overview of Freud's personality theory. Beale point out both strengths and weaknesses of his answer to the questions of "Why" and "How" in gender development, but still leaves a chance for a reader to make up her/his own mind about whether or not to accept Freud's theory. It is relatively easy, however, to find oneself torn between openheartedly going along with Freud's idea about the existence of a dynamic system (or libido) in us, and reacting against the ease and assurance with which Freud writes about castration fear in boys and penis envy in girls. Freud's view of personality as a dynamic system of psychological energy is a very complex, yet insightful approach to the development of personality. The nature of the id, ego, and superego, and the psychosexual stages that these three structures focus on during a course of one's development, give a plethora of reasons to believe in the existence of a critical period in gender development. Freud's theory suggests that the way in which the id, ego, and superego evolve and the way in which they proliferate in the first six years of a child's life will influence the child's emotional attachment to her/his parent of the same sex and, as consequence, the child's gender identification. I would agree with Freud's statement that children undergo a certain emotional crisis after becoming aware of their genitals. It must be somewhat frustrating for, e.g., a three year-old to realize that reaching a pleasurable emotional state does not necessarily have to originate from her/his mother. Unable to cognitively create an explanation to a new, unexpected flow of circumstances and feelings, the child is most likely to end up confused. This confusion will inevitably provoke anxiety, and the anxiety will build up an emotional tension. However, I would dare to argue at this point that the reason for a child to seek identification with one of the parents might come not from castration fear in boys or penis envy in girls, but rather from the child's belief that the person of the same sex (father for boys and mother for girls) will know how to protect them from the tension. If we perceive male and female infants' cognitive development to have the same starting point, then it is find to accept that boys and girls will react so very differently (according to Freud) to the awareness of their own genitals. If boys have reason to fear castration, why would girls not fear penis "implantation," instead of envy (as Freud proposes)? I am not questioning in this paper whether girls and boys go through an emotional crisis around age of three, but rather whether there is a reason for us to believe that girls necessarily have to play out their confusion through envy, whereas boys have to play out their confusion through fear. Perhaps it could be argued that majority of children are genetically predisposed to act in that particular way in order for nature to secure the existence of human species. It is not Freud's belief about the id, ego, and superego that raises our eyebrow, but rather his rigid sex-based generalization of gender development. His generalization seems to underestimate the impact of genetics and broader social cues, and to overestimate children's cognitive capabilities during the preoperational stage and the impact of the child-parent relationship on children's gender development. There is no doubt that Freud gave us some priceless insight into human personality development. However, by postulation that development of one's gender in the particular way he describes is inevitable, he leaves us, on this verge of the 21st century, very little reason not to contradict him. f:\12000 essays\law & government (233)\Sexual Harassment A Cry for Help or a Money Making Scheme .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Zaccarello 1 "Sexual harassment is not about sex, it is about power." -Gretchen Morgenson An unwanted sexual advance, an offensive touch, and suggestive comments illustrate examples of sexual harassment. Sexual harassment is defined by Stephanie Riger as, "unwanted sexually oriented behavior in a work context." However, sexual harassment does not only appear in an occupational environment, and this form of harassment is not limited to a specific race, a specific gender, or any certain lifestyle. Today, throughout the United States, men and women are filing sexual harassment lawsuits as if sexual harassment were no great matter. A line needs to be drawn to distinguish what is and is not sexual harassment, but since sexual harassment is so subjective, a simple line becomes harder to draw. Some people want punishment for hostile environment harassment, but what constitutes a hostile environment? According to Morgenson a hostile environment includes "hazing, joking, and sexually suggestive talk between men and women who work alongside them." Lately, it seems that Americans are making sexual harassment an excuse. People are crying sexual harassment like the little boy who cried wolf. Sexual harassment has become such an issue due to the large number of cases presented. When Anita Hill, law professor at the University of Oklahoma, brought allegations of sexual Zaccarello 2 harassment against Supreme Court Justice Clarence Thomas, the whole world started listening. This case was "the most celebrated sexual harassment case of our time," according to Martha Chamallas, and "Hill's revelations prompted women to tell about their own encounters with sexually harassing behavior-both in private and in public." This case gave women a reason to report sexual harassment, and sexual harassment would no longer be overlooked. Women would no longer have to "flatter" their bosses, as Erica Jong had to. Consequently, since Anita Hill came out and voiced her opinion, it seems that the issue of sexual harassment has become a security blanket for men and women, and filing lawsuits of sexual harassment have created a new money making scheme. In 1996 my place of employment received two allegations of sexual harassment. In the case I testified in court that I never saw any event of sexual harassment that the lady in question described. The jury threw out her sexual allegations against our employer, and she was sentenced for embezzlement. In this case, sexual harassment was her security blanket against her employer. When she heard that she was being charged with embezzlement, she decided that she might be able to plea bargain if she proved that sexual harassment took place. When allegations of sexual harassment hit home, it has become clear to me that something needs to be done. Employers need to safeguard themselves by understanding the definition of sexual harassment. Employers need to know their employees and be Zaccarello 3 aware of their employees' values. Knowing that sexual harassment is an issue of power and not sex, women need to prove to men that they are not submissive objects. Jong states "just as men can use sexuality for power, women can use anti-sexuality for political power," and I agree with her. The issue that women should be lobbying for is equality. If women cannot stand up to their bosses and show them that they too are powerful, then women will never achieve equality. Similar to my story, in the Supreme Court case of Meritor Savings Bank v. Vinson, Sidney Taylor was accused of sexual harassment by a former employee, Michelle Vinson. Michelle testified that in order to advance in her occupation she had to have sex with her supervisor. Undoubtedly, she did have sexual relations with her supervisor, but she never refused his advances, according to her affidavit. In Taylor's testimony, he told the court that he never made advances or even had sexual relations with her. Furthermore, Taylor testified that Vinson's accusations were the result of an earlier dispute over business. The court found that even if a sexual relationship had taken place, that Michelle acted willingly, and that this relationship had nothing to do with her employment to the bank. This is another example of how the issue of sexual harassment has become grounds for a lawsuit and a money making scheme. Not only are women making money out of sexual harassment cases, but "peddlers of sex harassment advice have, of course, their own money making agenda," according to Morgenson. "There Zaccarello 4 are a lot of bad consultants taking advantage of the fact that sexual harassment is in vogue." In fact, the government has granted aid to certain agencies whose job is to try and combat sexual harassment. The irony is that in Morgenson's view, sexual harassment is decreasing, while the number of sexual harassment consultants has increased. Jennifer Coplon, a consultant, believes that the number of consultants has increased because sexual harassment is overall employment issues, the biggest concern among cooperations. If women would not use sexual harassment as a cry for help, then maybe cooperations would not have to pay consultants to educate businesses. Prevention is the hardest phase of sexual harassment because it is almost impossible to understand what one considers harassment. Morgenson described it best when she pointed out that "Behavior that one woman may consider harassment could be seen by another as a non-threatening gag." Riger suggests that policy makers and employers need to "think like a woman" in order to define sexual harassment. By understanding what might be offensive and suggestive to a woman, employers can safeguard themselves against law suits. Since feminists have forced the court to believe that sexual harassment is a form of sexual discrimination, then equal opportunities for employment need to be implemented. Also, prevention can be accomplished by installing organizational mechanisms, such as hierarchies. If more women were in higher levels of authority, then cries of sexual harassment will be reduced. The key to prevention is Zaccarello 5 education, and as long as the employer knows his employees, then the chance of sexual harassment is diminished. Even though there are almost too many cases of sexual harassment reported, one cannot afford to overlook one case as a false allegation. At the University of Oklahoma, an international student who made accusations of sexual harassment was recently expelled from school. Since the University failed to act upon her allegations, she decided to take the matter into her own hands, which ended her education at the University of Oklahoma. It will never be known whether or not that her allegations were true. Sexual harassment is an issue that cannot be overlooked. With proper knowledge and education, prevention is necessary. Maybe, punishment for wrong allegations should be drafted into legislation. I agree with Erica Jong when she suggested that "sexual hot- button issues like harassment serve to distract us from focusing, for instance, on the fact that women continue to be underpaid." Until something is done to prevent sexual harassment, women and men will use sexual harassment as their security blankets and money making schemes. I want to emphasize to women that sexual harassment is not a money making game, and by crying sexual harassment out loud, women lose their power. As Jong demonstrates, "If we take our power and use it as badly as men have used theirs throughout the centuries, we will not have brought about the world of equality we seek." f:\12000 essays\law & government (233)\SEXUAL HARASSMENT.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ SEXUAL HARASSMENT Just 20 years ago, in most states a woman could not sign an apartment lease, get a credit rating, or apply for a loan unless her husband or a male relative agreed to share the responsibility. Similarly, a 1965 study found that fifty one percent of men though women were "temperamentally unfit for management." There can be no doubt that we have progressed a long way from these ideas in the last three decades. However, it is also unquestionable that women in the work force are still discriminated against, sexually harassed, paid less than men, and suffer from occupational sex segregation and fears of failure as well as fears of success. We will address all of these concerns in this paper, and look at some well-known court cases as illustrations. Anyone who thinks sex discrimination is a thing of the past only has to ask Muriel Kraszewski or Ann Hopkings to learn differently. Muriel Kraszewski worked for State Farm Insurance Company for twelve years and was the leading candidate for an important promotion. She was denied the promotion because, her employers said, she had no college degree and was too much under the control of her husband. Kraszewski sued the company and won her case, after a nine year battle, in late January 1988. She was given what may be the largest sex-bias award in history: up to two hundreds of millions for 1,113 other female State Farm employees with similar complaints, and $433,000 for Kraszewski her-self. Ann Hopkings was one of Price Waterhouse's top young executives. She had the best record for getting and maintaining big accounts, but when she came up for a partnership in 1982, she was denied because several male partners had evaluated her as "too macho." They advised her to walk, talk, and dress more femininely. In response, Hopkings quit the firm and filed suit under Title VII of the Civil Rights Act of 1964 which forbids employers to discriminate on the basis of a person's sex. In May 1989, the U.S. Supreme Court ruled that Price Waterhouse had based its decision on unlawful sex stereotyping. The decision shifted the legal burden of proof to the employer, which should make it easier for employees to win future Title VII cases. Experts say that the decision's main affect may be to force companies to eliminate bias in the people making important personnel decisions for them. The decision was a landmark for anti-discrimination, but we should not overemphasize its power. Even now, after a long and expensive court battle, only twenty eight of Price Waterhouse's nine hundred partners are women. One avenue of reform which the U.S. Supreme Court has long supported is the use of affirmative action plans. On March 25, 1987 the court ruled that the public transportation agency of Santa Clara County, California was justified in given a road dispatcher's job to Diana Joyce rather than a man. Joyce scored two points lower on a test than the man did, but a panel of supervisors found her to be otherwise just as qualified. The decision was based on the fact that the agency's affirmative action plan met the court's three criteria for fairness. The plan was flexible, temporary, and designed to gradually correct the imbalance in the overwhelmingly white male work force. The Reagan administration had taken the position that affirmative action plans were only permissible if they addressed individual victims of actual discrimination. The Supreme Court clearly disagreed, but it was careful to point out that employers did not have to have an affirmative action plan, nor were they precluded from hiring the most qualified candidate for a given position. Closely linked to sex discrimination in the job market, are sex segregation of occupations and wage inequalities. A recent article in the "Monthly Labor Review" noted that, "sex segregation continues to characterize the american workplace, despite the changes that have occurred in some occupations. Millions of women continue to work in a small number of almost totally female clerical and service occupations, and men continue to make up the majority of workers in the majority of occupations." The National Academy of Science published a study in 1986 on the cause, extent, and future direction of sex segregation. The study found that women's occupational options have increase significantly during the last decade, and that the overall index of occupational segregation had decreased by almost ten percent between 1972 and 1981, which is more than in any other decade in the century. The sharpest gains in the number of women employed were in the following jobs: lawyer, pharmacist, bank manager, typesetter, insurance adjuster, postal clerk, bus driver, and janitor. The bad news is that even with a ten percent drop, the index of segregation is still about 60, which means that approximately thirty percent of workers would have to move into a job category dominated by the opposite sex to even things out. Furthermore, Barbara R. Reskin, a sociologist at The University of Illinois, says that twelve occupations in which women have made the greatest gains are merely part of an economic pattern in which prestige, career opportunities, and pat fall because of automation or some other factor, causing men to leave and allowing women to move in. A good example of this trend is bank tellers. Before World War II, most tellers were male and made good money. After the war and with the advent of increased automation, salaries fell and men left the occupation. Today, ninety five percent of bank tellers are female and make an average of $7.26 per hour. Women dominate the clerical, teaching, and service professions, and men still dominant everything else. Some people argue that women limit themselves to these jobs voluntarily, because of sex differences or personality traits. However, the scientific evidence reviewed by the National Academy of Sciences does not support this view. Instead, it suggest that women face discrimination and institutional barriers such that "opportunities that women encounter in the labor market and in pre-market training and education constrain their choices to a narrow set of alternatives." Thus, it is apparent that discrimination plays a significant role in maintaining a sex- segregated work force. Encouragingly, the evidence also shows that the mere existence of anti- discrimination laws may help foster change, either because employers fear reprisals for bias or because such laws help reshape their expectations about what it is acceptable for women to do. Indeed, companies will be force to re-examine their discriminatory hiring practices, not by the law, but by sharp demographics. The fact is that over eighty percent of the growth in the labor force for the rest of the century will be due to women, minorities and immigrants. As the "baby bust" follows the "baby boom," there will be less young white male workers, and experts say that it will be mostly women who will take up the slack. Therefore, companies had better be prepared to recruit, train and promote them. As journalist Elizabeth Ehrlich puts it, "The years of picky hiring are over." The question is, will women continue to be willing to earn $0.64 for every dollar a man earns? Employers who pay woman less than men for the same job are less numerous every year, but as long as the sexual division of labor persists, the pay for predominantly female jobs will be less than for predominantly male jobs. This, of course, is the basis of the argument for comparable worth. In 1981, the Supreme Court mandate that women should get equal pay for equal work, but the issue of equal pay for comparable work id still hotly debated. So far, the only way for a woman to earn as much as a man is to enter a traditionally male field. As we have seen, women have made some progress in this direction, and although we are still far from anything approaching equality, many people are hopeful that the growing personnel needs and the shortage of young white males may contribute to a narrowing of the wage gap. Working in a male-dominated field is not without its dangers, though and chief among these is sexual harassment. Sexual harassment remains a huge problem for many women in predominantly male occupations. A vivid illustration of the problem is the case of Catherine Broderick. Broderick was a lawyer at the Securities Exchange Commission. When she rejected her supervisor's sexual advances and openly disapproved of the special treatment accorded those who went along with him, she was denied promotion for nine years. After filing an internal complaint and getting no results, Broderick filed suit in a federal district court in 1987. A year later, judge John H. Pratt announced a verdict which expanded civil rights protection against sexual harassment. Pratt said Broderick was "the victim of a sexually hostile environment," which he defined as "unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature are so pervasive that they create an offensive workplace environment." He awarded her $88,000 in back pay and interest, an immediate promotion according with her experience, the choice of two jobs at the agency, her attorney's fees, and an allowance for counseling, as well as prohibiting the agency from retaliating against her should she choose to remain there. As if sexual discrimination, sex segregation, and sexual harassment were not enough, many working women also suffer from something called the "imposter phenomenon" which involves both fear of failure and fear of success. The imposter phenomenon occurs when a person feels like a phony, despite outward evidence to the contrary. The fear of failure involves thoughts like "this time I will not be able to do it. I will be found out.," and is rooted in a lack of self-confidence or poor self- concept, both of which are common among women. The fear of success is more complex. It is linked to sex stereotypes and traditional belief systems. Psychologist suzanne Imes says, "many women are afraid that they will not be linked by others if they are seen as powerful and as using their power to affect other people's lives. They have a conflict between their need for power and their need for affiliation. If a person persists in feeling like an imposter, she can imagine that she is not as powerful as she really is and can thus avoid the negative consequences she fears." Most women who suffer from the imposter phenomenon do not actually sabotage their careers, but it is certain that some do. It seems especially tragic for women to sabotage themselves when they have the external problems of discrimination, segregation, low pay and sexual harassment to face, but perhaps the external battles cannot be completely win until the internal battles are settled once for all. ENDNOTES 1 Madura Christopher, "America's Women: Meeting the challenges of today" Scholastic Update 119 (May 18, 1987): 5. 2 "State Farm is Stuck with a Colossal Claim," U.S. News & World Report 104 (February 1, 1988): 10. 3 Andrea Sachs, "A slap at sex stereotypes," Time 133 (May 15, 1989): 66. 4 Ibid., 66. 5 Paula Dryer, "Affirmative Action: After the debate, Opportunity," Business Week (February 13, 1987): 36. 6 Ibid., 36. 7 "Sex Segregation," Monthly Labor Review 109 (February 14, 1986): 2. 8 Ibid., 2. 9 Aaron Bernstein, "So You Think You Have Come A Long Way, Baby?," Business Week (February 29, 1988): 49. 10 "Sex Segregation," 2. 11 Dryer, 36. 12 Elizabeth Ehrlich and Susan Garland, "For American Business, a New World of Workers," Business week (September 19, 1988): 112. 13 Christopher, 7. 14 Lois Romano, "Winning is The Best Revenge," Good House-keeping 208 (April 1, 1989): 49. 15 Ibid., 53. 16 Suzanne Imes and Pauline Rose," Treatment of the Imposter Phenomenon in High- Achieving Women," Women Therapists Working With Women, ed. Claire M. Brody (New York: Springs Publishing Company, Inc. 1984). 17 Ibid., 84. BIBLIOGRAPHY Bernstein, Aaron. "So You Think You Have Come A Long Way, Baby?." Business Week (February 29, 1988): 48-52. Christopher. Madura. "America's Women: Meeting the Challenges of today." Scholastic Update 119 (May 18, 1987): 5-7. Dryer, Paula. "Affirmative Action: After the Debate, Opportunity." Business Week (April 13, 1987): 36. Ehrlich, Elizabeth and Garland, Susan. "For American Business, A New World of Workers." Business Week (September 19, 1988): 112-118. Imes, Suzanne and Clance, Pauline Rose. "Treatment of the Imposter Phenomenon in High- Achieving Women." Women Therapists Working With Women, ed. Claire M. Brody, 69-85. New York: Spring Publishing Company, Inc., 1984. Romano, Lois. "Winning is the Best Revenge." Good Housekeeping 208 (April 1989): 46-53. Sachs, Andrea. "A Slap at Sex Stereotypes." Time 133 (May 15, 1989): 66. "Sex Segregation." Monthly Labor Review 109 (February 1986): 2. "State Farm is Stuck With a Colossal Claim." U.S. News & World Report 104 (February 1, 1988): 10. f:\12000 essays\law & government (233)\Some Landmark supreme court decisions.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Scott Nagao 3/10/97 Period 7 essay About 32 years ago, in December of 1965, a group of adults and students from Des Moines, Iowa gathered to show their dislike towards American involvement in the Vietnam War. They decided to wear black armbands and fast on December 16 and 31 to express there point. When the principals of the Des Moines School System found out their plans, they decided to suspend anyone who took part in this type of protest. On December 16 - 17 three Tinker siblings and several of their friends were suspended for wearing the armbands. All of them did not return to school until after New Years Day. Acting through their parents, the Tinkers and some other students went to the Federal District Court, asking for an injunction to be issued by Iowa. This court refused the idea, forcing them to take the case to the Supreme Court. After hearing their case, the Supreme Court agreed with the Tinkers. They said that wearing black armbands was a silent form of expression and that students do not have to give up their 1st Amendment rights at school. This landmark Supreme Court case was known as Tinker v. Des Moines Independent School District. From the case of Tinker v. Des Moines Ind. School Board obviously came some conflicting viewpoints about the armbands. The school board said that no one has the absolute right to freedom of expression, where the Tinkers said that only banning armbands and not other political symbols was unconstitutional. The school board said that the armbands were disruptive to the learning environment, where the Tinkers said they were not. Finally, the school board said that order in the classroom, where political controversy should be discussed, is entitled to constitutional protection. The Tinkers believed that the armbands were worn as the students views, and therefore should be constitutionally protected and respected by the school. These were all important arguments in the case. Personally, I agree with the Supreme Court's decision to uphold the 1st Amendment rights of the students in school. Why shouldn't students have the same rights as other people? If the students wore obscene clothing, ran out of classrooms, or set the school on fire in protest of the war, then yes, I could see disciplinary action being taken against them. However, the Tinkers simply wore black armbands. Because this was not disruptive or obscene, I feel the school should not have punished them. Another landmark Supreme Court decision came in 1988 in the case of Hazelwood School District v. Kuhlmeier. In 1983 the principal of Hazelwood East High School removed two articles from the school newspaper. He objected to these articles because they described three students' experiences with pregnancy and divorce. He felt that topics such as these would be inappropriate for student readers. The school board voted in favor of the principal's action. Cathy Kuhlmeier and several other students sued the school district in the U.S. District Court of St. Louis. Despite claiming that their 1st and 14th Amendment rights had been violated, the Court found no violations. After taking the case to the United States Court of Appeals, their case was taken to United States Supreme Court. The Supreme Court, however, also upheld the principal's actions finding no violation of their rights. They said that because the newspaper was run by school officials, that it could be controlled by them, "so long as their actions...related to legitimate pedagogical concerns...". This case also had some arguments to consider. The school district said that students' rights are not violated when educators use editorial control for educational reasons. Kuhlmeier believed that this was unconstitutional. The school district said that because the paper was not a public forum that censorship was appropriate. Kuhlmeier believed that the paper was a public forum, therefore, she should be able to express her opinion to the community. Finally Hazelwood School District believed that educators were responsible for controlling school publications because they reflect on the school itself. Kuhlmeier believed that controlling school publications stifled the students' free thought and expressions; it limited them to only school-approved subjects or opinions. In this case, I agree with Cathy Kuhlmeier. I am not saying that certain subjects such as obscene and non-school related topics shouldn't be censored, because they should. However, in Kuhlmeier's case, I feel that pregnancy and divorce are issues that face students at school. Because of this, I believe that the principal's actions were wrong, and that the articles should have been published. In comparison, both of these cases shared some very similar qualities. Both cases were composed of a student versus a school district. Both cases ended up in the Supreme Court. But the biggest similarity was that both cases concerned students' rights at school, mainly the 1st and 14th Amendment, the freedom of expression. Both plaintiffs felt that their rights were being violated by the decisions and actions made by the school districts. In contrast, the time periods in which these cases took place were very different. In the 1960's, the war in Vietnam was going on, and there were a lot of controversial issues and viewpoints facing students at schools. In the 1980's, the war was over and there weren't as many controversial issues surrounding students' rights. One case involved freedom of expression through a school newspaper, the other through articles of clothing, but the major difference between the two cases were the decisions made by the U.S. Supreme Court. They agreed with the Tinkers in the belief that freedom of expression through armbands was okay. However, they disagreed with Cathy Kuhlmeier's belief in freedom of expression through a so-called public forum. As a student, I believe that freedom of expression is one of our most important rights. Without this right people won't know who we are; they won't understand our generation. Because of the many different definitions of freedom of expression, people will always be in controversy over them. Let's hope that our school district never faces a problem as big as the ones presented in this paper. f:\12000 essays\law & government (233)\Son Of Greed.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Summary 18 year old Darren Huenemann of Saanich, British Columbia seemed to be a model student, friend, son and grandson. His mother Sharon called him the "perfect gentleman", as did most of the community around him. When his grandmother Doris made out her will in 1989, she made it so her daughter Sharon would receive half of her $4 million dollar estate, and Darren the other half. At the same time Sharon updated her will to include Darren as the beneficiary of her estate. If they ever came to harm and died, he would be a very rich young man. In the fall of 1989, Darren Huenemann decided that he wanted to be that very rich young man now. The book, Such A Good Boy: How A Pampered Son's Greed Led to Murder, written by Lisa Hobbs Birnie, starts out with a profile of the characters involved in the brutal tale. First is Doris Kryciak Leatherbarrow, born in Calder, Saskatchewan in 1920. Doris grew up in poverty, the oldest of seven children in the farming family. Doris was a good student when she went to school, but quit at fifteen and worked at school. She married George Artemenko, a shipyard worker, and became pregnant soon after. She gave birth to Sharon Doreen in March of 1943. This daughter never knew her father; George died in a fall at work three months after the birth of his child. This left Doris alone and knowing that she needed to do something to support her child. After the war, she landed a job with the newly formed Unemployment Services in the Vancouver area, where she raised enough money to complete one of her dreams: own her own dress shop. She married again to Rene Leatherbarrow, and expanded her dress shop to a large fashion warehouse with four stores. Next explained in the book is Sharon Doreen Leatherbarrow. She grew up under a mother that was always working, and a father that was usually away on business excursions. She learned how to manipulate her mother using guilt to receive what her young heart desired. She married three times: the second wedding yielding a son named Darren Charles, and the third wedding to Ralph Huenemann lasted until her death. Sharon usually lived off her mother's wealth, but was later put on the payroll by Doris when Doris needed assistance in her work. The last character explained is Darren Charles Huenemann. He grew up in almost constant attention from his mother and "beloved gran" Doris. Birnie states, "By the time he was in the third grade he had learned the rules... He had to be clean, polished, polite, under control, understanding, and always very nice to other people." (Birnie, p 51) Darren interacted differently with his peers at younger ages: he didn't engage in physical sport often, but was popular due to is financial status. He became involved with a group of role-players in the popular game "Dungeons and Dragons". Here he let some of his true feelings loose: the desire to rebel, the violence and rudeness he kept inside, and the tendencies he had to kill his grandmother Doris. The book then turns to a chronological telling of the events, starting with the drafting of the wills of Doris and Sharon. This seemed to be a turning point for young Darren, who stepped up his ideas around his peers. He confronted two of his friends, David Muir, and Derik Lord, both 16 years old. These youths, although pleasant enough around their families, had already dealt in illegal activities, smuggling lethal knives into Canada from a post office box in Washington State. He promised them rewards for killing his grandmother and mother. For David, a cabin in the woods, a new car and about 100,000 dollars. For Derik, he would become Darren's bodyguard, and also receive land and money for weapons. They agreed, and decided after weeks of thinking over the problem that the easiest way to kill the pair would be when Sharon visited Doris in nearby Tsawwassen. They would break in, wait for the pair, then club them and slit their throats. Darren, in the meantime, had become delusional. He staged a play at his school called "Caligula", a play about a Roman emperor who symbolizes absolute freedom and consummate evil. He began to speak of ruling small countries, and reveled his murderous plans to his girlfriend, Amanda Cousins. She did not tell anyone about the plot, for she feared that Darren would kill her as well. After a botched attempt two weeks before, Derik and David entered the house of Doris Leatherbarrow on October 5th, 1990, stating they were Darren's friends stopping by. Sharon put two more helpings of dinner into the microwave. Derik and David then struck the two with their concealed crowbars, and used kitchen knives to slit their throats. They overturned furniture and emptied drawers in an attempt to make it look like a botched break and enter. Darren and Amanda picked them up after their ferry ride, and Darren drove his friends home, then returned to his house to "wait for his mother's return". The police had other suspects, such as business associates, but Darren had the motive of greed and so they asked around in his circle of friends, including Lords, Muir and Cousins. Darren hired lawyers for the three youths, which fueled the suspicions. Then, after a period of questioning, the police made a move. They moved on David Muir, finding inconsistencies in his stories. David cracked; he gave a full confession. However, this was not admissible evidence, but it confirmed the fears of the investigators that Darren had brutal planned the whole thing. They then went to Amanda, who also gave her account on the night of the murders in exchange for Crown Witness status. This was the evidence the police needed. They arrested Muir, Lords and Heunemann for first degree murder. While Heunemann could be tried in an adult court since he was 18, the other two boys were only 16, which meant a hearing to see if they should be lifted to adult court as well. Issues here included the reform possibilities of the two, their mental health, the harshness of adult prisons, and the severity of the brutal slayings. It was concluded that both should be tried in an adult court, and that no protection from the Young Offenders Act should be offered. In the Heunemann trial, the crown lawyer Sean Madigan knew that reasonable doubt and presumption of innocence would be his obstacles, and that defense lawyer Chris Considine would use these tactics and clauses to win his case. Pictures of the victims, character witnesses against Darren and a few of Darren's friends from "Dungeons & Dragons" game sessions were the prosecution's tools to try to convict Darren. Darren's friends all testified that he had been known to say that he wanted to "snap [his] gran's neck". Amanda Cousins testified that Darren had shared his plans with her all along. Defense lawyer's attacked her credibility, citing that she had lied to police numerous times during questioning, and that her testimony was a way of revenge against Darren for ending their relationship. In their final arguments, both the Crown and the defense used elements of Amanda's testimony to strengthen their case. The jury, after only three hours after retiring, decided to believe Amanda Cousins and delivered a guilty verdict on both counts of murder against Darren Huenemann. The judge sentenced Darren to imprisonment for life without eligibility for parole for 25 years. At this, Darren Heunemann, calm throughout the trial, dropped his mask, and cursed the judge, the court, and the world. In the cases of Muir and Lord, the same elements, presumption of innocence and reasonable doubt, were used by the defense to try to acquit their clients. For Lord, he also had a statement by his mother, Elouise Lord, claiming that Derik was home for the evening on October 5, 1990. The Crown drew upon Amanda Cousins's testimony again to describe the events of that evening, as well as two young eye witnesses that placed the pair in the neighbourhood that night. The taxi driver who drove the pair to the neighbourhood, who had identified the pair at the first hearing, not wasn't so sure about the pair, vaguely remembering the youths. The defense jumped on this, hoping to raise doubt in the jury. Curiously enough, the defense for Muir offered no evidence for their client, only using the presumption of innocence in the closing arguments. The jury did not know of the confession, since it was unadmissable by law, but the evidence was still overwhelming. The jury, after a night and morning of deliberation, returned guilty verdicts for both boys. They asked, however, that the boys be afforded some protection by the Young Offenders Act, in that they be eligible for parole earlier than the usual 25 years. The judge sentenced the two to life imprisonment with parole available after 10 years of their sentence. The last two convictions, after the Lord family's appeal was turned down by the Appeal Court of British Columbia, were the end of the brutal tale. Birnie then makes the comment, "As they walk out of the courtroom... it is clear the schoolboys have gone forever and hard-time inmates... are fast emerging." (Birnie, p 268) Analysis Lisa Hobbs Birnie is a career journalist and has written other books such as I Saw Red China; India, India; Love And Liberation; Running Towards Life; and A Rock And A Hard Place. Prior to living in Canada, she worked as a reporter in her Native Australia, then in England, and in the United States. She now lives on an offshore island in British Columbia, where she studies cases and other stories. In Birnie's attempt to capture the elements of the case and deliver them without bias and with integrity, one can see she has succeeded in most areas. She used perspectives from almost every angle, and combined them with equal criticism and judgment. The book is divided into logical parts, each outlining a certain aspect of the case, such as profiles of the main players, the outline of the plan, and the separate trials. However, save mentioning the people who said certain statements, she does not reference the trial at all or any other books with a reference page. However, it does state that she spent "countless hours at the hearings and trials" in the cover notes of the book, therefore this shows she have first-person experience of the case. Lisa Hobbs Birnie doesn't really argue the case. She only relates the facts as she saw them. However, she does make a few points of interest. She seems to disagree with certain aspects of the Young Offenders Act, stating, " it's the judge's assessment of the mind-state of the offender that can result in either a treatment-orientated three-year slap on the wrist, or 25 years... as a lifer." (Birnie, p 180) This may show that Birnie feels that the Act is too lenient on the more serious crimes. Also, she shows her ideals on psychiatrists and psychologists, stating they work in a "grey area", while law students, lawyers and experts live in only in black and white. This can cause great rifts in a courtroom; with lawyers wanting a "yes or no", while the psychologist can only give "maybes". (Birnie, 182) In a similar case, Steve Wayne Benson, son of the wealthy Benson family who accumulated wealth in the Tobacco Industry. He too, was shielded, protected and dominated by his powerful family. (Leyton, p 59) He planted bombs inside his parents van and destroyed them himself. The difference in the case is that the accused was older, all of 34 years. The motive, and the delusions, are the same. Greed, and the idea that the money will give him ultimate power. (Leyton, pp 40-43) He was sentenced to life imprisonment without any chance of parole, mostly because of his age and his unrepentant attitude. (Leyton, p 83) Another case is the one of the Japanese son Sawanoi who butchered his parents because they didn't agree with him. The youth was there, he was only 12 when he committed the crime and would serve very little time inn Canada because of the Young Offenders Act. However the Japanese courts put him into a mental asylum indefinitely because of his mental state. (Leyton, 251) The motive to kill was not the same as the Huenemann or the Benson murders. The contribution of the Huenemann, Lord and Muir cases relate to the Young Offenders Act. The fact that Lord and Muir were raised to an adult court instead of a youth court. This probably happened partly because of public pressure of the community to see justice done. Also, the life convictions, with no parole until 10 years were done, was a harsh punishment for the 16 year olds, however it showed that the court was not going to be lenient for just a heinous crime. This may set a precedent for other courts to use the full extent of their power to deliver a jurisprudent sentence, one of justice and fairness. Also a power sentence will show that the youth, knowing exactly what they were doing, are not above the law in their rights. Huenemann's money and influence also was shown to be ineffective in his attempts to become above the law. Finally, this case gives an example of the motive of greed, purely and as evil as it gets. Conclusions This case shows that pampering a child, showering him with wealth, and flaunting the idea that "it will all be his someday", is a formula for disaster. The child does not have a chance to develop his own personality, therefore puts up "masks" and his real personality broods and grows to resent his elders. The book, Such A Good Boy: How A Pampered Son's Greed Led To Murder, written by Lisa Hobbs Birnie, is a well written case review, with very little bias or contrary opinion. It strictly relates the facts in almost every aspect. This would be a good book for a senior law class to read and relate their ideas on the evidence, the judgment, and the inside of the criminal mind of Darren Huenemann. f:\12000 essays\law & government (233)\Stare Decisis and the Law of Precedent.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for any type of case that has ever occurred in Canada, and even many cases from Britain (prior to 1949 and the abolishment of the JCPC). Unfortunately, the law of precedent does have its downfalls. Despite the fall backs of stare decisis, the law of precedent still holds true and important in our modern society. Some of the shortcomings of stare decisis are the following: As time changes, precedents need to change in order to accommodate society's new values and laws. Furthermore, the introduction of "social facts" in court cases has clouded over many existing precedents with many new facts and ideas that render the basics of stare decisis much more complicated. One of the more common drawbacks to the law of precedent is that over time, a law may be found as no longer applicable, or on the other hand, a new decision may be found in a trial which can also be undesirable. Keep in mind that the courts are not supposed to create new policies to deal with new problems, that is the role of the legislature. This drawback is prevalent in two forms: The first is the ruling of a court case, and the second is the sentencing or judicial decision of a case. In order to examine the first form an example is given. A long time ago, sexual harassment at the work place was virtually unheard of or it was ignored altogether. The case probably would not even make it to court. Nowadays if a boss (traditionally a man) simply inquires about an employee's sexual status (traditionally the woman) is considered sexual harassment, and the boss would be found guilty of the charge. This is a classic example of the changing views of society. Sixty plus years ago, women seemingly meant nothing to the world. They were considered tools, possessions, and frequently were not referred to at all by the law. However, with the long battle for the realization of woman's rights, females have become respected by our society and our laws. Unfortunately, sexual harassment at the workplace is going too far. It used to be a threat of one's job in return for sexual favors to qualify as quid pro quo harassment. Yet in today's context, simply inquiring about an employee's sexual status is deemed as sexual harassment. There are problems with old laws and precedents that may need to be rectified. Previous decisions by judges do not necessarily embody the law. Here is where a judge's duty is to apply the law, not another justice's determination of it. "The law and the opinion of the judge may not always be one and the same." For judges, it is important to correct any precedent that is now viewed as a mistake. Making sure that precedents are kept "in check" is a vital role of the courts. The second case of changing precedent is that of court sentencing and decision making. This part of stare decisis troubles many people along with myself for a good reason, court cases are getting out of hand! Here offered is another example. Fifty years ago, a convicted serial killer would have been hung by the laws of capital punishment. Yet nowadays, the taking of a convicted killer's life is deemed as cruel and unusual punishment, even if he murdered the Prime Minister on national television. If that example is too drastic, here is another, more reasonable example. In the United States, court rulings dealing with personal injury or damages are becoming out of this world. Here are a couple of examples: A lady gets 8 million dollars for spilling hot coffee from McDonalds' on herself; O.J. Simpson is out a total of 33 million dollars for the wrongful deaths of Nicole Brown-Simpson and Ronald Goldman. These rulings are ludicrous! If one chooses to say that is the States and not Canada, how about the Brian Mulroney's attempt to sue Canada for 55 million dollars due to slanderous remarks that were allegedly made by his fellow politicians and Canadian citizens? How much further must society "progress" (and this term is used very loosely) before a life sentence of 25 years for a convicted killer is deemed as cruel and unusual? With such continuing changes in the precedents due to an ever developing society, it will not be long before our court system has gone too far with its rulings. Yet the only solution that seems likely is to put a "cap" on sentencing and judicial decisions. We currently do have such "caps" yet they seem to be stretching ever so consistently. A recent and very big complication in the law of precedent is the notion of "social facts." Spawned from the United States, social facts, "which are general patterns of human behavior," only came into Canada in the 1970's. The use of social facts in a court case was greatly increased by the enactment of the Charter of Rights and Freedoms in 1982. A few problems have arisen in the judicial process and the application stare decisis due to social facts. When social facts are weighed against historical or adjudicative facts in a court case, conflicting solutions may occur. This means that when looking specifically at the historical facts, a judge may use a precedent to guide his or her ruling, however, once adding social facts to the case (by use of expert witnesses, statistics, etc.) the decision of that case may no longer be cut and dry. There may be certain circumstances or extraneous variables that have come to play a vital role in the decision of a trial. Therefore, the use of a precedent may be inappropriate. This is a problem because even though social facts may change the view of a case, stare decisis obliges a court to apply precedent to a case even though it is wrong. "Whether the present case resembles the plain case 'sufficiently' and in the 'relevant' aspects" is what judges need to decide with the twist of extrinsic evidence. With the addition of social facts to the judicial system, stare decisis is "no longer an article of faith." Before too much criticism is allowed regarding the law of precedent, one must ask if there is a more feasible solution. As far as I can see, there is not. There are a myriad of important uses and applications for stare decisis. It uses "past experience to guide present conduct." It promotes the rule of law, not men. The law of precedent also minimizes judicial discretion and creativity. This is a major benefit that the Canadian judicial system has over that of the American's. As Americans see precedents as only a "cogent principle," the judges are much more free in their decision making. This can lead to a bias in the delivering of fair justice to the people. Stare decisis is also an instrument of stability that assures equality in the law. A vital aspect for civilized societies is the certainty and continuity of the law. The law of precedent has managed to stay intact and active despite the changes and challenges of society over hundreds of years. Yet as there is no guarantee that what is law today will still be a valid law tomorrow. Despite this possibility, stare decisis has managed to maintain a firm foothold in our judicial system. After a brief view of the pros and cons of stare decisis, one will find that the law of precedents is not perfect, however it is the best solution to the problem of administering justice fairly in our society. "For a law with no certainty is no law at all." f:\12000 essays\law & government (233)\Stowaways.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Stowaways have been a problem to shipowners for about as long as there have been ships in the sea. In the early days of sailing ships and looser maritime legislation, this was a relatively minor problem. This probably had to due with the fact that the ships were smaller in comparison to today's standards, and were comparatively heavily crewed. Thus the chances for a stowaway to get on board and go undiscovered for any length of time were fairly small. Also in that age, the concept of "human rights" was not what it is today, and any stowaways that were found often became involuntary members of the crew. There was, therefore, little incentive to become an unpaying passenger on a merchant ship. Today, however, ships have become ever larger, the maritime world has become increasingly regulated, and the issue of stowaways has become a major problem. There are really several reasons why stowaways have become more of a problem. The real driving factor is really an economic one (Wiener). With all of the political and economic strife in the world today, there is a huge population of people who are just tired of being on the rock bottom of the economic ladder, and are desperate for a better life in a different place. This is really the basic reason why someone would want to spend a week or so crammed into a stuffy container or other similarly uncomfortable accommodations in order to get from wherever they are to somewhere else. It isn't because they just didn't have the money for a plane ticket, but it is the fact that they are being lured by the prospect of a better life. They are willing to leave their homelands and endure uncertain conditions in order to get there. There is, of course, the possibility of applying to another country, such as the United States or any other world economic superpower, for admission as an immigrant. This is a very long and difficult process, and the likelihood of actually getting in is slim. Even if it was possible, few third world citizens can actually afford transportation overseas, let alone find and afford housing, meals, and so forth, once they get there. The fact of the matter is that may desperately poor people who would like to immigrate to another country simply lack the resources to make the trip legally. Therefore, alternative measures, such as stealing rides on merchant ships, become very attractive (Wiener). Another component is the ever increasing size of today's merchant ships, coupled with the gradual decrease in the size of the crews sailing in them. The modern merchant ship has a staggering array of nooks and crannies that are perfect for a person to hide in. Even with the best crew, there simply aren't enough of them to adequately search an entire ship during the short time that they are in port (Wiener). If, by chance, the ship's crew does become wise to some of the favorite hiding spots, the creative mind of a man driven by desperation can usually conspire to come up with something new. For example, there was an AB on the LNG Leo (my ship this past summer) that had an unusual story. He had an acquaintance who worked on a grain ship that had found a couple stowaways buried in one of the holds. Apparently, they had somehow found their way on board and burrowed into the cargo of grain, breathing through a couple straws that just broke the surface of the cargo. Unfortunately for them, the cargo had shifted slightly during the voyage, burying the stowaways alive (Pegram). The container revolution has added significantly to this problem. Containers are, of course, packed and sealed well before it ever gets near the ship, and they can come aboard full of stowaways without the crew having any idea that they are there. It is only when the occupants of the container try to get out and get some fresh air or food is it discovered stowaways are on board (Wiener). Of course, when the stowaways enter the container, they have no idea where on the ship that container will end up. They could luck out and get in an outside tier on deck, where they could cut a hole in the side of the container to get some air, or to go out on deck in search of food. This obviously can create a problem for the crew, who are now faced with a roaming crowd of stowaways on deck. The other possibility is for the container to be buried deep in the hold, where it is impossible to escape from the container. This is good for the crew, but creates a big problem for the stowaways if they did not bring sufficient supplies ("Security"). There are also many reasons why stowaways create problems for shipowner. Again, the major problem is, of course, money. According to the United States Immigration and Naturalization Act, stowaways who do not seek political asylum are considered "excludable aliens" and are prohibited from coming ashore (Mercante 2B). Also, they must be deported immediately back to their country of origin, with no right to a hearing to determine their status. The shipowner is responsible for these repatriation expenses, and also must pay the cost of detaining the stowaways from the time of entering the U.S. to the time of departure. This usually includes a hotel room, food, medical treatment, interpreters if needed, and a 24-hour guard. Should there be any violations of the Act, such as a stowaway escaping the ship while it is in port or failing to deport a stowaway, ships are fined $3,000 (Mercante 2B). The real snag here is when the stowaway seeks political asylum, which any halfway intelligent person would. The 1967 United Nations Declaration on Territorial Asylum states that "no person shall be subjected to measures such as rejection at the frontier or, if he has already entered the territory in which he seeks asylum, expulsion or compulsory return to any State where he may be subjected to persecution ("Note on Stowaway")." Further, the Immigration and Naturalization Service (INS) required, until recently, that the shipowner house, feed, and guard the potential immigrant for the entire duration of the hearing, which could last for months. The total cost to the shipowner in this situation could reach $400,000 per person, a figure that could easily wipe out a good part of the carrier's profits for that voyage (Freudmann 1A). It is for this reason that the shipowners have been complaining to congress about the high cost of stowaways. In fact, some have filed suit against the government. In a recent case, four Romanian stowaways were found on board the M/V European Senator, owned by Dia Navigation Company. The stowaways were interviewed by an INS officer and found to be "excludable aliens" under the U.S. code. However, the four Romanians applied for asylum, thus giving Dia Navigation the responsibility for housing, guarding, and feeding the four men for the duration of the asylum hearing. During the detention, the stowaways were found to speak no English, so a Romanian interpreter had to be hired so that the application papers could be completed. Also, one of the stowaways went on a hunger strike and threatened to commit suicide, thus requiring him to be confined in irons in his own room. Dia Navigation requested that the INS take custody of the detainees, but they refused. Eventually a decision was reached, but Dia was stuck with a bill for 54 days of detention time, a cost of $127,580. Faced with this, Dia filed suit against the INS, claiming that the policy requiring shipping companies to pay for the detention of stowaways was a violation of the Immigration and Naturalization Act. Further, they claimed recovery of these expenses under the Tucker Act and the Administrative Procedures Act ("Dia Navigation"). A lower court rejected Dia's claim, but they were at least partially vindicated on appeal. The United States Court of Appeals for the Third Circuit agreed with Dia on the count that the INS's policy requiring shipowners to house stowaways for the duration of their hearings was unlawful, but they did not feel that Dia deserved compensation for their expenses. This case has been carefully watched by other shipping companies facing the problem of stowaways on their ships ("Dia Navigation"). This particular problem of monetary costs of stowaways to shipping companies is actually somewhat worse in Canada, where ships are fined $7,000 (Canadian) per stowaway entering a Canadian port, even if they are seeking asylum (Freudmann 1A). This is also combined with the fact that Canada has a fairly liberal refugee law which allows a large portion of asylum seekers in to the country. This system creates a lose-lose situation for the shipowners, as the Canadian policy lures in refugees, and fines the shipowners for brining them in. Increasingly fed up with this, some shipping companies have threaten to stop calling in Canadian ports unless their legal system is changed ("Maersk" 37). Stowaways not only pose a financial burden to shipowners, they can also be a serious risk to the ship and the cargo. The biggest danger is the risk of fire, especially if the stowaways happen to smoke. If a stowaway, living in a cargo hold full of flammable materials, happens to drop a cigarette from his hiding place, catastrophe could result. For example, stowaways have been found smoking near containers clearly labeled as containing explosives (Freudmann 1A). Stowaways are also a danger to the crew. In the wake of several well-publicized murders of stowaways at sea, the possibility of a stowaway going aboard a ship armed is increasing. Again, the issue of reduced crews comes into play, as a band of twenty or so well armed asylum-seekers can be more than a match to a ship's crew. Also, ships nowadays are not designed to carry extra passengers, so finding accommodations and food for a few unexpected guests could be difficult. Even if this could be accomplished, some of the crew would have to be dedicated to guarding the stowaways, further straining an already minimal crew (Wiener). Shipping companies, faced with a very high cost and risk from the stowaways, have put some pressure on their officers to find and remove all illegal passengers. This has, unfortunately, resulted in some crews actually throwing stowaways overboard in an attempt to escape port fines. In a recent case, the Taiwanese crew of the Maersk Dubai, under charter to Yang Ming, were accused of throwing three Romanian stowaways overboard while their ship was en route to Halifax, Nova Scotia. The officers are accused of murder allegedly motivated by the prospect of the $7000 fine being levied against him or his company ("Maersk" 37). What is interesting is that the company officials for both Maersk and Yang Ming are both claiming that they do not pressure their crew to get rid of stowaways in such a manner and, further, have strict policies concerning the humane treatment of stowaways. They also say that any fines against the ship are covered by an insurance policy, and that neither the ship or the crew would have to pay them ("Maersk" 38). That being the case, the question is raised as to why exactly stowaways are being thrown overboard, not only on the Maersk Dubai, but in ships around the world. Yet again, we return to the issue of economics. There are, unfortunately, quite a few ships in the world that operate with the absolute bare minimum spent on the hiring and upkeep of their crews. A lot of these crews are from former Communist countries such as the Ukraine and other economically chaotic countries. The crews, already working for near-subsistence wages, take a dim view of an unwanted guest taking food from their tables (Atherton). Finally, there is the point of the liability of the ship in the event that the crew is injured in a confrontation with a stowaway. An injured crew member could have a claim against the shipowners, as it could be argued that the crew member are entitled to a warranty that they are properly trained for their duties. If the crew are not trained to apprehend stowaways, the crew members could conceivably recover under the premise that the ship is considered unseaworthy. Several shipping companies have come to realize that training is necessary, and have begun special programs. This is, however, only a reactionary approach, and does not get to the root of a complex problem (Wiener). Shipowners are, unfortunately, the victims in a lose-lose situation. They do not posses the resources to find and deal with illegal passengers, but are heavily penalized if they are found. Shipowners should not have to bear brunt of keeping, guarding, and transporting stowaways, as this is obviously very costly. There have been, finally, some steps in the right direction. The U.S. House of Representatives recently passed the bill H.R. 2202, which relieves a lot of the costs to the shipowner plagued with unwanted guests. The bill will basically guarantee the removal of the stowaway for the ship and into INS custody within a period of 72 hours. Also, it limits the time the ship is liable for detention costs for the stowaways to fifteen business days ("Security"). This is, however, just the beginning of the solution to the problem of stowaways. The world will be, unfortunately, in a state of economic turmoil for the foreseeable future, so the threat of stowaways will not go away. There are, at present, efforts by governments and shipping companies to combat the problem. Bills such as H.R. 2202 and the actions by Maersk in pressuring government action are definitely steps in the right direction. Hopefully, there will be more efforts like this around the world, and the danger of stowaways will continue to diminish. Bibliography Atherton, Tony. "Story of Murdered Stowaways Makes Riveting Drama." URL:http://www.ottowacitizen...une13/ent/ent5/ent5.html (6 Nov. 1996) "Dia Navigation Company, Ltd v. Pomeroy, et al." The Villanova Center for Information Law and Policy. URL:http://www.law.vill.edu/...3d/opinions/94a0/56p.htm (14 Nov. 1996) Freudmann, Avia. "Ship Lines Say Canada Encourages Stowaways." Journal of Commerce. 3 July, 1996: 1A "Maersk Captain, Officers Charged in Murders of Stowaways at Sea." Professional Mariner. August/September 1996: 37-38 Mercante, James E. "Sea Trials." Journal of Commerce. 3 May, 1996: 2B "Note on Stowaway Asylum-Seekers." Sub-Committee of the Whole on International Protection. URL:http://unncr.cn/reiworld/unncr/scip/51.htm (6 Nov. 1996) Pegram, Jack. Personal interview. June 1996 "Security" URL:http://www.bimco.uk/csi-sec.htm (6 Nov. 1996) Wiener, Cary Robert. "Maritime Security: No Longer a Luxury But a Legal Necessity." URL:http://www.acsp.uic.edu/oicj/pubs/cji/100601.htm (6 Nov. 1996) f:\12000 essays\law & government (233)\Students Rights.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Civics Report Students Rights I chose to do my report on students rights in the public school system. Lisa Rowe, then sixteen a student at Teaneck High School, in New Jersey, thought she was doing a good dead when she returned a purse she'd found in her English class. When she took the purse to the office instead of being rewarded she was told to step into the principals office and asked to pull up her sweater and pull down her slacks, and then she was searched. Why? In case she was hiding stolen money from the purse. That is just one example of how students rights are being violated, and here is another. In the case T.L.O. Vs NEW JERSEY a girl got cought smoking in the bathroom of her school. She was then taken to the office, and asked to open her purse and spill out the contence. What was found in the purse was marijauna a role of money and notes sujesting that she was a marijuna dealer. Her parrents soon filed a suit against the school on the basis that the evidence found was obtained illegally becauce no search warrent was used. In 1985 the case got all the way to the supreme court. The court ruled that the fourth amendment rights didn't apply in the school, and school officialsstill have to have reasonable suspicion not probale cause. Another famous case is the case TINKER Vs DES MOINES where two students wanted to protest the war by wearing arm bands. When the school officials saw what the two students were wearing the teachers demanded that the students take the arm bands off at once. The case got all the way to the United States Supreme Court. The Supreme Court said that the students had a right to wear arm bands just as long as they wernt going to harm themselvs or any one elts. Just a coupple of laws on students rights. The First Amendment says that you have a right to freedom of speech, press, religion, and freedon to a peaceful assembly. The Second Amendment says that you have the right to be secure in your home, and your personal things, but apon probable cause. Can students lockers be searched without a search warrent? Yes, your lockers can be searched without a warrent, only reasonable susipision that a rule or law has been broken is all that is needed to preform a search. Can students be subject to mass searches on campus? No, there must be suspicion directed at each student beaing searched. What should you do if something of yours is getting searched the best thing to do is to say in a loud clear voice that you dont want them to searech your things so that you can have witneses, but don't try to stop them. Most important of all don't put anything in your locker that you don't want anyone to see. I feel that students rights are being violated mare than people know. If more people knew exactly what rights they had it would make alot of things better and easier to understand. Biblography Cover, Marilyn. "Should Students have Rights," Update, Winter 1985, 11-15 Reprintedin Privacy, Volume 3 (Boac Ruton, Flordia: Social Recources Series, Inc, 1993) Article number, 42. Price, Janet R. Levine, Alan H., Cary, Eve, The Rightsof Students, United States of America, American Civil Liberties Union, 1988. Schuessler, Nancy, "A Question of Rights." Seventeen, May 1989, 192-193+207. Sudo, Phil, "Do You Know Your Rights," Scholastic Update, (September 21, 1990) 6-8 25+26. Zirkel, Perry A., "Searching and Researching," Phi Delta Kappan, Volume 71, (December 1989), 330-332. f:\12000 essays\law & government (233)\Susan Smith.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ In the blink of an eye, North America was informed of Susan Smith's tragic loss of her two young boys. No one would have guessed that such a violent crime could have occurred in a small town . Throughout the ordeal , police began to see the flaws in Susan Smith's story. This lead to suspicions, causing the police to make Susan Smith their prime suspect. Days later, Susan Smith confessed to the hideous crime she committed, leaving the nation in disgust. The actions of Susan Smith, which were based on her background and the events in question have left a profound social and legal impact on society's views of violent crimes. Susan Smith lived what most would consider a normal life up to the time before the event concerning the murder of her two children. The only exceptional incident in her past was the suicide of her father when she was eight years old. Susan met her future spouse David Smith, at the age of nine-teen. The couple later went on to have two children, Michael and Alex. She was described as "well-known and well-liked" by her friends, neighbours and relatives. None of her friends or neighbours could have expected Susan Smith to commit such a horrible crime. The event took place in a small town in Union, South Carolina. On October 25th Susan Smith explained that she was "heading east on Highway 49 when she stopped at a red light at Monarch Mills about 9:15 p.m., and a man jumped into the passenger seat." She described the man "as a black male in his late 20s to early 30s, wearing a plaid shirt, jeans and a toboggan-type hat." She said that the abductor held her at gun point and told her to drive. She drove northeast of Union for about 4 miles. Then the man suddenly told her to stop the car. Mrs. Smith said she asked if she should pull over, but the man said for her to stop in the middle of the road. She claimed that she begged for the release of her two children, who were still strapped in the back seat, but it was to no avail. The town sent out thousands of volunteers to search through "over five hundred square miles for the children." The story later went national but there was still no sign of the children or the attacker. The town Sheriff, John Wells, with the help of an FBI computer system went after every lead that came in from psychics, crackpots and well-meaning citizens. Even helicopters with heat seeking devices were used to try and locate the children's bodies. Both Susan and her ex-husband also faced the cameras in an emotional cry for help. Police and prosecutors played a major role in uncovering holes in Susan Smith's story of the abduction. As days passed Susan's story left too many unanswered questions. "No crimes had been reported in the area that night so why would a suspect be fleeing? Why would he take the children if he only needed a car? If the stop light Susan stopped at uses sensors to detect other cars so as to determine when to flash a green or red light, how could she have stopped at a red light with no other cars around?" Also ,"Susan's description of the abductor was so ordinary that it was useless." "Marc Klass and Jeanne Boylen came to Union to help the police with the investigation yet Susan wanted nothing to do with them. " The incident had so many holes in it that everyone started to get suspicious of the story. The police began to wonder about Susan's innocence even though nothing of the sort was said in public. The police finally called Susan in for questioning and searched her home for fingerprints. She failed a lie detector test and the neighbours began to get suspicious telling the police about a man she was recently seeing. A letter from Tom Fidley (the man she was seeing) was found telling Susan that he wanted to be with her , yet he was not ready for a ready made family. "The pressures were suddenly more than Susan could handle and she broke down under questioning and confessed after nine days." On November 3rd, she told police the location of the bodies. Divers went to John D Long Lake at 4:15pm on Thursday and they pulled the car from the mud. At 6:45pm it was confirmed that two bodies were found in the back seat. Mrs. Smith was arrested and charged with two counts of murder. The prosecution in the trial, Prosecutor Thomas Pope, sought whole-heartedly to convict Susan Smith to the full extent of the law in the murder of her two children. "At one point during the trial he asked for the death penalty." On July 22nd, 1995, a jury of nine men and three women swiftly rejected the death penalty after only two and a half hours of deliberation. They decided that the death penalty was not appropriate for a "really disturbed person." When it came to the trial her lawyer tried to argue she had "suffered enough for drowning her two young sons, and that the jury should be lenient." The request fell on deaf ears. Susan's confession led to her sentencing to life in prison. She will be eligible for parole in thirty years. The actions of Susan Smith will never be forgotten, especially by those who live in Union, South Carolina. The unforgivable misdeeds of Smith have had an enormous impact on this little town which citizen described as "...a God-fearing, law-abiding place." The whole town of Union bonded together to help support Susan and the police during this difficult time. The citizens hung yellow ribbons on their doors as a sign of hope that the two little boys would soon be found. Once Susan admitted to killing her sons the reaction was intense and furious. People replaced their yellow ribbons with black ones for mourning, blue ones for boys and white ones for innocence. Flowers were left near the lake by mourners and many felt the need to hold their children for a while during this time. Susan Smith fooled everyone, even her husband of three years and her family. Once Susan admitted her guilt, anger and hatred rose in the hearts of those who believed in her. Thousands everywhere had no idea how someone could be filled with so much despair as to step so far over the line of right and wrong and murder her own two sons. At Susan's bond hearing hundreds of people showed up to voice their opinions yelling 'murder!' and 'baby killing bitch' Out of anger also arose ugliness. Some people advocated "stringing her up right in the middle of the courthouse." Many African Americans were also very upset at the fact that Smith labeled the abductor as a black man. "The actions of Susan Smith will never leave the hearts and minds of the citizens in Union who once trusted her and sympathized with her." This particular case did not cause changes in the law or the legal system. What it did do is awaken the people of the United States and Canada to the reality that evil and deceit lives in our countries. Because of this incident programs have now been opened throughout the United States and Canada to provide support and assistance for troubled families. The three principles of law could be seen in the case against Susan Smith. "Law as a legal concept" was illustrated in the case through the use of the jury to come out with a just decision concerning Susan Smith. "Law as a legal system" was also seen in the many agencies of our society used to uphold rights. The police and the FBI got to the truth about what really happened, and arrested the person responsible. Finally "law as a set of rules" was shown in this case because the court decided that Susan Smith broke one of the various rules set by society and she must be punished for it. Susan Smith's actions were based on countless actions throughout her life. Traumatic experiences found in her background inevitably lead to the appalling crime. One thing that is certain is that it left a scar on society, and had an impact on their social and legal views. This research assignment has enriched my understanding of law as a legal concept, law as a legal system and law as a set of rules. It has shown me first hand the use of these three concepts in our world today. Bibliography Adler, Jerry. "Sins of the Mother" Newsweek, 14 November 1994. Brooke, Heathe. http://www.shij.com/hj/smith/ninedays/1smith.html Brurn, Alex. "Susan Smith Review" Law and Society Review, 28 November 1994. Gibbs, Nancy. "Death and Deceit" Time, 14 November 1994. Grenm, Roy. The Disgust of a Nation (New York: HEADLINE PUBLISHING 1995) Henderson, Gary, The Susan Smith Trial: Nine Days in Union (South Carolina: Herald Publishing 1996), p.193 Reuter, A.P. "Abducted kids, mom accused of murder" Toronto Star, 9 November 1994, news sec., p. C 26 Schultz, Steven. http://www.shij.com/hj/smith/trial/depsend.html f:\12000 essays\law & government (233)\Terrorism.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 Throughout history, statistics have proven that Capital Punishment or otherwise known as the death penalty, has been an effective deterrent of major crime. Capital Punishment is the lawful infliction of death among criminals and has been used to punish a wide variety of offenses for many years all over the world (Bedau 16). When the death penalty is enforced, it shows society that committing a capital crime has deadly consequences. In early times, many methods of Capital Punishment were used to deter a variety of crimes. For over a century, the uniform method for executing persons in America was hanging, although starvation was very common also. There were exceptions which included spies, traitors, and deserters who would face a firing squad. Then in 1888, New York directed the construction of an "electric chair" (Flanders 11). It was believed that the new harnessed power of electricity would prove to be a more scientific and humane means of execution. The first electrocution took place 2 in New York in 1890. In the past, capital crimes were much different than they are now. Robbery and the selling of alcohol to underage customers was a serious capital crime (McCuen and Baumgart 21). Rape was also a crime where the criminal was sentenced to death. In America, only thirty-seven states authorize the death penalty. In most of those thirty-seven states, murder is the only capital crime. The Supreme Court requires that two conditions must be met in order for a specific murder to warrant the death penalty (Nardo 32). The first condition is that it must be first degree murder, which is the deliberate and premeditated taking of life. The second is that one or more aggravating circumstances must be present. Aggravating Circumstances refer to those aspects of a crime that increase its severity. An example of an aggravating circumstance would be torture in conjunction with a murder. ("Capital Punishment" 32). 3 Every society has faced the problem of what to do with its most troublesome criminals. Many people in the past have argued whether or not Capital Punishment is justified and necessary. Most societies now believe that a criminal should receive punishment proportional to the crime committed. Most societies believe that such a severe punishment was necessary to install fear in others. While more social structures developed, the crimes developed into public and private offenses. Public offenses such as witchcraft and blasphemy, were punished by the state; while private offenses still were answered by acts of personal retribution. The enforcement of Capital Punishment in the early twentieth century declined drastically because of all of the controversy. Today, many more states are taking the death penalty into consideration. 4 Methods of Capital Punishment used today are somewhat different than what was used in the past. The lethal injection method, which is by far the most common, and the "electric chair" are the most recently used. The gas chamber is still used but in very rare cases. In 1924, the gas chamber was introduced in Utah with a hope to still find a more humane way to execute the convicted. The gas chamber method proved itself to be a very inhumane way of execution. There were many errors while using the gas chamber. Using too little or too much of the gas was a huge factor that was constantly argued. The continuing desire for a less painful, error-free means of execution led to the development of the lethal injection method in the 1970's. Initially it was approved in Oklahoma and Texas in 1977. This method involved injecting a combination of a sedative, which is used to make the execution less painful, and a fatal 5 chemical agent into the condemned prisoners bloodstream. Lethal injection was first used to carry out the death penalty in 1982. In 1980, The American Medical Association [AMA] went on record to oppose the participation of any physician in an execution by lethal injection. A doctors involvment was seen as a contradiction of the professional responsibility under the Hippocratic Oath to save lives. As it now stands, no state that uses lethal injection, requires a physician to be present. The deadly solution is normally administered by medically trained technicians. There is much evidence showing that Capital Punishment is a deterrent of crime. The most persuasive research compared the homicide rates of states that did and did not prescribe the death penalty. For instance, Michigan, which abolished Capital Punishment in 1847, was found to have had a rate higher to adjacent states, Ohio and Indiana, that were executing. Similarly, Minnesota and Rhode Island, states with no death penalty, had 6 many more killings then their respective neighbors Iowa and Massachusetts, which had Capital Punishment. In 1939 South Dakota adopted and used the death penalty, and its homicide rate fell twenty percent over the next decade; North Dakota went without Capital Punishment for the same ten years, and homicide rates went up. Similar before and after studies in Canada, England, and other countries likewise found that the suggestion of Capital Punishment had deterred murderers better than the prospect of long prison terms. In Britain during the 1950's, a typical "lifer" actually served only seven years, compared with a much tougher average, the United States life term today of twenty years. Between 1930 and 1980 there have been 3,860 executions in the United States. Of this number 3,380 had been executed for murder. Rape, armed robbery, burglary, and aggravated assault no longer are capital crimes. 7 Only thirty-two women have ever been executed. Since 1930 half of all persons executed were non white. Over 1,200 death row inmates were awaiting execution by 1984. In 1980, thirty-nine states had enacted death penalty laws. From 1965 to 1983 favoritism of the death penalty has risen thirty-two percent. Now, seventy percent of Americans favor Capital Punishment. Washington D.C. had the highest murder rate in the country with 35.1 murders per 100,000 population. Nevada is second with twenty, Texas with 16.9, Florida at 14.5. South Dakota has the lowest murder rate with .7 murders per 100,000 population. Since the Supreme Court rulings in the 1970's up to 1984, only sixteen death row inmates have been executed. In America we have many criminals. Different societies have different views on how these criminals should be punished. The more harsh we are on the criminals and the more death penalties 8 we hand out, there will be a drastic drop in capital crime. Capital Punishment is necessary in any imperfect society. f:\12000 essays\law & government (233)\The Benign Development of Ancient Egyptian Patriarchy.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Throughout written history, women have experienced status subservient to the men they lived with. Generally, most cultures known to modern historians followed a standard pattern of males assigned the role of protector and provider while women were assigned roles of domestic servitude. Scholars speculate endlessly at the cause: biology, religion, social custom. Nevertheless, the women were always subordinated to the men in their culture. Through their artwork, tomb inscriptions, and papyrus and leather scrolls, preserved in the dry, desert air, Ancient Egyptians left evidence for scholars suggesting that Egypt was once a peculiar exception to this pattern. Anthropological evidence suggests that unusual circumstances in Ancient Egyptian culture provided for women to be given equal status to their male counterparts: notably, matrilineal inheritance and emphasis on the joy of family life over maintaining ethnic purity. Legally, women in Ancient Egypt held the same legal rights as men. A woman could own property and manage it as she saw fit. One example of this, the Inscription of Mes, provided scholars with proof that women could manage property, institute litigation, and could act as a witness before a court of law. Surviving court documents not only showed that women were free to take action with the court, but the documents also show that they frequently won their cases. They could also enter contracts and travel freely, unescorted, throughout the state. This is a great contrast to women in Greece, who were required to act through a male representative. Interestingly, property and its administration was passed from mother to daughter, matrilineally. The Egyptians relied on matrilineal heritage, based on the assumption that maternal ancestors are less disputable than paternal ones. The effect of legal equality in writing and practice coupled with the ownership and administration of property led to an ensured equality. The rights and egalitarian conditions enjoyed by Egyptian women shocked the conquering Greeks. In 450 BC, Greek historian Herodotus noted: They Egyptians, in their manners and customs, seem to have reversed the ordinary practices of mankind. For instance, women attend market and are employed in trade, while men stay at home and do the weaving. Athenian Democracy mandated that the female's role in the domestic economy was the production of heirs and service of the family. The Egyptian state took no direct part in either marriage nor divorce and made no efforts to regulate the family. The purpose of the Egyptian family was apparently not the production of heirs for the patriarchal head of household, but the shared life and the pleasures and comfort it had to offer. The legal subjugation of women in other societies seems to have been designed to ensure that women were denied sexual freedom to prevent them from indiscriminate breeding. Often, this was a direct result of the need to provide a pure ruling elite and to restrict the dispersal of family assets within a caste. The unique position of the god-king and the absence of a strictly defined "citizen" class made similar considerations irrelevant in Egypt. Modern Scholars are thoroughly aware that Egypt was greatly mixed, racially, and that no written evidence exists of racial tensions or bias. This was most likely the cause of lax sexual restrictions. The Egyptians simply did not care about maintaining racial purity. With the exception of the Pharaoh, all marriages were monogamous and women had the right to arrange the terms of the marriage contract. Realistically, marriages were not polygamous. Many records survive of men raising children born to them of the household servants. Social stigma against married men having affairs was mild, yet married women were socially obligated to be faithful to their husbands. Unlike most societies, however, men having sex with married women were persecuted more severely than their partners. Egyptian Art tells us the primarily of the women in the upper castes. Grave murals and reliefs depict wives standing next to their husbands. Archaeologist have yet to discover any evidence of domestic constriction. Daughters and Wives were free to live independently of male dominance of influence. It is believed from various murals, however, that women were also "put on a pedestal" by their culture. Egyptian art was reflective of their conservative culture where art was Artistic convention of Egyptian and Aegean art depicts women as fairer skinned than their male companions. Generally, art historians have concluded that this was a both and artistic convention expressing the social ideals of the vigorous male with a more refined female and representation of the fact that women were often relieved of working out in the hot, Egyptian sun. Unfortunately, the privilege of Ancient Egyptian women does not constitute the modern connotation of true freedom. Women were officially denied positions of public office although surviving records indicated that many women help low-profile positions during time of need in Middle Kingdom. Also, positions in business and government were patrilineally passed from father to son because of the domestic role expected of the woman. The population of Ancient Egypt was frequently in decline due to disease and periodic famines. The life expectancy for the average Egyptian was a little higher than 40 years. Such a low life-expectancy coupled with a high infant mortality rate ingrained a notion of the transience of life in the mind of the Egyptian. Childbirth was such a national priority that Pharaohs, such as Akhenaton, began representing scenes of their domestic life as acts of royal propaganda to increase the birth rate (Tansey, 91) Fertility was a prime obsession in the Ancient Egyptian mind. A fertile woman was a successful woman. The low life-expectancy and mortality rate for pregnancies made childbearing the most attractive trait a women could offer. However, unlike their Greek and Roman successors, the Egyptians conceived children for the joys of parenthood, not the continuity of male lineage. The expectant mother was greeted with desire from men and envy from other women. Upon proving her fertility, the Egyptian also enjoyed an elevation in status to the highly esteemed level of "mother." Mothers had an important and respected role within the family, and were frequently represented in positions of honor in the tombs of both their husband and sons. Parenthood is so stressed in Egyptian culture that parents would take the name of their eldest son (father/mother of....). Fertility obsession was equally stressed on the males. Ancient Egyptian men were sometimes known to commit suicide, rather than admit to being unable to conceive a child. Joyce Tyldesley expresses it best in her book , Daughters of Isis: Both husband and wife appear to have loved their offspring dearly, and Egyptian men had no misplaced macho feelings that made them embarrassed or ashamed of showing affection towards their progeny. (Tyldesley, 47) Understandably, not every Egyptologist shares Tydeslesy's idealistic view of ancient Egyptian culture. The reliability of surviving records from Ancient Egypt is frequently questioned by most Egyptologists. With such a complex writing system, the majority of the population was illiterate. All presently discovered surviving scrolls were written by professional male scribes. While the legal documents accurately reflect the legal status of women, the more personal writing and historical documents are more likely to carry a male-bias. Much of the poetry and musical lyrics describe women as lustful, loyal, yet beautiful. They often reflect male fantasies of helplessly love-stricken beauties and are only marginally used to build an understanding of the Egyptian culture. Egyptian secular literature typically views women in a less positive light. Written for an all-male audience, women play secondary or antagonistic parts to a male hero in every surviving tale but one. The one exception involves a helpless man continuously saved by his wife's swift thinking. Mythological literature, considering the greater expanse of its audience, portrays women in a more egalitarian light. Collected Egyptian mythology, with a greater variety of characters than Greek and Roman combined, portrays many goddesses in every role imaginable. The most popular goddess, Isis, personified the ideal wife and mother in her never-ending love for her family and resourcefulness in protecting her son from her husband's murderer. Contemporary Christian iconography is believed to be derived from images of Isis, holding her son, Horus, in her lap. In conclusion, the woman of Ancient Egypt held rights and maintained liberties enviable to many women today. Legal equality and land ownership gave women political power and financial independence while the devastation of disease and high mortality rates made motherhood a respected and appreciated institution. Domestic subjugation was avoided by the absence of a notion of racial purity, freeing the woman's sexuality and preventing external interference of the family. Although few of the records left are accurate enough to give us an undisputable perception of Ancient Egyptian culture, historians generally agree that the Egyptian woman had much more freedom than her contemporaries. The necessity for children locked many women in full-time motherhood, yet records indicated that they were appreciated for the happiness they brought to the home and the children they brought into the family. The study of Ancient Egypt takes relevance today in modern life because it provides suggestions towards the origins of modern patriarchy by providing scholars with an examples of conditions that brought about a particularly benign development of male-dominance in Ancient Egypt. Sources Cited: Tansey, Richard. Gardner's Art Through the Ages. Fort Worth: Harcourt Brace Publishers, 1996 91-93. Tyldesley, Joyce. Daughters of Isis. New York: Penguin Books Ltd, 1994. Bibliography Ahmed, Leila. Women and gender in Islam: historical roots of a modern debate. London: Yale University Press, 1992. Lesko, Barbara S. Women's Earliest Records. Atlanta, GA: Scholar's Press, 1989. Piccione, Peter A. "The Status of Women in Ancient Egyptian Society" History of Ancient Egypt Page. http://www.library.nwu.edu/class/history/B94/B94women.html 16 Oct, 1996 Robins, Gay. Women in Ancient Egypt. London: British Museum Publications, 1993. Tucker, Judith E. Arab Women: Old Boundaries, New Frontiers. Indianapolis: Indiana University Press, 1993. Tyldesley, Joyce. Daughters of Isis. New York: Penguin Books Ltd, 1994. Unesco. Social Science Research and Women in the Arab World. London: Frances Pinter, 1984. Watterson, Barbara. Women in Ancient Egypt. Great Britain: Alan Sutton Publishing, 1991. f:\12000 essays\law & government (233)\The Bible and Womens Emancipation.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Bible and the church have been the greatest stumbling blocks in the way of woman's emancipation. A famous 19th century feminist named Elizabeth Cady Stanton voiced this about her struggle for women's freedom. Women, considered a lower class than the men, wanted this subjugation changed. Part of the reason for the subjugation of women is that the Bible could be interpreted in many different ways to suit the needs of the interpreter. These interpretations of the Bible are in part responsible for the belief that women are of a lower class than men. The reason this belief is present in our society is that approximately 85% of Americans are Judeo-Christian. We see examples of these beliefs when we look at the church, the daily lives of women, and the media. Looking at 1 Timothy 2:11-12, we see why our religious society could interpret the Bible this way: Let a woman learn in silence with all submission, and do not permit a woman to teach or to have authority over a man, but to be in silence. We must look at the historical context of the passage. Written approximately 2000 years ago, many parts of the Bible seem outdated. The passage portrays a time when women were property and were "trained" to be weak and fragile. This stopped only about 30 years ago. Before this time, society taught women from birth to be submissive to men. What does this mean to us today? It means that although American Society is no longer training women to be submissive, the problem is still present in our belief system. Many churches do not believe that women should be part of the clergy. This is because they interpret parts of the Bible, such as 1 Timothy 2:11-12, as saying that only men should preach. In 1848, women made a retaliation to these sentiments. At the Seneca Falls convention, women (including Elizabeth Cady Stanton) signed a Declaration of Sentiments. In the declaration it states: He allows her in church, as well as state, but a subordinate position, claiming apostolic authority for her exclusion from the ministry, and, with some exceptions, from any public participation in the affairs of the church (Declaration 1) The people that these women fought against, including other women, believe that it is the duty of a woman to be quiet and submissive. I have experienced this anti-freedom dogma growing up in the Church of Christ community. I experience this dogma when I talk with my grandmother, a woman who lives by the Word. My grandmother states that I should "be a good girl and keep my mouth shut and clean." She says that if I am quiet and do not tell my opinions, people will like me better that way. My grandmother tries to teach the same submissive qualities that were taught to her when she was young. We, as a society, also see this in media. In the November 5, 1996 airing of the sitcom Cybil, the future stepmother of Cybil's daughter was giving advice to the daughter. The advice was that women should let men win arguments. Cybil, enraged, made told her daughter that she did not have to submit. Along with the belief that women must be submissive and silent, there is also the belief that women are the cause of men's downfall and therefore are evil. The last two verses we look at talk about the story of the fall of Adam and Eve. In the story of Adam and Eve, God tells Adam and Eve that there is one tree in the garden of which they must not eat. Deceived by the devil, Eve eats fruit from the tree and then persuades Adam to eat it. This act historically displays the deception of man by woman and has put women in a very bad light. I Timothy 2:13-14 states: For Adam was formed from Eve, and Adam was not deceived, but the woman being deceived, fell into transgression. Meant for a different time, the basic belief that women are the cause of men's downfall is obsolete. Some people say that this belief is not present in our society. I have heard men say that the reason that they are "in the mess they are in" is because of women's "folly." Many popular Hollywood movies today reflect these misogynistic attitudes and use themes that portray women as evil and deceiving. In these films, women want nothing else but to destroy men and the order of society. One popular movie called Eve of Destruction, portrays a woman named Eve as a mechanical tool of destruction that destroys anything that gets in her path. The name Eve in this film indicates a link to the Eve of the Bible, connotating treachery and deception and seen as a bane to man's existence. Not all the Bible portrays women as submissive and evil. Many still believe that women must obey their husbands and live a life of subservience. If people look to this interpretation of the Bible for guidance, women will remain treated as inferior. I am not saying that we need to get rid of the Bible, I am saying that we need to get rid of interpretations of the Bible that are derogatory towards women; like the belief that women are not equal. f:\12000 essays\law & government (233)\The Canadian Justice System vs Aboriginal People.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Canadian Justice System v.s. Aboriginal People Topic: Be it resolved that the Canadian justice system be significantly changed. The Canadian justice system has failed the Canadian people. It has failed the aboriginal people of this nation on a massive scale. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Aboriginal people who are arrested are more likely to be denied bail, spend less time with their lawyers, and if convicted, are more likely to be incarcerated. It is not merely that the justice system has failed aboriginal people; justice has also been denied to them. For more than a century the rights of aboriginal people have been ignored and eroded. The result of this denial has been injustice of the most profound kind. Poverty and powerlessness have been the Canadian legacy to a people who once governed their own affairs in self-sufficiency. A significant part of the problem is the inherent biases of those with decision-making authority in the justice system. However one understands discrimination, it is clear that aboriginal people have been subject to it. They clearly have been victims of the openly hostile bigot and they have also been victims of discrimination that is unintended, but is rooted in police and law. Two specific incidents in late 1987 and early 1988 clearly illustrate this unacceptable discrimination. The first of these was the November 1987 trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba. While the trial established that four men were present when the young aboriginal woman was killed, only one of them was ultimately convicted of any crime. Following the trial, allegations were made that the identity of the four individuals who has been present at the killing was widely known in the local community. On March 9, 1988, J.J. Harper, Executive Director of the Island Lake Tribal Council, died following an encounter with a City of Winnipeg police officer. The following day the police department exonerated the officer involved. Others, particularly those in the province's aboriginal community, believed that there were many questions which had been left unanswered by the police department's internal investigation. These two specific incidents are seen by many as troubling examples of the manner in which the Canadian justice system is failing aboriginal people. While the aboriginal people comprise 11.8 percent of Manitoba's population, they represent 50 percent of the province's prison population. Canada's treatment of its first citizens has been an international disgrace. Unless we take every needed step to redress this problem, this lingering injustice will continue to bring tragedy and suffering to aboriginal people, and to blacken our country's name throughout the world. Supporters of the Canadian justice system might argue that Canada has the best legal system in the world. How do they explain away the injustices in the aboriginal communities? Is justice not intended for everyone? Section 15.(1) of the Canadian Charter of Rights and Freedoms clearly states: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination...". Unless our Charter has no basis in law, out justice is seriously flawed. Minority groups in this flawed system have a dim future at best. Our justice system must be revamped and revised so that it is more equitable, sensitive, and accessible. f:\12000 essays\law & government (233)\The Constitution.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Constitution of the United States was written as a set of rules for this country. Many of the "rules" have helped the country stay in order, but a great many have been abused and taken out of context. Three provisions in the Constitution that are important to my individual rights and liberties are freedom of speech, freedom to vote, and that all people should be treated equally. These rights represent what is important to me and what I believe in. Freedom of speech is an important right to me. It is found under Amendment one of the Constitution. I am a very outspoken person and I like to speak my mind on issues of all kind. The country I was born in did not guarantee freedom of speech. People could be arrested or even killed for expressing their opinion. My parents tell me of some things they went through just to express their thoughts. Those stories have made me appreciate the right to speak without fear of being punished by the government. The writers of the Constitution wanted people to feel safe that they could express their thoughts, but they did not mean that a pornography store should be allowed to do business a few blocks from public schools. I myself like speaking and telling other people what I think is right and what I think is wrong, but the well being of the public has to be taken into consideration. The freedom of speech insures me that right to speak out. When I turn eighteen, I am permitted to vote for people representing my state. I actively watch the news and think about politics. With all the corruption and "bad politics", the wrong people have forced some of the "good" people out of the government. I feel the right to vote is an important right to me because it lets me to put better people in the government. It also lets me decide who I want to run in office what people should be in office. Many countries do not elect their government officials. In the United States when you turn eighteen, you pick what's best for the country. In the preamble to the Constitution it states "We the people of the United States, in Order to form a more perfect Union, establish Justice..." The phrase "establish justice" means ensure equality for all Americans. The founders of the Constitution wanted a country where all people were equal, and were treated equal. But the country is a long way from that. Equality is a thing that would make this country great. The Constitution is a guidance of all Americans. It states the laws, the rules, procedure the United States should go in. Freedom of speech, the right to vote, and equality are the most important provisions to me. If these ideas from the Constitution were taken into context and understood for what they really meant, the United States would be a much better place. f:\12000 essays\law & government (233)\The Context of the Second Amendment.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Context of The Second Amendment The interpretation of the Second Amendment to the Constitution of the United States of America has been a topic of controversy since its acceptance over two-hundred years ago. This controversy stems from the fact that the amendment was written for reasons for the most part that do not have any relevance today. One side argues the amendment void, and the other takes it out of historical context so it portrays the meaning they want. To understand what the second Amendment means, one must interpret the actual text, the historical background for its adoption, and what it means today. "A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed"(Nesbit, 309). What many people see when they read this is, 'the right of the people to keep and bear Arms, shall not be infringed'. One can say that it clearly states that the people do have a right to have firearms. Who are 'the people'? Some argue that the people are just what it says, citizens. "[M]any legal historians have concluded that the right is corporate rather that individual"(Hook, 30). Meaning that the right is giving to the state government not to individual citizens. Others argue that it does give people the right to bear arms, but only if you belong to a certain group. This group is defined by the beginning preamble to the Second Amendment, 'A well regulated Militia, being necessary to the security of a Free State'. This preamble is set out to regulate the other half of the Amendment. What is a militia? "[A] militia is a body of men enrolled for military service, and called out periodically for drill and exercises, but serving full time only in emergency"(Hook, 25). This is talking about a State sponsored militia that is well-regulated. Since there are no State Militias do the people have any right to bear Arms? According to this amendment it is up to the State to decide that. This whole Amendment is guarantee's the state the right to have a well-regulated militia in which the people can bear arms. "[T]he individuals right to bear arms applies only to the preservation or efficiency of a well-regulated [state] militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected"(Nisbet, 316). One cannot only look at the text to understand the true meaning of the Second Amendment one must also look into the historical reasons for its adoption. The struggle with England and King George scared the American people. They saw a man corrupted by power and using his power to do evil. The founding fathers realized that one man having so much power could be corrupting. That is why they set up our political system with many checks and balances so that one branch could not dominate the other two. The founding fathers feared that the one man in control could turn out to be a tyrant. For this reason, they feared to have a standing army of professionally trained soldiers. The founding fathers set up the Second Amendment for the possibility that the government would have to be overthrown. "[The Second Amendment,] a statement perhaps aimed less at the right of the individual to carry arms than to prohibit the establishment of a permanent army of professional soldiers who might some day offer a threat to the civilian society the envisaged"(Hook, 26). So the second Amendment was set up to protect the citizens from the possible oppression they could undergo from their own government. It was also set up to protect us from other countries. At the time standing armies were hired soldiers and mercenaries who for the most part fought for the money instead of the country. The founding fathers believed that state militias fighting for their country and freedom would be much more effective in battle. "A militia is the only safe form of military power that a popular goverment can employ; and because it is composed of the armed [citizens], it will prevail over the mercenary professionals who man the armies of neighboring monarchs"(Nesbit,318). This is how we won the Revolutionary War, by using state militias. The Second Amendment was important to the people then, but now does it really have any meaning? In modern times, we have what the founding fathers feared the most, a national standing army with the President as Commander. We have no State Militias that could give any resistance if President Clinton tried to take military control and ordered troops to enforce tyrannical laws. Fortunately, this has not happened. The problem is that firearms have been a part of this nation from the beginning. In fact Congress at that time did not even feel it necessary to put an Amendment in the Constitution because having a fire arm was as common as riding a horse. "[T]his right had not been questioned, for it was viewed as a traditional privilege lying outside the Constitution..."(Hook, 30). Having a firearm at that time was so common that they did not even think about having to legalize it. Today, is a different story. With more and more regulations on firearms being passed, the Second Amendment is the only thing groups like the NRA have to hold on to. Both sides need to sit down and find a solution to this gun-control debate. Or one day this Amendment will be interpreted at face value and fire arms in citizens hands will be a thing of the past, unless of course it is in a state sponsored militia. As time goes on the controversy of the Second Amendment increases. When examined by the actual text, the historical background, and how it applies today, the Second Amendment has little if any relevance for modern society. Groups like the NRA and ACLU need to work together to find a solution to this gun-control debate so in the end both groups are satisfied with the results. Sources Nesbit, Lee. Gun Control Debate: You Decide. New York: Prometheus Books, 1990. Hook, Donald. Gun Control: The Continuing Debate. Washington: The Second Amendment Foundation, 1992. f:\12000 essays\law & government (233)\The Corruption of Power.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The United States Constitution reads: ".congress shall make no law respecting...or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press;..." (1st Amendment, 1791). The declaration gives one reason to believe that they are free in a country such as this, with "the right to life, liberty, and the pursuit of happiness," (Declaration of Independence, 1776) otherwise known as property. However, there is more behind freedom than just rights; there is also responsibility which can be distorted by certain individuals. This distortion may appear under power, which may corrupt the things we say and do, and in many ways, limit our rights. The rights we are granted by the First Amendment of the Constitution, guarantee the basic freedoms of speech, religion, petition, press, and assembly. By exercising these rights, freedom can be discovered, and can also be costly. The corruption for power is a popular factor in the decay of American rights. The use of certain rights can be twisted and made to be wrong by powerful forces being targeted. For example, if the underdog wishes to attack the wrong doings of leaders, the underdog's accusations may be twisted undermine the real issue. The power to distort is often give the assistance of higher authority, the government perhaps, and often lead to victory, therefore losing rights that they have originally been given. Recent problems have occurred involving the Cincinnati Reds owner, Marge Schott. By exercising her freedom of speech and her opinion, she was forced to lose her property, being her Major League Baseball team the Cincinnati Reds. She stated that what Adolph Hitler did in World War II to the Jewish people was right. To most people, this statement has many arguments that are very different from her opinion. Given the fact that out of all Americans today, two percent are millionaires, and fifty percent of this number happen to be Jewish people; this might reinforce her belief that the persecution lead the Jewish to become a strong entity that would no be defeated. America's leaders seem oblivious to the corruption that they are leading, by denying the rights of one to support the powerful. "Money is the root of all evil, and a man needs roots." (Anonymous) Money, a primary reason that leads to corruption, comes from those who have power. The association with money and power are very close in relation. Freedom is granted when a government is powerful enough to support their own economy and maintain world power. As countries strive for power, freedom that is originally given to each citizen is cut between those who have the power within their country and those who choose to exercise their freedom. "In free countries, every man is entitled to express his opinions and every other man is entitled not to listen." (Anonymous) By exercising one's freedom, they must be careful about how far they go to exercise it. f:\12000 essays\law & government (233)\The Death Penalty.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Death Penalty Is the death penalty just or unjust? It has been argued that capitol punishment is imposed merely to gratify a desire for revenge. Whether or not a punishment is legal depends upon whether or not it serves a valid goal or purpose of a policy. The death penalty is usually defended on two grounds; is useful and that is just . Is capitol punishment moral or immoral? Is the death penalty moral? Capitol punishment is imposed to spare future victims of murder by carrying out the threat of execution upon convicted murderers. The death penalty punishes them not for what they may or may not do in the future but what they have already done. It's unclear that the murderer has the same right to live as their victim. " Our ancestors... purged their guilt by banishment, not death. And by so doing they stopped that endless vicious cycle of murder and revenge." (Euripedes, Orestes 408 B.C.) By 1500 in England only major felonies carried the death penalty. Reform of the death penalty began in Europe by the 1750's. By the 1850's these reform efforts bore fruit. Michigan first abolished the death penalty in 1847. Various public opinion polls report that more than 70% of Americans favor the death penalty for murder. By 1991, some 2,350 persons were under the death sentence in 36 states. The death penalty should be moral because, " a life for a life." Is the death penalty immoral? Life imprisonment without the possibility of parole is a realistic alternative for the small number of offenders who are likely to be executed in any given year. Justice does not demand death but justice does demand that murderers be punished. If punishment is justifiable as for restoring justice and the moral order, it does not necessarily follow that capitol punishment is moral. " The death penalty only allows us to extend the pain. It allows us to continue to blame one another, to turn against one another, to learn to hate better" . Many people think that by executing some criminals, we will deter others. The cost to send a murderer to a death penalty is about 3 million dollars. The cost is dramatically lower to keep a criminal in for life imprisonment without the possibility for parole. The death penalty is just " cruel and unusual punishment." Personally, the death penalty is moral and just. If you take a life you should have yours taken. It is here to show that the death penalty punishes the murderer for what they have already done. There are some instances where it is very unclear whether the death penalty should be used. For example, a man that works in a high security research facility. A foreign agent has evidence that he has been selling information to another foreign spy and threatens to kill him if he doesn't kill the spy. He kills the spy and gets caught in fear of his own life5 . Should he receive the death penalty? Today, the death penalty is still uncertain in many cases if it is just or unjust. One of the "Ten Commandments" states, " Thou shalt not kill." Wouldn't this mean the death penalty is murder? Is capitol punishment moral or immoral? Someday the death penalty could be abolished totally. The big controversy is if the death penalty is fair or not. Should a murderer get his own life taken or should it be called a " cruel and unusual punishment."? The best possibility that has been discovered is life without the possibility of parole. Is capitol punishment a desire for revenge or is it a purpose of a policy? The death penalty should be questioned against the Constitution. f:\12000 essays\law & government (233)\The Effects of Race on Sentencing in Capital Punishment Cases.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Effects of Race on Sentencing in Capital Punishment Cases Sam Houston State University, Huntsville CJ 478W-Introduction To Methods Of Research TTH 8:00-9:30 The Effects of Race on Sentencing in Capital Punishment Cases Throughout history, minorities have been ill-represented in the criminal justice system, particularly in cases where the possible outcome is death. In early America, blacks were lynched for the slightest violation of informal laws and many of these killings occured without any type of due process. As the judicial system has matured, minorities have found better representation but it is not completely unbiased. In the past twenty years strict controls have been implemented but the system still has symptoms of racial bias. This racial bias was first recognized by the Supreme Court in Fruman v. Georgia, 408 U.S. 238 (1972). The Supreme Court Justices decide that the death penalty was being handed out unfairly and according to Gest (1996) the Supreme Court felt the death penalty was being imposed "freakishly' and 'wantonly" and "most often on blacks." Several years later in Gregg v. Georgia, 428 U.S. 153 (1976), the Supreme Court decided, with efficient controls, the death penalty could be used constitutionally. Yet, even with these various controls, the system does not effectively eliminate racial bias. Since Gregg v. Georgia the total population of all 36 death rows has grown as has the number of judicial controls used by each state. Of the 3,122 people on death row 41% are black while 48% are white (Gest, 1996, 41). This figure may be acceptable at first glance but one must take into account the fact that only 12% of the U.S. population is black (Smolowe, 1991, 68). Carolyn Snurkowski of the Florida attorney generals office believes that the disproportionate number of blacks on death row can be explained by the fact that, "Many black murders result from barroom brawls that wouldn't call for the death penalty, but many white murders occur on top of another offense, such as robbery" (As cited in Gest, 1986, 25). This may be true but the Washington Legal Foundation offers their own explanation by arguing that "blacks are arrested for murder at a higher rate than are whites. When arrest totals are factored in , 'the probability of a white murderer ending up on death row is 33 percent greater than in the case of a black murderer" (As cited in Gest, 1986, 25). According to Professor Steven Goldstein of Florida State University, "There are so many discretionary stages: whether the prosecutor decides to seek the death penalty, whether the jury recommends it, whether the judge gives it" (As cited in Smolowe, 1991, 68). It is in these discretionary stages that racial biases can infect the system of dealing out death sentences. Smolowe (1991) shows this infection by giving examples of two cases decided in February of 1991, both in Columbus. The first example is a white defendant named James Robert Caldwell who was convicted of stabbing his 10 year old son repeatedly and raping and killing his 12 year old daughter. The second example is of a black man, Jerry Walker, convicted of killing a 22-year-old white man while robbing a convenience-store. Caldwell's trial lasted three times as long as Walker's and Caldwell received a life sentence while Walker received a death sentence. In these examples, it is believed that not only the race of the victims, but also the value of the victims, biased the sentencing decisions. The 22-year-old man killed by Walker was the son of a Army commander at Fort Benning while Caldwell's victims were not influential in the community. In examples such as these, it becomes evident that racial bias, in any or all of the discretionary stages, becomes racial injustice in the end. Smolowe (1991) also makes the point that Columbus is not alone: "A 1990 report prepared by the government's General Accounting Office found 'a pattern of evidence indicating racial disparities in the charging, sentencing and imposition of the death penalty." In an article by Seligman (1994), Professor Joseph Katz of Georgia State "and other scholars have made a separate point about bias claims based on the 'devalued lives' of murder victims." Seligman also asserts that those claiming bias believe that it is in the race of the victim and not the race of the defendant, and because the lives of blacks have been "devalued,' people who murder blacks are less likely to receive death sentences than those who murder whites" (Seligman, 1994, 113). An Iowa Law Professor, David Baldus, also found that "juries put a premium on the lives of victims" (As cited in Lacayo, 1987, 80). In a study of more than 2,000 Georgia murder cases, Baldus found that "those who killed whites were 4.3 times as likely to receive the death penalty as those who killed blacks. And blacks who killed whites were most likely of all to be condemned to die" (As cited in Lacayo, 1987, 80). According to Gest (1996), of those executed since the reinstatement of the death penalty, 80% have murdered whites, while only 12% of those executed in the same time period have had black victims. These figures show an obvious trend of racial bias against those who murdered whites. Could these disparities be because, as sociologist Michael Radelet put it, "Prosecutors are political animals, they are influenced by community outrage, which is subtly influenced by race," or is it because "it is built into the system that those in the predominant race will be more concerned about crime victims of their own race," as stated by Welsh White of the University of Pittsburgh Law School (As cited in Gest, 1986, 25). Because of the immense possibility of discrimination in sentencing in capital punishment cases, each stage of prosecution must be controlled as much as possible. Although these offenders are the worst the criminal justice system has to offer, prosecutors must be encouraged to consider the crime and not the race of the victim or offender and the judge must attempt to exclude the same racial issue when deciding the punishment. I believe Justice Brennan said it best when he wrote the dissenting opinion in a capital punishment appeal. He wrote, "It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined" (As cited in Lacayo, 1987, 80). With great effort, the judicial controls can begin to battle the racial bias of Americas Judicial system but to completely eliminate such a bias, the people involved in the judicial process must learn to look past the race of the offender or the value of the victim, and instead focus on circumstances of the crime. References Gest, T. (1986 Oct. 20). Black-and-White Issue? US News & World Report, 101 (16), 24-25. Gest, T. (1996 July 8). A house without a blueprint. US News & World Report, 121 (2), 41-42. Lacayo, R. (1987, May 4). Clearing a Path to the Chair. Time, 129 (18), 80. Seligman, D. (1994, September 5). Uh oh! More Stats. Fortune, 130 (5), 113-114. Smolowe, J. (1991, April 29). Race and the Death Penalty. Time, 137 (17), 68-69. f:\12000 essays\law & government (233)\The Feminine Mystique.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Feminine Mystique is the title of a book written by Betty Friedan who also founded The National Organization for Women (NOW) to help US women gain equal rights. She describes the "feminine mystique" as the heightened awareness of the expectations of women and how each woman has to fit a certain role as a little girl, an uneducated and unemployed teenager, and finally as a wife and mother who is to happily clean the kitchen and cook things all day. After World War II, a lot of women's organizations began to appear with the goal of bringing the issues of equal rights into the limelight. The stereotype even came down to the color of a woman's hair. Many women wished that they could be blonde because that was the ideal hair color. In The Feminine Mystique, Friedan writes that "across America, three out of every ten women dyed their hair blonde " (Kerber/DeHart 514). This serves as an example of how there was such a push for women to fit a certain mold which was portrayed as the role of women. Blacks were naturally excluded from the notion of ideal women and they suffered additional discrimination which was even greater than that which the white women suffered from. In addition to hair color, women often went to great lengths to achieve a thin figure. The look that women were striving for was the look of the thin model. Many women wore tight, uncomfortable clothing in order to create the illusion of being thinner and some even took pills that were supposed to make them lose weight. The role of women was to find a husband to support the family that they would raise. Many women dropped out of college or never went in the first place because they were lead to believe that working outside of the home was for men and that it would not be feminine for them to get jobs and be single without a husband or children to take care of. An enormous problem for women was the psychological stress of dealing with this role that was presented to them. The happily married, perpetually baking, eternally mopping, Donna Reed that lived in every house on the block with her hard working husband and her twelve children that existed in the media made women feel that there was something wrong with them if they didn't enjoy their housewife lifestyle. And it was not easy for women to deal with this problem. As Betty Friedan writes in The Feminine Mystique, "For over fifteen years women in America found it harder to talk about this problem than about sex. (Kerber/DeHart 515)." Many psychiatrists were baffled and the problem was often ignored with no known solution because everyone found it to not make any sense. Women of low economic status also struggled a great deal because they had to deal with the problems associated with a single income household which could become very frustrating when she has every reason to get a job, but cannot. It is also harder to raise children with a low income and provide for the family as she was expected to. It is interesting to apply the notion of the feminine mystique to modern culture and see that it often still exists. Though there are many women who are getting jobs, there are still a lot of families that fit the mold of the traditional family with the breadwinner and the bread baker with bunch of kids running around. The benefits which arose from this oppression were that women began to fight back. NOW activists began to use both traditional and non-traditional means to push for social change. They have done and continue to do extensive electoral and lobbying work in addition to organizing mass marches, rallies, pickets, and counter-demonstrations. NOW re-instituted mass marches for women's rights in the face of conventional wisdom that marches were a technique that died out with the 1960s. A march in support of the Equal Rights Amendment drew more than 100,000 people to Washington, DC in 1978. NOW's March for Women's Lives in 1992 became the largest protest ever in the capital. One of the ways that women's lives and experiences have been divided is through discrimination based on sexual orientation. The 1960's fueled a lot of strong movements and the Gay Rights Movement was one of the many that came out of this decade. Gaining a lot of momentum from the ideas of acceptance and equality sparked by the Civil Rights Movement, the Gay Rights Movement set out to achieve acceptance in the general population. A primary historical event involving homosexuality is the Stonewall Riot which grew out of a police raid in a gay bar in June of 1969. This event sparked a chain reaction which resulted in the Gay Rights Movement. The effects of the Gay Rights Movement still exist today with a wider acceptance of homosexuality and the existence of many homosexual organizations which promote homosexual support. The basic goals of the movement were to eliminate the laws which prohibited homosexual activity, provide equal housing and employment opportunities for homosexuals, and to create a wider acceptance among the heterosexual community. Still there was a lot of opposition to those who accepted homosexuality. Still there was a lot of oppression felt by lesbian women, even among the homosexual realm. In 1971 NOW became the first major national women's organization to support lesbian rights. It has been one of the organization's priority issues since 1975, and was the theme of national conferences in 1984 and 1988. Through the years, NOW activists have challenged anti-lesbian and gay laws and ballot initiatives in many states. Over 15 years ago, NOW gave strong support to a landmark 1979 case, Belmont v. Belmont, that defined lesbian partners as a nurturing family and awarded a lesbian mother custody of her two children. The plaintiff in that case, Rosemary Dempsey, is NOW's Action Vice-President. A lot of people still are afraid to show support for homosexual organizations. Within the religious community lies the largest of debates regarding the issue of homosexuality. The majority of the Christian leaders reject homosexuality and define it as a sin that must be dealt with. Yet the greatest debate exists between disagreeing Christian leaders. Some denominations permit homosexual pastors to lead their churches, which is offensive to those who are opposed to it, while others neither condone nor reject the issue. This is especially important for lesbian women who wish to be church leaders because they have to face those who claim that, not only should they forbid homosexual pastors, but that women should not be allowed to take leadership positions in the church. When the era of the Gay Rights Movement is compared with the silence that was required of homosexuals during the colonial period, it becomes apparent that there have been great advances through history. Lesbian women were forced to repress their sexuality and get married in order to live a "normal" life. Even after homosexuality began it's emergence in the 1970s, lesbianism was often forgotten somewhere among the controversy. In the words of feminist author Kate Millett in her book, Sexual Politics which was written in 1970, "'Lesbianism' would appear to be so little a threat at the moment that it is hardly ever mentioned... Whatever its potentiality in sexual politics, female homosexuality is currently so dead an issue that while male homosexuality gains a grudging tolerance, in women the event is observed in scorn or in silence (pt. 3, ch. 8)." There seems to be no distinction made between homosexual men and homosexual women in the media and this causes another form of separation. f:\12000 essays\law & government (233)\The First Amendment.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Our Living Shield: The First Amendment The authors of the Constitution of the United States created a magnificent list of liberties which were, at the time ascribed, to most people belonging to the United States. The main author, James Madison, transported the previous ideas of f undamental liberties from the great libertarians around the world, such as John Lilburne, John Locke, William Walwyn and John Milton. Madison and other previous libertarians of his time were transposed into seventeen different rights which were to be secured to all those in the United States. These seventeen civil liberties were compressed into ten different groupings which were designated as the "Bill of Rights." In this document lay the First Amendment which stated that the people of the Uni ted States had the "freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government..." The First Amendment was drafted by federalist Madison mainly as a political tactic to abolish anti-federalist resistance to the Constitution. After its passage in December of 1791, the First Amendment remained more idealistic than realistic. The First Amendment remained a set of ideals which were not to be carried out during its first century, then progressed to more realistic terms during its latter half of utilization. During the first century of the First Amendment, the First Amendment was paid a glance by all when it came to actually carrying out the freedoms guaranteed by this amendment. For example, in 1794, Pennsylvanian backcountry farmers protested a whiskey tax. The protesters were not violent such as those of the previous Shay's Rebellion. George Washington sent in a militia to crush the rebellion denying them of their First Amendment right to "peaceably assemble." Later, in 1836, anti sl avery newspaper editor James G. Birney had been warned that his newspaper "The Philanthropist" was not desirable in the city of Cincinatti. When Birney refused to cooperate, mob action took rule and, "scattered the type into the streets, tore down t he presses and completely dismantled the office." This contradicted the First Amendment which stated that, "freedom...of the press," is a constitutional right. The Supreme Court could do nothing about these situations when in Barron v. Baltimore, t he Court ruled that, "These amendments contain no expression indicating an intention to apply them to state governments. This court cannot so apply them." Thus, the Supreme Court could not interfere when First Amendments are being violated within a state. These acts were representative of the lack of recognition for our First Amendment rights during the first half of the Bill of Right's acceptance. The second half of the Bill of Rights was marked by a rebirth in which the Bill of Rights was no longer a set of ideals. The second half began when in 1925, the court ruled in Gitlow v. New York that the First Amendment supersedes state laws . This nullified the Court's ruling in Barron v. Baltimore, which took place 92 years earlier. Also, in 1931, the Court overturned Minnesota's conviction of Jay M. Near, whose anti Semitic "Saturday Press" violated Minnesota law which prohibited " malicious, scandalous and defamatory" remarks towards politicians and other public officials. The Court stamped Minnesota's law in violation of the First amendment. In 1937, Chief Justice Charles Evans Hughes overturned the conviction of Oregon Com munist Dirk De Jonge. De Jonge had been detained for attending a meeting to protest the police shooting of striking longshoremen. The Court ruled that "Peaceable assembly for lawful discussion cannot be made a crime." More recently, in 1985, the S upreme Court ruled that burning the American flag is protected by the First Amendment when the Court reversed the conviction of Gregory Lee Johnson, who was arrested for violation of the Flag Protection Act of 1989. The Court then ruled the Flag Protection Act of 1989 unconstitutional. These instances clearly portray the rebounding of libertarian beliefs. The First Amendment of the Constitution started off as a set of beliefs meant to supply reason for one being patriotic rather than supply those inalienable rights discussed in the Declaration of Independence. It then developed into a powerfu l document which is the only living manuscript which specificly lists out the peoples rights. One cannot look back without looking ahead. The supreme court currently is overwhelmingly conservative. Without the balance of conservatism and liberalism, a deficiency evolves. And this deficiency is human rights. The Supreme Court ruled in 1990 that two American Indians were not protected by the First Amendment when they religiously smoked peyote. This is only a sample of the conservatism which wi ll eventually plague America. The Court's decisions are close to eternal and decisions made now will affect America's future. And whether or not we should put America's future in one group's hands is out of the question. The court is currently dan gerously conservative. f:\12000 essays\law & government (233)\the independence of the judicary in Autralian law .TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. It is under this doctrine that no person can be a Member of Parliament and a judge at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by dividing it. a) Why is the independence of the judiciary an important feature of Australia's system of justice? The judiciary is the government branch that is concerned with the administration of justice. The judiciary is absolutely separate from the executive and the legislature, so it can check the concentration of government power. The independence of the judiciary is crucial of a democratic community because when judges are presiding over cases, there must be no interference and intimidation from the external forces. The independence issues touches upon the conflict of authority and freedom. If the doctrine of separation of powers did not exist, the authority would not be prevented from interfering in the administration of justice, therefore the basic freedoms of the citizens would not be guaranteed. It is up to the judiciary to exercise according to the law. It would be without the independence of the judiciary that the principles of rule of law and natural justice would be jeopardy and other institutions of government would interfere in the administration of justice. There are three main elements of the independence of the judiciary they are, permanency of tenure, dismissal by parliament and fixed remuneration. Permanency of tenure means that judges are appointed by the executive government and have a permanent tenure until they have to retire at the age of seventy. It was a constitutional referendum in 1977 that placed this requirement on federal judges. Also state laws have been made, for the state judges to retire at the same age. The only exception is the Family court justices; they have to retire at the age of sixty-five. Judges can only be dismissed on the grounds of proved misbehaviour or incapacity and can only be dismissed by parliament representatives. This is a very serious undertaking and has been used in the Australian parliament, but no federal judges have ever been dismissed. The constitution provides that a salary of a judge cannot be reduced. This is to prevent manipulation of salaries to a low level, which would force judges to retire from the bench. This would be suitable to an indirect interference in the independence on the judicature. However parliament can increase judges salary if the wish to. Judges also must not interfere with each other's deliberations and decisions. While judges hear and make judgments and administer laws, the doctrine of precedent is so entrenched as a rule of conduct that it is the golden rule for judges to follow legal principles created as precedents in superior courts. Judicial independence is also necessary because a judge cannot hear an appeal from a case that she or he have just presided over, this would lead to an inconsistency in deciding the appeal. Judges also have judicial independence. They have a law that protects them from having threats of civil litigation for their statements in their judgments. It is also a criminal offence for a person to interfere with a judge's performance while they are performing their duties. The rule of law is strictly applied; to acknowledge that everyone has an equal standing before the law and accepted judicial practices must be followed. b) Give two examples how judges must comply with the rule of law. The doctrine of precedent is a fixed rule of the judicial conduct. It is the inferior courts that have the obligations to follow the legal principles created in the superior courts. This when decisions made in the superior courts become binding precedents on inferior courts and judges cannot ignore them. For example if a District Court judge ignores the legal principle made in the Supreme Court, then on appeal it certain that the decision will be reversed because accepted judicial rules were not followed. It is the principle of independent judiciary that conforms to the rule against bias. Everyone expects their justice to be administered by a member of the judiciary who is independent form the legislative and executive powers of the government and completely impartial to the case before them for resolution. Judges are expected to be disqualified themselves when they have any interference with the financial or other interests in the outcome of a case. This is the fundamental principle for the application of constitutional law as it is to criminal law. For example a person, who is challenging the legality of legislation at a great cost, would expect the judge to resolve the case on its merit rather than the power of the government institution. f:\12000 essays\law & government (233)\The Law system in Denmark.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Product: McAfee VirusScan for Windows95 (VirusScan95) Version: 2.03 Document: WhatsNew.doc This document is organized into two sections. · Section I covers technical specifics for this version of McAfee VirusScan95. · Section II covers some of the most Frequently Asked Questions about VirusScan95. Section I 1. What's new for VirusScan95! McAfee took the most popularly requested items in version 1.1 of VirusScan95 and implemented them in this new release. Here's what we did: · Added MS-DOS scanning component prior to loading Windows 95. · VirusScan95 now CLEANS MS Word macro infections. · Added the ability to scan the boot sector on local hard drives (enabled by default). · Added support for multiple scan targets (see FAQs under Section II below). · Added support for the "Scan in:" field to scan Local Drives as well as Network Drives. · Added support for scanning Word documents when launching from Word or Mail. · Added an AutoExit switch in VirusScan Configuration (VSC) files (see item 4 below). · Enabled the ability for launching VirusScan95 in a minimized or maximized window by using shortcuts. · Installation directory defaults to "C:\Program Files\McAfee\VirusScan95". · To save disk space, the installation searches for previously installed versions of McAfee VirusScan95. · Detection rate updated to version 9605 definitions, including MS-Word document infections. 2. What's new for VShield 95! McAfee has re-vitalized the classic VShield product for an entirely new generation of Windows products. McAfee's chief architect stated when asked, "We overhauled the entire product by dropping in a 32-bit engine, and a series of VXD modules then, gave the interface a completely new look & feel. Customers who are familiar with the older product will be completely amazed at the improvements and features we have added. New users will really enjoy how VShield has been seamlessly blended into the workings of Windows95." Unlike its predecessor, VShield no longer relies on a DOS TSR; everything is done directly in the Windows95 environment. "We assembled customers' feedback and attempted to develop a product which, we believe the customer really wants. In the marketplace, I believe McAfee will be the first to develop an on-access product which is completely independent of MS-DOS." Here's what they did: · On Access scanning of floppy diskettes. · UNC aware. · Long file and directory name support. · Netware and MS-Network awareness. · Log file support with real-time logging. · Exclusions table. · Detection rate equivalent to existing products. f:\12000 essays\law & government (233)\The Micmac V S The Iroquois.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Micmac V.S. The Iroquois Although the Micmac and the Iroquois Confederacy are both Aboriginal groups, they have many differences as well as similarities. One area of such, is their traditional justice systems. Their governments and laws are in some ways similar, but in many ways different. The Micmac reside in what is now Nova Scotia, eastern New Brunswick, Prince Edward Island, and southern Gaspe. The territory was subdivided in to seven districts. Each of these districts contained family groupings in small settlements based on hunting and fishing. Those from P.E.I. held more territory in common than any other Micmac district. Their land was allotted by family. The Iroquois were a agricultural people. They lived in permanent villages in a domain now called southern Ontario, southern Quebec, and northeastern United States. Indian Nations living here formed a formal and lasting confederacy by 1450. Their members were called 'Ho-De-No-Sau-Nee'. The league was called 'Kanonsionni', meaning EXTENDED HOUSE. The first five nations to join the confederacy were Mohawk, Oneida, Onondaga, Cayuga, and Seneca. Tuscaroras migrated from Carolina and joined the confederacy in 1722. The Iroquois are bound in a treaty of friendship with the Ojibway to the North. The Micmac government was three-tiered, with local, district, and national chiefs, or 'Sagamores'. Each settlement's council of elders chose a local chief. The chief was the focus of power in the settlement. The local chief attained position through both hereditary right and meritorious behavior. The oldest son of a dead chief was usually given first consideration as a successor. If he was found unfit for office, despite special training, others in family and/or others in the community were considered. These chiefs usually had two assistants or captains. These were called second and third watchers. They would assume command from a sick or incompetent chief. The local chiefs would convene in a district council and select one of their numbers to preside over their meetings and represent the regions' interests. Councils usually met in the spring or fall, and all decisions were based on unanimity. District Sagamores made up the governing body of the Micmac nation. One district chief would act as Grand Chief. All three of these types of chieftainship followed bloodlines as a natural course of leadership ascendency. The people expected their chief to be a man of intelligence, knowledge, dignity, courage, generosity, an able hunter, and fearless warrior. Leaders ruled through impeccable example, not force. The Iroquois confederacy was formalized by a constitution, recorded on wampum belts to preserve the understanding for all generations to follow. Each nation retained its own council and managed its own local affairs. General control was to be lodged in a federal senate, composed of representatives elected by each nation, holding office during good behavior, and acknowledged as ruling chiefs throughout the whole confederacy. Every nation was further subdivided into clans. Each clan discussed a matter to be brought before the federal council, followed by unanimous agreement between clans. The head chief would then announce the vote of his nation in the league council. In the Iroquois society, fifty "sachem ships" were created, these men represented their nation's interests on the general council, while continuing to exercise leadership at the local level. Together they formed the executive, legislative, and judicial authority of the league. Although each nation possessed unique responsibility in the confederacy, no sachem had greater rights than another. Onondaga had 14 representatives; the Cayuga, 10; the Mohawk and Oneida, nine; and the Seneca, eight. All council decisions were unanimous. Onondaga as the fire-keepers (chairman) and the Mohawks as the founders of the league , had the special duty and right of preventing a decision from passing if it was harmful to the people. The two head Seneca chiefs were stationed at the door of the council room, to prevent any unwanted motion from proceeding. Iroquois women held other powers in their communities. All member nations were matriarchal. All goods, titles, and rights followed the female line of descent. The elder women were the heads of the families. The women had orators representing them at council meetings, or they spoke directly through a chief. In times of war, women were peace makes by right and duty. A distinction existed between Iroquois leaders in times of peace and during wars. A sachem could not participate in a battle in his official capacity. Constitution specified that each sachem have a war chief and a runner to bring tidings; in war, the sachem was to step down and be replaced by the war chief until hostilities ended. The war chief acted as an advisor to his sachem in peace, his words carry considerable weight. The lesser chiefs, or captains as they were occasionally called, existed in Iroquois villages. These chiefs were intermediaries between the sachems and their people, and grew in influence. Men were awarded these positions according to merit, family rank being of no consequence. A warrior who assisted the chiefs capably, and who was trustworthy and honest, was appointed chief by the others. The lesser chieftainships were not hereditary. The chiefs were governed by requests to their people, rather than with orders; it appears that they possessed no powers of force other than public sentiment and tradition. Leaders were careful to ask nothing that might likely meet with refusal. Their decisions were, on the whole, willingly carried out; creating an orderly, but liberal society. They developed a unique system of government that combined hereditary and elective elements. Principle chiefs were chosen by the women, who weren't eligible to become chiefs themselves. They were likely to select leaders with no other consideration but the good of the nation. The moral fibre of the Iroquois community was guarded by "keepers of the faith", widely respected men and women selected from the populace. On election as a keeper of the faith, a citizen was duty-bound to accept and adopt a new name. The office could be relinquished. They reported evil deeds of individuals to the council, to make them an example by exposure. They sometimes held consultations to deliberate upon the moral condition of the people. Both the Iroquois and Micmac cultures honored presents as a form of reconciliation. They both saw murder as terrible. Although punishment and reconciliation were the same, Micmac distinguished between murder, manslaughter, and accidental death. War was different between the cultures. If someone of the Micmac were killed in war, the opposing could bring presents, be killed, or sometimes, adopted by the victims family. If someone of the Iroquois was killed by an opposing tribe, it would start a war. This death could also be reconciled by the gift of presents, or punishable by death or adoption by the clan mother. In the Micmac society, trespassing was a serious offence and punishable by reconciliation by the wronged. The Iroquois had no such thing as trespassing. Everyone owned everything. Only spiritual articles were personally owned. If these items were stolen, the punishment was ridicule or anger. New Year's Eve was the only time theft was permitted. Both cultures took in and cared for the poor and unfortunate. Both cultures also killed their old and ill but for reasons. Iroquois did because of burden, and Micmac did it to relieve pain and suffering. In Micmac society, marriages were preformed in the summer and courtship was strict. The Iroquois could marry at anytime. Polygamy was okay in Micmac society and was not in Iroquois society. Adultery was rare in the Iroquois society and punishable by whipping or mutilization. In Micmac--marriage of an uncle, cousin, siblings and nieces and nephews, was forbidden. In the Iroquois society, marriage to anyone within the clan was forbidden. In Iroquois society, witchcraft was the most serious offence. If the person could not be reformed, they were put to death. Treason was just as bad and punishable the same as witchcraft. The clan mother can remove a chief for violating sacred trust of his people and committed a crime. Small offenses were punishable by ostracism. Iroquois also believed offenses brought evil, such as drought, famine, or other scourge upon entire community. The planting festival was used for all to confess any transgressions that could have angered the Great Spirit. Although there are many similarities between both the Micmac and the Iroquois, there are some differences that make them separate communities. The government and laws are only a small part of what unites these communities as Aboriginals, but separates them as communities. The Micmac V.S. The Iroquois Although the Micmac and the Iroquois Confederacy are both Aboriginal groups, they have many differences as well as similarities. One area of such, is their traditional justice systems. Their governments and laws are in some ways similar, but in many ways different. The Micmac reside in what is now Nova Scotia, eastern New Brunswick, Prince Edward Island, and southern Gaspe. The territory was subdivided in to seven districts. Each of these districts contained family groupings in small settlements based on hunting and fishing. Those from P.E.I. held more territory in common than any other Micmac district. Their land was allotted by family. The Iroquois were a agricultural people. They lived in permanent villages in a domain now called southern Ontario, southern Quebec, and northeastern United States. Indian Nations living here formed a formal and lasting confederacy by 1450. Their members were called 'Ho-De-No-Sau-Nee'. The league was called 'Kanonsionni', meaning EXTENDED HOUSE. The first five nations to join the confederacy were Mohawk, Oneida, Onondaga, Cayuga, and Seneca. Tuscaroras migrated from Carolina and joined the confederacy in 1722. The Iroquois are bound in a treaty of friendship with the Ojibway to the North. The Micmac government was three-tiered, with local, district, and national chiefs, or 'Sagamores'. Each settlement's council of elders chose a local chief. The chief was the focus of power in the settlement. The local chief attained position through both hereditary right and meritorious behavior. The oldest son of a dead chief was usually given first consideration as a successor. If he was found unfit for office, despite special training, others in family and/or others in the community were considered. These chiefs usually had two assistants or captains. These were called second and third watchers. They would assume command from a sick or incompetent chief. The local chiefs would convene in a district council and select one of their numbers to preside over their meetings and represent the regions' interests. Councils usually met in the spring or fall, and all decisions were based on unanimity. District Sagamores made up the governing body of the Micmac nation. One district chief would act as Grand Chief. All three of these types of chieftainship followed bloodlines as a natural course of leadership ascendency. The people expected their chief to be a man of intelligence, knowledge, dignity, courage, generosity, an able hunter, and fearless warrior. Leaders ruled through impeccable example, not force. The Iroquois confederacy was formalized by a constitution, recorded on wampum belts to preserve the understanding for all generations to follow. Each nation retained its own council and managed its own local affairs. General control was to be lodged in a federal senate, composed of representatives elected by each nation, holding office during good behavior, and acknowledged as ruling chiefs throughout the whole confederacy. Every nation was further subdivided into clans. Each clan discussed a matter to be brought before the federal council, followed by unanimous agreement between clans. The head chief would then announce the vote of his nation in the league council. In the Iroquois society, fifty "sachem ships" were created, these men represented their nation's interests on the general council, while continuing to exercise leadership at the local level. Together they formed the executive, legislative, and judicial authority of the league. Although each nation possessed unique responsibility in the confederacy, no sachem had greater rights than another. Onondaga had 14 representatives; the Cayuga, 10; the Mohawk and Oneida, nine; and the Seneca, eight. All council decisions were unanimous. Onondaga as the fire-keepers (chairman) and the Mohawks as the founders of the league , had the special duty and right of preventing a decision from passing if it was harmful to the people. The two head Seneca chiefs were stationed at the door of the council room, to prevent any unwanted motion from proceeding. Iroquois women held other powers in their communities. All member nations were matriarchal. All goods, titles, and rights followed the female line of descent. The elder women were the heads of the families. The women had orators representing them at council meetings, or they spoke directly through a chief. In times of war, women were peace makes by right and duty. A distinction existed between Iroquois leaders in times of peace and during wars. A sachem could not participate in a battle in his official capacity. Constitution specified that each sachem have a war chief and a runner to bring tidings; in war, the sachem was to step down and be replaced by the war chief until hostilities ended. The war chief acted as an advisor to his sachem in peace, his words carry considerable weight. The lesser chiefs, or captains as they were occasionally called, existed in Iroquois villages. These chiefs were intermediaries between the sachems and their people, and grew in influence. Men were awarded these positions according to merit, family rank being of no consequence. A warrior who assisted the chiefs capably, and who was trustworthy and honest, was appointed chief by the others. The lesser chieftainships were not hereditary. The chiefs were governed by requests to their people, rather than with orders; it appears that they possessed no powers of force other than public sentiment and tradition. Leaders were careful to ask nothing that might likely meet with refusal. Their decisions were, on the whole, willingly carried out; creating an orderly, but liberal society. They developed a unique system of government that combined hereditary and elective elements. Principle chiefs were chosen by the women, who weren't eligible to become chiefs themselves. They were likely to select leaders with no other consideration but the good of the nation. The moral fibre of the Iroquois community was guarded by "keepers of the faith", widely respected men and women selected from the populace. On election as a keeper of the faith, a citizen was duty-bound to accept and adopt a new name. The office could be relinquished. They reported evil deeds of individuals to the council, to make them an example by exposure. They sometimes held consultations to deliberate upon the moral condition of the people. Both the Iroquois and Micmac cultures honored presents as a form of reconciliation. They both saw murder as terrible. Although punishment and reconciliation were the same, Micmac distinguished between murder, manslaughter, and accidental death. War was different between the cultures. If someone of the Micmac were killed in war, the opposing could bring presents, be killed, or sometimes, adopted by the victims family. If someone of the Iroquois was killed by an opposing tribe, it would start a war. This death could also be reconciled by the gift of presents, or punishable by death or adoption by the clan mother. In the Micmac society, trespassing was a serious offence and punishable by reconciliation by the wronged. The Iroquois had no such thing as trespassing. Everyone owned everything. Only spiritual articles were personally owned. If these items were stolen, the punishment was ridicule or anger. New Year's Eve was the only time theft was permitted. Both cultures took in and cared for the poor and unfortunate. Both cultures also killed their old and ill but for reasons. Iroquois did because of burden, and Micmac did it to relieve pain and suffering. In Micmac society, marriages were preformed in the summer and courtship was strict. The Iroquois could marry at anytime. Polygamy was okay in Micmac society and was not in Iroquois society. Adultery was rare in the Iroquois society and punishable by whipping or mutilization. In Micmac--marriage of an uncle, cousin, siblings and nieces and nephews, was forbidden. In the Iroquois society, marriage to anyone within the clan was forbidden. In Iroquois society, witchcraft was the most serious offence. If the person could not be reformed, they were put to death. Treason was just as bad and punishable the same as witchcraft. The clan mother can remove a chief for violating sacred trust of his people and committed a crime. Small offenses were punishable by ostracism. Iroquois also believed offenses brought evil, such as drought, famine, or other scourge upon entire community. The planting festival was used for all to confess any transgressions that could have angered the Great Spirit. Although there are many similarities between both the Micmac and the Iroquois, there are some differences that make them separate communities. The government and laws are only a small part of what unites these communities as Aboriginals, but separates them as communities. The Micmac V.S. The Iroquois Although the Micmac and the Iroquois Confederacy are both Aboriginal groups, they have many differences as well as similarities. One area of such, is their traditional justice systems. Their governments and laws are in some ways similar, but in many ways different. The Micmac reside in what is now Nova Scotia, eastern New Brunswick, Prince Edward Island, and southern Gaspe. The territory was subdivided in to seven districts. Each of these districts contained family groupings in small settlements based on hunting and fishing. Those from P.E.I. held more territory in common than any other Micmac district. Their land was allotted by family. The Iroquois were a agricultural people. They lived in permanent villages in a domain now called southern Ontario, southern Quebec, and northeastern United States. Indian Nations living here formed a formal and lasting confederacy by 1450. Their members were called 'Ho-De-No-Sau-Nee'. The league was called 'Kanonsionni', meaning EXTENDED HOUSE. The first five nations to join the confederacy were Mohawk, Oneida, Onondaga, Cayuga, and Seneca. Tuscaroras migrated from Carolina and joined the confederacy in 1722. The Iroquois are bound in a treaty of friendship with the Ojibway to the North. The Micmac government was three-tiered, with local, district, and national chiefs, or 'Sagamores'. Each settlement's council of elders chose a local chief. The chief was the focus of power in the settlement. The local chief attained position through both hereditary right and meritorious behavior. The oldest son of a dead chief was usually given first consideration as a successor. If he was found unfit for office, despite special training, others in family and/or others in the community were considered. These chiefs usually had two assistants or captains. These were called second and third watchers. They would assume command from a sick or incompetent chief. The local chiefs would convene in a district council and select one of their numbers to preside over their meetings and represent the regions' interests. Councils usually met in the spring or fall, and all decisions were based on unanimity. District Sagamores made up the governing body of the Micmac nation. One district chief would act as Grand Chief. All three of these types of chieftainship followed bloodlines as a natural course of leadership ascendency. The people expected their chief to be a man of intelligence, knowledge, dignity, courage, generosity, an able hunter, and fearless warrior. Leaders ruled through impeccable example, not force. The Iroquois confederacy was formalized by a constitution, recorded on wampum belts to preserve the understanding for all generations to follow. Each nation retained its own council and managed its own local affairs. General control was to be lodged in a federal senate, composed of representatives elected by each nation, holding office during good behavior, and acknowledged as ruling chiefs throughout the whole confederacy. Every nation was further subdivided into clans. Each clan discussed a matter to be brought before the federal council, followed by unanimous agreement between clans. The head chief would then announce the vote of his nation in the league council. In the Iroquois society, fifty "sachem ships" were created, these men represented their nation's interests on the general council, while continuing to exercise leadership at the local level. Together they formed the executive, legislative, and judicial authority of the league. Although each nation possessed unique responsibility in the confederacy, no sachem had greater rights than another. Onondaga had 14 representatives; the Cayuga, 10; the Mohawk and Oneida, nine; and the Seneca, eight. All council decisions were unanimous. Onondaga as the fire-keepers (chairman) and the Mohawks as the founders of the league , had the special duty and right of preventing a decision from passing if it was harmful to the people. The two head Seneca chiefs were stationed at the door of the council room, to prevent any unwanted motion from proceeding. Iroquois women held other powers in their communities. All member nations were matriarchal. All goods, titles, and rights followed the female line of descent. The elder women were the heads of the families. The women had orators representing them at council meetings, or they spoke directly through a chief. In times of war, women were peace makes by right and duty. A distinction existed between Iroquois leaders in times of peace and during wars. A sachem could not participate in a battle in his official capacity. Constitution specified that each sachem have a war chief and a runner to bring tidings; in war, the sachem was to step down and be replaced by the war chief until hostilities ended. The war chief acted as an advisor to his sachem in peace, his words carry considerable weight. The lesser chiefs, or captains as they were occasionally called, existed in Iroquois villages. These chiefs were intermediaries between the sachems and their people, and grew in influence. Men were awarded these positions according to merit, family rank being of no consequence. A warrior who assisted the chiefs capably, and who was trustworthy and honest, was appointed chief by the others. The lesser chieftainships were not hereditary. The chiefs were governed by requests to their people, rather than with orders; it appears that they possessed no powers of force other than public sentiment and tradition. Leaders were careful to ask nothing that might likely meet with refusal. Their decisions were, on the whole, willingly carried out; creating an orderly, but liberal society. They developed a unique system of government that combined hereditary and elective elements. Principle chiefs were chosen by the women, who weren't eligible to become chiefs themselves. They were likely to select leaders with no other consideration but the good of the nation. The moral fibre of the Iroquois community was guarded by "keepers of the faith", widely respected men and women selected from the populace. On election as a keeper of the faith, a citizen was duty-bound to accept and adopt a new name. The office could be relinquished. They reported evil deeds of individuals to the council, to make them an example by exposure. They sometimes held consultations to deliberate upon the moral condition of the people. Both the Iroquois and Micmac cultures honored presents as a form of reconciliation. They both saw murder as terrible. Although punishment and reconciliation were the same, Micmac distinguished between murder, manslaughter, and accidental death. War was different between the cultures. If someone of the Micmac were killed in war, the opposing could bring presents, be killed, or sometimes, adopted by the victims family. If someone of the Iroquois was killed by an opposing tribe, it would start a war. This death could also be reconciled by the gift of presents, or punishable by death or adoption by the clan mother. In the Micmac society, trespassing was a serious offence and punishable by reconciliation by the wronged. The Iroquois had no such thing as trespassing. Everyone owned everything. Only spiritual articles were personally owned. If these items were stolen, the punishment was ridicule or anger. New Year's Eve was the only time theft was permitted. Both cultures took in and cared for the poor and unfortunate. Both cultures also killed their old and ill but for reasons. Iroquois did because of burden, and Micmac did it to relieve pain and suffering. In Micmac society, marriages were preformed in the summer and courtship was strict. The Iroquois could marry at anytime. Polygamy was okay in Micmac society and was not in Iroquois society. Adultery was rare in the Iroquois society and punishable by whipping or mutilization. In Micmac--marriage of an uncle, cousin, siblings and nieces and nephews, was forbidden. In the Iroquois society, marriage to anyone within the clan was forbidden. In Iroquois society, witchcraft was the most serious offence. If the person could not be reformed, they were put to death. Treason was just as bad and punishable the same as witchcraft. The clan mother can remove a chief for violating sacred trust of his people and committed a crime. Small offenses were punishable by ostracism. Iroquois also believed offenses brought evil, such as drought, famine, or other scourge upon entire community. The planting festival was used for all to confess any transgressions that could have angered the Great Spirit. Although there are many similarities between both the Micmac and the Iroquois, there are some differences that make them separate communities. The government and laws are only a small part of what unites these communities as Aboriginals, but separates them as communities. f:\12000 essays\law & government (233)\The Mists of Avalon.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Kate Wrigley period 3 The Women Behind King Arthur The Mists of Avalon, by Marion Zimmer Bradley, is not only an example of a Medieval Romance, but also tells the story of the women who stood behind King Arthur during his infamous reign in the Middle Ages. This novel explains the reasoning and decisions that Arthur made in the womenąs perspective. The Mists of Avalon is a twist on the Arthurian tales as told by the four women instrumental to the story: Gwenhwyfar, his wife; Igraine, his mother; Viviane, the Lady of the Lake, High Priestess of Avalon; and his sister and lover, heiress to Avalon, Morgaine. The story is told by each, as they saw it happen. The struggle between Christianity and the religion of Avalon is a central part of the story, and Arthur's loyalty to and betrayal of Avalon another part. In this novel, the legend of King Arthur is for the first time told through the lives, the visions, and the perceptions of the women central to it. The Arthurian world of Avalon and Camelot with all its passions and adventures is revealed as it might have been experienced by its heroines: by Queen Gwenhwyfar, Arthur's wife; by Igraine, his mother; by Viviane, the majestic Lady of the Lake, High Priestess of Avalon; and, most important, by Arthur's sister, Morgaine, who has come down to us as Morgaine of the Fairies, a sorceress who, in this epic retelling of the story, plays a crucial role both in Arthur's crowning and destruction. Above all it is a story of profound conflict between Christianity and the old religion of Avalon. The term łMedieval Romance˛ does not necessarily mean that the piece using it contains any sort of łromance.˛ Most Medieval Romance pieces told the tales differently from those of the realistic novel. In other words, the plots, like those of the romance, (1) divide into sharply separate episodes that often do not seem joined in in any obvious causal fashion and (2) generally take the form of tests that they must pass to attain some goal. Frequently, (3) the generally male protagonist fails tests, which often involve acts of moral and spiritual perception, until such point that he finally follows advice. Also, the pieces stress honor and courage, but use much emphasis on the characters rather than the over-all plot. Instead of concentrating on the women and the łpeasant folk,˛ or poor people, the piece concentrates on the łgallant˛ knights or the kings and their courts. They also do not span over the entire life of a certain individual. This book contains the certain traits that a Medieval Romance contains. It has a heroine, in this case the female , Morgaine. It also contains the supernatural powers that were believed in during the Middle Ages. Also it has activity and adventure that the knights of the round table take part in. Though it is written in an entirely differently fashion than most Medieval Romances, I would consider it an example because over-all, it contains most of the important traits that those types of pieces contain. Even though,The Mists of Avalon also contradicts many of these typical traits that are commanly used/defined as writings of the Arthurian legends. The Mists of Avalon, as stated before, tells the story of the women behind Arthurąs throne, but in a different way. In this novel, the women have the strength and power to control their men, and unlike any other Arthurian legend/story, they are also the heroes. However, this novel does contain quests and the same heroes as most of the Medieval Romance stories, but the women are portrayed as the heroes over the strong and brave knights that actually did control High Britain in that era. The four women that tell most of the story, Morgaine, Igraine, Viviane, and Gwenhwyfar, feel that they are the reason why the men, who were greatly honored back then, had positions in society as high as they did. Most Medieval Romance novels only tell the story of certain individuals (males) and their great accomplishments either in battle or on a great quest. They do not follow a story over the years of many characters lives. They do not even follow the typical łplot˛ where there is an introduction, a rising action, a climax, a falling action, and a resolution. This novel does, as it introduces all the main characters where were supposably alive during the Arthur reign. In the beginning we meet not only the women who tell the story, but also the important knights that we learn of today. We learn of the love and jealousy that Morgaine and Gwenhwyfar feel towards each other, each having something the other wants. We also discover that, as a climax, Arthur will have no children by Gwenhwyfar and Avalon will lose its trust in Arthur and will begin to go against him so that his strength as a great king will not be as strong. In the end, we learn how Arthur pays for his sins of incest in the Christian world, but also how the people of Avalon defeat him and make him aware of his broken promise to remain to true to Avalon. Arthur, who was born later in the first or four books in The Mists of Avalon, grows up to be High King of Britain after his father, Uther Pendragon, dies. In this Era, there were two religions that the people studied. One was under the Christian vows, or the one God, that we know today. The other was under the Goddess, who the people in the mysterical world of Avalon believed was responsible for man and all of its creations. In the Christian beliefs, the women were believed to be the ultimate sinners for first deceiving and disobeying the Lordąs world. Under this belief, they were always made to feel as though they had sinned, while the men could do no wrong. In the beliefs of Avalon, the Goddess was not male as God was believed to be, and the followers of the Goddess believed that the women were good and should be the leaders of the lands. In the Christian beliefs there were łpriests,˛ and in the Avalon beliefs, there were łpriestesses.˛ The males were, obviously, the priests, as the females were priestesses. Even though the believers in Avalon thought well of the Christians, the Christians despised the people from Avalon and thought of them as evil. Viviane, the High Priestess of Avalon (can be compared to the Bishop, who is male), also Arthurąs grandmother, thought the reason Arthur came to be king was because of the people of Avalon. She believes that the reason he has lived through as many battles as he has, and because he remains king was because of the magic of Avalon. the Christians, however, feel that it was by the faith of God that Arthur has reigned so long with only minor injuries in his battles. Viviane, as well as Morgaine when she becomes a priestess, think that it was because of the women that Arthur remained so strong. In typical Arthurian legends, only the Christian male beliefs were talked about, because the women were not important. In the old Avalon ways, the heir of the throne was given to the sisterąs first born son. In the Christian ways, the rights were given to the fatherąs first born son. Once again, in the old Arthurian legends, the ways of Avalon were not mentioned simply because the women were not the heroes, nor did they play a major part in the legends. In The Mists of Avalon, Morgaine was brought up as a believer in the Goddess, and her virginity was given to a young man in a sacrifice called the łGreat Marriage.˛ Morgaineąs great marriage was with a young man whom she thought she had known, but was not sure. When they were łdone,˛ the young man recognized her as his sister whom he had not seen in many years. Morgaineąs virginity was given in sacrifice to her younger brother Arthur. After she realized what she had done, not by her choice, she fled from Avalon. Unbeknownst to her the reason why Viviane had arranged this with her, Morgaine fled to the custody of her older sister Morgause. She was pregnant with Arthurąs child, a child that she did not want. Viviane had purposely done this to Morgaine so that the old ways of Avalon could be protected, so that the sisterąs first born son would be king. Morgaine was not aware of this. She had the child, and then she left it to grow up in Morgauseąs kingdom to be fostered as one of Morgauseąs own children. As time grew on, the boy, Gwydion, grew strong and eventually became one of Arthurąs nights, but no one knew of Arthurąs only son except for Viviane, Morgaine, and Morgause. Morgaine wanted to keep it this way, lest the court finds out of the incest, not thought of as incest in Avalon, but thought of incest in the Christian beliefs. So, Arthur reigned as king with no sons as Gwenhwyfar was barren. Gwenhwyfar meanwhile, thought that the reason she could not have children was because of a mysterious sin of Arthurąs or hers. Arthur just thought that maybe he could not łplant the seed˛ properly. Even though Gwenhwyfar tried, she could not bare a child to Arthur. She did not even love Arthur, but she cared for him greatly. Instead her love was for Sir Lancelet, a famous night we know of today even. Arthur knew of this love, and therefore allowed Gwenhwyfar to pursue it only because he wanted a son that he could call his own. In the falling action, Arthur learns of his son, and he also pays for his sinning by doing Christian penance, further betraying Avalon. After this, Morgaine must decide how to either make Arthur realize what he has done, or overthrow him. f:\12000 essays\law & government (233)\The Paradox of Community.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "One can see that insiders are caught in the paradox of community: The same cultural vocabulary that undermines community is simultaneously that community's idiom of self-affirmation" (Greenhouse, et al. 175). In Law and Community, David M. Engel explores how ordinary people in a small, rural, Illinois town perceive the law, courts, litigants, and community. By analyzing the legal practices and relations in Sander County, it is evident that law and the courts play a central role in the processes of making and unmaking communities. Furthermore, this study illustrates how such manifestations, reflections of the "insider's" ideology, fail to live up to the promises for "law" in our society. In the 1970s, Sander County was undergoing great social and economic changes. Agriculture, a central part of life for most residents, became more mechanized and a few large manufacturing plants opened, bringing in "quite a number of a certain element" Sander County had "never had before" (29). Long-time residents, worried about change, express what they believe to be "the new role of laws and the courts in the local and national society" (1). Though personal injury litigation rates are lower in Sander County than other major types of litigation, a norm of aversion towards this legal discourse is evident throughout the majority of the community. Those who enforce personal injury claims are viewed by fellow residents as greedy, selfish, and "quick to sue." Litigation is portrayed as weakening the collective values personified in the law as a means of turning the law against the community to make an "easy buck" (144). Even highly respected members of the community are criticized for making personal injury claims. For example, a minister filed a suit after slipping and falling at a school. A local observer commented by saying there are "a lot of people who are resentful for it, because...he chose to sue" (28). The long-time residents of Sander County were experiencing a prevalent sense of a collapse in the conventional dependencies and exchanges that had typified life in Sander County. Understandings of personal injury claims are largely shaped by these societal transformations as the local populace encounters them and also by the notion that traditional relationships in the community were progressively falling apart (30). These changes threaten Sander County's sense of community. This manifests in the frequent condemnation of personal injury claims. Sander County values an individualism that emphasizes self-sufficiency and personal responsibility rather than a rights-oriented individualism. To be a part of the community, an insider must embrace the reality that one's concerns are "not entirely one's own," that one's wants are linked to the wants of others (123). Pursuing a claim against someone else because of a personal injury is "an attempt to escape responsibility for one's own actions" (33). The wide-spread notion here is that the victims probably could have prevented the injury if they were more careful. This strong sense of self-reliance also stems from their perceptions of money. The people of Sander County, many of them farmers, work long and hard hours for their money. Dramatizing one's ill fortunes is not a legitimate means of acquiring it. As a rather close-knit community, the residents are well acquainted with each other and interact frequently if not on a daily basis. Pursuing a personal injury claim is not only atypical but rather awkward for the plaintiff since it is highly probable that he or she knows the defendant. This community pressure keeps the majority of the people from pursuing litigation for personal injuries. For example, a woman who lost her child in a car accident, influenced by community pressure, failed to file a claim. Instead, she settled for $12,000 (35). Wronged individuals usually react to injuries without litigation. They do so either because they do not regard the issue as a contention with another person or because association in an insular society hinders them from maintaining an assertion that is socially unacceptable. Even the lawyers of Sander County, whose professional role is to assert claims on behalf of plaintiffs, share the indigenous partiality to criticize those who advance personal injury claims. "A lot of people are more conducive to settlement here," says a local attorney, "because they are attempting to be fair as opposed to making a fast buck" (38). Of the small handful of personal injury cases that make it all the way to Sander County Court, most have a common trait: The participants are divided by either a geographic or cultural stretch that cannot be spanned by any means bereft of litigation (40). If retort embracing the assertion of rights transpires at all, it is ordinarily proposed by "outsiders," those who otherwise lack an acknowledged place in the status power structure of Sander County (44). The Court is able to overcome distances between parties to personal injury cases and to advance social intercourse. However, it accomplishes this by the persuasion of pressure, and its results have a tendency to provoke conflict rather than amend it (46). The progressive break down of the familiar social values and the advent of a "plurality of cultures" in Sander County creates a "confusion of norms" and of tools for resolving disputes. The outsiders represent and materialize a social and cultural diversity that Sander County has never known. Their very presence is a threat to the earlier system of standards produced by intimate alliances inside the community (47). In Sander County, there is a strong distinction between the inappropriate use of law for personal ends and the appropriate litigation for the preservation of public harmony (143). This ambivalence of law in practice is apparent in Sander County's approval of claims based on breeches of contract. Long-time Sander County residents regard their society as one that is historically grounded in mutual reliance among fellow inhabitants. In a region that is still chiefly agricultural but where industrialization is swiftly changing the type of dependencies representative of yesterday's farming communities (143), trust in a person's word, "including promises to pay for goods and services," is fundamental to the sustenance of this way of life. The law is seen as encoding these values and many creditors take their grievances to Sander County Court. Of these cases, many of the plaintiffs litigate solely to express their strong feelings towards debt and accountability. One businessman lamented, "...it wasn't the money...but because of the principle of it that I would definitely go to whatever means necessary...to get it collected" (50). Contract litigation contrasts from tort litigation in that it is perceived as inciting a central value of the established culture of Sander County (50). This value prescribes that covenants should be kept and those who break them should be held accountable. Opposition in the marketplace is for insiders a justified manifestation of individualism (4). Consequently, litigation is relevant in community terms when it is agreeable with the norms of local trade. Litigiousness, or lack thereof, is an important signifier of distinctive classifications of appropriate and inappropriate court use. These classifications are "a part of the cultural fabric of the community itself" (120). The dubious disposition of the law as representative of core values and concurrently as indicator of difference in Sander County makes the courthouse an effectual place of endeavor for "those who would transform community" (147). The court is a chief symbol of community and "the epitome of local identity" (141). Nothwithstanding, it is an ambiguous symbol. On the one hand, it exemplifies local autonomy and conservatism. On the other, it signifies "the reach of the state into the fabric of local society" (1). The insiders simultaneously condemn and celebrate forms of individualism that are seen as destructive of community yet are also essential for its existence. Sander County is an example of the "American myth of a fundamentally egalitarian ethic of community responsibility," and ideology where getting along is commended, but only the tough and self-reliant can get along (151). This democratic notion of community paradoxically suggests a hierarchy of those who are important (insiders) and those who are not (outsiders). Community is seen as a "matter of choice" (17). However, only certain people have the ability to make this choice. "...One can see that insiders are caught in the paradox of community" (175). The analyses of the legal practices and relations in Sander County illustrate how such manifestations fail to live up to the promises for 'law' in our society. Law in practice should match our expectations of promoting trust and community. These expectations are met through good legal reasoning. Though a judge can never reach a "correct" decision, he gains the trust of the community when he satisfies the audience that he speaks for the public as a whole. The Sander County Court does not speak for Sander County as a whole; it speaks for the insiders. Outsiders in Sander County live under the same rules as the insiders and they share common expectations of the legal process. By reaffirming the insider's myth of community, the legal system is in no way contributing to the creation of community in Sander County. It is, in fact, perpetuating the instability of society by employing its partial and arbitrary judgments. The outsiders do not feel that the legal system is part of their community and the insiders still perceive the outsiders as a threat to their way of life. The residents of Sander County are entitled to the same rights, regardless of any ethnographic association. It is the duty of the legal system to manifest these entitlements and to promote an ideology that extols the assertions and actualization of these rights. The court fails to act impartially when it supports the criticism of certain legal discourses, mainly personal injury claims. Sander County views the court as a symbol of 'law': the legal system's powerful assent of such inequalities gives justification to the values of the insiders. Where is the legal reasoning in the legal system of Sander County? Unfortunately, it is rendered virtually unrecognizable. Without impartial reasoning of the facts about the case, the rules relevant to the case, social background facts, and the moral values of society, Sander County will lack trust in the legal process and community (Carter 11). The irony lies in the fact that the power of the insiders as a whole disempowers the individual, whether the individual is an insider or an outsider. Every member of Sander County is rather powerless before the law; the efforts to keep the town safe from change paradoxically caused a lack of trust in the legal process. This lack of trust contributes to the chaos of community that already existed in Sander County. "Law is a language by which we constantly reconstruct our communities" (Carter viii). Instead of constructing community through just legal discourse, Sander County destructed what it had left of a community in a desperate act of warding of that which it did not understand (or did not want to understand). Law in practice, in Sander County, does not produce justice; it produces inequality. This prevalent inequality, or difference, is a "justification of litigation by 'insiders' in defense of their community" (Greenhouse, et al. 175). They fail to see that their myth of community is challenging "community." Disempowerment and inequality will not generate trust. Furthermore, of what use, or longevity, is a community without trust? f:\12000 essays\law & government (233)\The police exception and the domestic abuse law.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Position Paper on The Police Exception and the Domestic Abuse Law Beating a spouse is wrong. Fighting is wrong. Domestic Abuse is wrong. This is a very simple concept and lawmakers, police officers, and citizens of our country for years have been in majority agreeance with these concepts. One of the punishments our government has come up with for convicted domestic abusers is revoking the privilege to carry weapons in public. This prevents convicted abusive citizens from having the ability to tote a potentially murderous weapon around, at any time ready to be assistance to their destructive and unstable personalities' wishes. Police amendended. Officers have recently been added to the list of people who are not allowed to carry guns in public if they have been convicted of Domestic Abuse. Some precincts are outraged, however this seems to be the proper law and should stay as it is Law officers are human, and just like everyone else, they make mistakes. An up-and-coming officer could get in a skirmish at the local bar and be charged with Domestic Abuse. This same officer could become one of the most effective law enforcers in the country. With this law, this officer would not be allowed to continue his services for his county and his fellow police officers. Many people feel that this officer is being done a great injustice and should be allowed to continue his otherwise flawless career as an officer of the law. Interesting. One simple conviction could ruin the lives of every cop in the country. Hard working, one-time offensive policemen and women would be barred from police work forever. Many people think that this is entirely too harsh for a poke in the chest or a slap to the face of a spouse. Many people think that the law was produced in haste and that the solution is simple-make the judgement of each officer's career jurisdictional and personalize each case. Interesting. Finally, some people believe that by swiping the badge of a convicted Domestic Abuser the government is causing two totally new problems. The first problem caused by the new law is the decline in officers on the street and the resultant increase in criminal behavior. The second problem is the fact that the policeman or woman that is dismissed is probably expecting that income to support a family. Interesting. Criminal behavior is wrong. Proponents of reinstating the convicted police officers and abolishing the amendment have not fully considered the circumstances that provoke such measures. The law does not apply to those people whom have been charged with Domestic violence. The law applies to those officers (and citizens) that have been convicted of the crime. This means that the action had to be so serious that someone pursued a lawsuit against the alleged criminal and a servant of the public's best interest had to see that the action was worthy of punishment. A "poke in the chest" at the local bar with very unlikely draw a conviction of Domestic Abuse. If the action was serious enough to be brought to court, someone was very effected by the actions of the future protector of the peace. If a judge found the person guilty of a crime, and the same mind that produced the rage to commit the crime still exists, it's hard to put faith it the ability of that criminal to protect citizens from bad guys. Spouses who are victims of Domestic Violence probably experience one of two different types of abuse. The first, and extremely rare, is the isolated incident where the abuse only occurs once. The second type is the repetitive and continual occurrences. In the first type, it is probably minor and certainly not worthy of someone potentially losing their job years down the road. However, there is extremely little likelihood that the spouse of the abuser will prosecute the abuser and have them convicted. With the more frequent type of abuse, the spouse is much more likely to attempt to prosecute the offender and have them punished. So if the police officer was convicted of spousal abuse in the past, the incident was probably not isolated no minor. We should not be so sympathetic toward criminals. A convicted criminal has no right to be enraged because his job was taken away. If these police officers are our leaders in upholding justice and moral actions, they must certainly have the demonstrative characteristics necessary to set examples. It is almost hypocrisy to have someone make on-the-scene judgments as to whether or not a person will be spending the night in jail for a domestic crime if the judge himself has done the same crime. f:\12000 essays\law & government (233)\The positive and negative effects of dna profiling.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ THE POSITIVE AND NEGATIVE EFFECTS OF DNA PROFILING Justin Broyles Apr. 12, 1995 Justice Theory Lance Miller Genetic engineering has developed and blossomed at a frightening rate in the last decade. Originating as merely an area of interest for scientists, genetic engineering has now become an area of which all people should be somewhat knowledgeable. DNA profiling has many uses, both positive and negative, in our society. Aside from its usefulness in many legal investigations, DNA profiling can be used in the workplace to discriminate against employees whose profiles could pose a financial risk. For example, genetic technology can and has been used to determine the capacity of a person to contract certain diseases, such as sickle-cell anemia, which could cause many employers to hesitate in the hiring and training of such people. In the early 1970's, the United States began a carrier screening for sickle-cell anemia, which affects 1 in 400 African-Americans. Many of those identified as carriers mistakenly thought they were afflicted with this debilitating disease. Furthermore, confidentiality was often breached, and in some cases, carriers were discriminated against and denied health insurance. Nevertheless, genetic profiling has been beneficial in paternity suits and rape cases, where the father or the assailant could be identified. However, despite its growing number of utilizations, DNA profiling is extremely hazardous when results are inaccurate or used to discriminate. The frequency of genetic testing in criminal investigations (more than 1,000 in the U.S. since 1987) has been increasing dramatically despite the inconclusive testing by the scientific community in many aspects of forensic identification. A correlation between DNA patterns taken from a crime scene and taken from the suspect has often been enough to charge a person with the offense in spite of proof that some procedures for testing DNA are fallible by legal and scientific standards. The complexity of scientific evidence, especially DNA profiling, has also caused many problems within the legal profession. It is no longer enough for attorneys or members of the jury to merely be knowledgeable about the law. People need to familiarize themselves with today's scientific research rather than relying on the credentials of a scientific expert witness. Too often, jury members become in awe of the complicated, scientific terms used in court and take a scientist's testimony as fact. Lawyers need to increase their scientific knowledge and keep up with ongoing research in order to competently question and understand scientific evidence put forth. But these do not represent the only possible downfalls of DNA profiling in criminology. The involuntary seizure of one's blood or hair undermines the constitutional rights guaranteed to all citizens by the Fourth Amendment (protection from unreasonable searches and seizures). Nevertheless, many argue that a DNA sample taken from a suspect could lead to an indictment or release of the individual and, thus, warrants an exception from the Fourth Amendment. Besides, one could make a plausible argument that, once held in custody, the seizure of a person's strand of hair does not violate a suspect's Fourth Amendment rights or rights of privacy because the hair is visible. However, the use of DNA profiling does not end in criminal investigations. DNA testing has ventured out of the courtroom in an effort to show a genetic link between race and violent tendencies. If successful, this link will do nothing but justify prejudice attitudes toward minorities, particularly the black race. Furthermore, such biological approaches towards criminality do not take into account sociological factors, such as poverty, and would inevitably lead to the practice of controlling minority children with the use of therapeutic drugs or worse. For this and other reasons, courts of all levels must implement harsher scrutiny in the area of genetic profiling and its uses. There is also a current effort to create a national database of DNA, much like the existing database of fingerprints. Supposedly, the use of numerical codes will allow huge databases to search for a match of a individual DNA band. However, these matches are not 100 percent. This inconclusive correlation between DNA patterns has led to a heated debate which has culminated in federal court with Daubert vs. Merrel Dow Pharmaceuticals Inc. The ruling in the Daubert case said that the acceptance by the scientific community is not enough by itself to allow certain scientific techniques into court as evidence, especially given the reality that a suspects entire future could hang in the balance of a scientific finding. Many people have argued that the use of a national DNA database infringes on the individuals constitutional rights to privacy. However, law officials have claimed that the advantages this database presents for society supercede the individual's rights. This dilemma can easily be associated to the "social contract" presented by Thomas Hobbes. In this contract, Hobbes believed that each individual should give up certain individual rights in order to achieve protection from the whole. The forfeit of the right to privacy of one's DNA can thus be considered one of these forfeited rights. A person must weigh the advantages of having a past, present, or future criminal's DNA profile on database with the disadvantages of having one's own. But the disadvantages will outweigh the advantages when private institutions develop access to this database and use the information for discriminatory purposes. The impending usage of a national DNA database poses many possible risks of political and commercial abuse of such information, along with the danger this information falling into the hands of unfriendly parties, are unpredictable. Such unpredictability, certainly, is a violation of people's rights to privacy. For instance, if a private institution, such as a bank, an employer, or an insurance company, receives access to this information, it could influence decisions on loans, hiring practices, insurance rates, etc. Society, then, is faced with a conflict between an individual's right to privacy in one's genetic composition and the employer's or insurance company's interest in knowing about a person's health problems. This conflict will constitute the remainder of this paper. Over the next ten to fifteen years, scientists involved in the federal government's "human genome project" will try to identify in detail each of the human cell's estimated 100,000 genes. The knowledge derived from the project will enable physicians to detect an increasing number of diseases and predispositions for diseases. When Frank married at age 31, he decided to take out a life insurance policy. A swimmer and avid racquetball player with no previous hospitalizations, he felt cer- tain his low premiums would be a worthy investment for his family. Weeks later, after a routine physical exam, he was shocked by the insurance company's response. Sophisti- cated DNA testing had revealed in Frank's tissues a sin- gle missing copy of a so-called RB antioncogene and minor variations in two other genes. Computer analysis showed the molecular misprints more than tripled his risk of getting small-cell lung cancer by age 55. His application was rejected. With the newfound ability to reveal an individual's molecular secrets come significant new possibilities for discrimination. The medical records of people who apply for insurance are stored by the Medical Information Bureau, a data bank shared by a consortium of hundreds of insurers. Ethicists warn that genetic tests could tempt insurers to discriminate against the "healthy ill;" people who are not yet sick but who carry genetic traits predisposing them to future illness, such as in Frank's case. However, these people may not be denied health insurance totally. Rather, they may be guaranteed a basic level of treatment and rationed out of more costly procedures. For example, someone who carried the cystic fibrosis gene, even if asymptomatic, could be denied a lung transplant. The competitive nature of the industry may compel insurance companies to use genetic information, since the fundamental principle of the insurance business is "pooling uncertainty." The concept of adverse selection also causes insurers much dismay. Adverse selection refers to the probability that people privately aware of a medical problem are more likely to seek medical insurance. This negates the insurers policy of setting premiums with accordance to statistical information on the rates of illnesses and sicknesses in society. "The whole foundation of insurance is based on the fact that we and the insurance applicant are operating with equal levels of knowledge and ignorance." Without this level of ignorance, insurance companies will lose their social value as a means of spreading risk across groups of people. Genetic engineering with respect to insurance does not stop here. Further development could lead to a complete knowledge of who will develop a disease and when. This will drastically effect the practicality of life insurance policies. "I can see 20 or 30 years from now that life insurance policies will be essentially accident policies, because everything else will be foreseeable. The essence of insurance is you assess a risk against the unknown; if there's no medical unknown, the only unknown is whether you're going to get hit by a bus." Another striking danger of insurance companies discriminating with respect to a person's DNA profile is with infants. The companies may become extremely hesitant in insuring babies who have a high susceptibility to certain diseases. In fact there have been some cases where the insurers actually demanded the parents to abort the fetus or risk losing insurance. This obviously constitutes a blatant violation of people's rights. Plus, it dangerously causes the insurance companies to begin to play the role of God, that is, in deciding who should live and who should not. "By agreeing to pay for some infants and not for others, insurance companies could inadvertently practice a form of economic eugenics, based not on grand designs for a superrace but on who requires the least expensive medical care." Perhaps, some form of national health insurance is the only remedy for these problems. "Genetic testing may provide the best reason yet for a nationalized health-care policy." But insurance companies are not the only private entities with the potential to discriminate against people with unfavorable genetic profiles. Employers, too, have a substantial financial risk in hiring an employee with an above average propensity for illness or early death. Ellen spent four years completing her PhD in industrial and chemical engineering. Now, wincing as a company doctor drew a few drops of blood for her preemployment physical, she could hardly contain her excitement about the job she'd been offered at one of the country's fore- most metallurgical research institutes. Two days later the phone call came. You are perfectly healthy, the young doctor said. But tests have revealed you harbor a gene that can result in decreased levels of a blood enzyme, glucose-6-phosphate dehydrogenase. With- out the enzyme's protection, you have a slightly increased risk of developing a red blood cell disease if you come into contact with certain chemicals in our laboratory. I'm sorry, he said. The job has been offered to someone else. As Ellen's case shows, the danger of discrimination certainly does not end with health insurance. There is also a grave danger of discriminatory hiring practices in the workplace. In 1989, Jonathan Beckwith, a geneticist at Harvard, and Dr. Paul Billings, director of the division of genetic medicine at Pacific Presbyterian Hospital in San Francisco, completed a small-scale study of genetic discrimination. Of 55 responses, Billings and Beckwith could document 29 people who reported multiple instances of discrimination by adoption agencies, employers and insurers. And the percentages will only get worse as more and more companies implement genetic screening policies. In a survey of 400 U.S. firms conducted in 1990, 15 percent of companies responded that by the year 2000, they planned to check the health status of not only their prospective employees, but their dependents as well before making a job offer. These statistics show all too well the impending problem with genetic discrimination in the workplace. Employers will have a number of potential justifications for genetic testing in the workplace. In some cases, there may be an argument in favor of testing for public health reasons. Fortunately, judges and juries have predicted these justifications and have began to make the necessary rulings to ensure true justification for discrimination. The relevant judicial opinions indicate that there will have to be a significant or reasonable likelihood of harm to others from having the individual employed. Hopefully, rulings such as these will serve their purpose in protecting the right of all citizens. With the balance of interests laid out (individuals concerned about confidentiality and discrimination, and insurers and employers concerned about adverse selection and fiscal liability), it will fall upon legislators and the courts to define the proper use of genetic information. Policy makers will have to confront an apparent discrepancy between the reality of genetic variability and the democratic ideal that all citizens are "created equal." The information itself is not the problem. What matters is how the knowledge is used. Scientific advancements are not to blame. "What science does is give society opportunities. What we have to do is look at these opportunities and then set up the constraints and the rules that will allow society to benefit in appropriate ways." Without the proper constraints, the price of glimpsing one's medical future is high indeed. DNA profiling can be an extremely beneficial tool in the war against crime. However, when used for discriminatory purposes, this tool becomes a crime in itself. The ability to compare and contrast a person's genetic code with another should not be taken lightly, for with this great knowledge comes great responsibility. If not used wisely, this ability of the few... will develop into a disability for the many. ENDNOTES L.R., "One Worked; The Other Didn't," Science 5 Jan. 1990: 18. William C. Thompson, "DNA Evidence in Criminal Law: New Developments," Trial August 1994: 37. Thomas J. Mack, "Scientific Testimony After Daubert: Some Early Returns from Lower Courts," Trial August 1994: 25. Thompson: 42. Roger Lewin, "Limits to DNA Fingerprinting," Research News 24 Mar. 1989: 1550. Mack: 39. Thompson: 47. Thompson: 45. Thomas Hobbes, "The Case Against Anarchy," 1651: 158. Council on Ethical and Judicial Affairs, AMA, "Use of Genetic Testing by Employers," JAMA 2 Oct. 1991: 1827. Rick Weiss, "Predisposition and Prejudice," Science News 21 Jan. 1989: 40. Shannon Browniee, "The Assurances of Genes," U.S. News & World Report 23 Jul. 1990: 59. Browniee: 57. Renee Twombly, "The Wider Implications," Patient Care 15 Sep. 1994: 20. Browniee: 57. Browniee: 57. Weiss: 42. Browniee: 58. Browniee: 59. Weiss: 40. Browniee: 57. Browniee: 58. JAMA 2 Oct. 1991: 1827. David Orentlicher, MD, "Genetic Screening by Employers," JAMA 16 Feb. 1990: 1008. Weiss: 40. Weiss: 42. WORKS CITED AMA. "Use of Genetic Testing by Employers," JAMA. Oct 2, 1991: 1827-1830. Beardsley, Tim. "Fatal Flaw," Scientific American. Dec. 1991: 28-29. Browniee, Shannon. "The Assurances of Genes," U.S. News & World Report. Jul. 23, 1990: 57-59. Hobbes, Thomas. "The Case Against Anarchy," Leviathan. 1651. L.R. "One Worked; The Other Didn't," Science. Jan 5, 1990: 18. Lewin, Roger. "Limits to DNA Fingerprinting," Research News. Mar 24, 1989: 1549-1551. Mack, Thomas J. "Scientific Testimony After Daubert: Some Early Returns from Lower Courts," Trial. Aug. 1994: 23-31. Orentlicher, David, MD. "Genetic Screening by Employers," JAMA. Feb 16, 1990: 1005-1008. Robertson, John A. "Liberty and Assisted Reproduction," Trial. Aug, 1994: 49-53. Thompson, William C. "DNA Evidence in Criminal Law: New Developments," Trial. Aug, 1994: 35-46. Twombley, Renee. "The Wider Implications," Patient Care. Sep 15, 1994: 20. Weiss, Rick. "Predispostion and Prejudice," Science News. Jan 21, 1989: 40-42. f:\12000 essays\law & government (233)\The Right To A Free Trial.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ One of the most important freedoms in the American judicial system is the right to a jury trial. This allows a minimum of six Americans, chosen from a list of registered voters, to determine a person's guilt or innocence through deliberations. They have the power to express the conscious of society as well as interpret and judge the laws themselves. If they feel that a law is unconstitutional, evil, or even unfair they can void it for the circumstance by declaring the defendant not-guilty. The power of the jury is enormous and through time has become more equitable by decreasing the limitations to become a juror including race and sex. Part of the reasoning behind the right to a jury trial is to limit government power. Although judges should be fair and just, total power is too strong, and could be used to aid some people while harming others. As someone once said, "Power corrupts sometimes, but absolute power corrupts absolutely." Many people thought anarchy would form through the use of a jury system, but no such thing has occurred. It has produced a feeling of involvement in the judicial system and government itself. Throughout this essay, a comparison of a real jury, a simulated jury, and Hollywood's perception of a jury will be discussed. The television special, Inside the Jury Room, showed a videotaping of a real life jury as seen in a small criminal courtroom. The case was Wisconsin v. Leroy Reed, a criminal trial for the possession of a firearm by an ex-convict. The simulated jury concerned an ex-military man who shot two police officers, killing one and seriously injuring another. The police had broken into his house because there was probable cause to believe he had drugs. The man shot the officers because he thought they were robbing his house. The Hollywood version, titled 12 Angry Men, revolved around a teenage boy who was accused of murdering his father and could possibly lose his life if found guilty. The topics of jury selection and appearance, the jurors understanding of their significance, and the deliberation and verdict will be examined for the three juries. The actual jury itself, has much bearing on how a verdict will result. Are the members compassionate? Rigid? Black? White? Rich? or Poor? All of these factors can influence a jury; this is why lawyers are so critical when making their decisions. In the past, juries only admitted white males, as in 12 Angry Men. Discrimination against blacks has always existed; and until the fifteenth amendment was passed, and the Grandfather Clause, White Primaries, and literacy test were declared unconstitutional, they could not vote. Women, although the population's majority, were the last to be given suffrage rights. The men in the movie seemed affluent and business-like. Some of the men came from meager backgrounds, yet they all act as if they were solvent. Also, the men were adorned with professional attire. In contrast, Inside the Jury Room chose a group of jurors of mixed ethnic backgrounds and genders, in various occupational settings. There were psychiatrists, teachers, and business people with many different life experiences. Also, the dress was not at all formal. The differences among the jurors contributed greatly to the insight and opinions shared about the case. A psychiatrist was able to give her professional opinion on the man's condition, mental retardation, while others could be more objective. A well-rounded jury can, in my opinion, produce a more educated and thought-out verdict. In the simulated jury, the jurors were selected randomly and personal opinions and biases, were not considered. This affected the decision tremendously. The majority of Maymester students are reverse-transfer students and tend to be, statistically, more conservative and tough than normal community college students. Ergo, the verdict was not fairly considered from a wide array of viewpoints. To the lawyer and the defendant, jury selection is probably the most important vehicle for attaining a verdict that is favorable to their position. One major problem in having average citizens making such important, even life threatening decisions, is that often jurors do not understand how significant of a role they are playing in the process. During Inside the Jury Room, due to Leroy's retardation, the jury felt that the case never should have come to trial. He did not understand what he was doing wrong and he was of no danger to society. One juror called it a waste of time and a "Mickey Mouse" case. Another juror would not even formulate an opinion for the group. Rather, he said he did not care, but would go along with the majority. Being a juror is an important role, and nonchalance can cost an innocent man his freedom, or release a guilt man. After voting and discussions, the jury finally realized their power, and decided they had a purpose beyond the basic criteria and laws. 12 Angry Men, as well, displays a jury who originally did not comprehend their significance and was ready to send a teenager to death without even a discussion. Baseball tickets and the overwhelming heat concerned the jurors more than the actual case. Some members played games and told business stories rather than pay attention. It was not until key points expressing doubt in the boy's guilt appeared that everyone realized their significance. Life experiences and stubbornness still prevented many of the jurors from understanding the concept of "reasonable doubt." In the jury simulation, the jurors did not understand their importance due to their knowledge of the case being imaginary. Hopefully, a verdict would be discussed and deliberated more thoroughly in a realistic situation. Only one juror splintered from the majority to promote a debate, and discuss the crime in relation to the punishment. The exasperated members seemed more focused on concluding the class session, than on producing justice. Hence, until pointed out, juries seldom realize their significance in the judicial system. Throughout time, deliberations have stayed predominantly similar. During Inside the Jury Room, the judges told them to consider the questions: Did he know he was a convict?; Did he know he bought a handgun?; and did he know he could not own a handgun? If these were all true, then Leroy Reed should be found guilty. The judge did not tell them that they still had the power to produce a not guilty verdict. The members started by choosing a foreman and continued by discussing each individual's opinions and views on the case. Immediately afterwards, the jury took a secret ballot paper vote to retain some anonymity. They then followed a continuous pattern of discussing their differences and taking votes until a unanimous verdict was reached. They concluded that the man did not have the ability to understand the law nor what crime he committed, and thus, nullified the law for Leroy Reed. 12 Angry Men, followed the same procedures except for the fact that they took hand votes predominantly in lieu of paper ballot votes. One major problem among this jury was the concept that he was guilty until proven innocent rather than the reverse. They looked at the guilty evidence as proof, and reasonable doubt was dismissed. This case did show an ideal picture of good winning over evil; although realistically, no jury would have discovered points such as the glasses and the stab wound. Another negative aspect of the case is that members tried to pressure others, until a common verdict was met. In a positive light, when the last "guilty" man decided to acquiesce his verdict, the other jurors wanted him to believe in his decision and not just go along with the majority. A "not guilty" verdict was eventually reached due to doubt, not necessarily innocence. In the jury simulation, the jurors took an initial vote for first and second degree murder. Then they produced a vote for voluntary manslaughter. Next a discussion to overcome the obstacles occurred until a unanimous verdict was reached. Our jury decided that the man was guilty of voluntary manslaughter. Due to a split initially between voluntary manslaughter and self-defense, a punishment of five years, a minimum for the crime committed, was issued to the man. Deliberations are consistent and have not changed significantly throughout the years. What is justice? According to Noah Webster, "Justice is the use of authority and power to uphold what is right, just, or lawful."(1, 993) Justice was served in all three cases because they were thoroughly deliberated and considered. When sufficient doubt was present, a "not guilty" verdict was passed. Cases were re-created bringing all point-of-views to light. The in-class simulation was more similar to that of Inside the Jury Room due to the appearance, and unbiased opinions of the members. The judicial system, is the only part of government with little corruption; due strongly to the jury procedure. Through the years, specifics have changed in our juries, but the same basic concepts and procedures still exist today. The right to a jury, is one of America's greatest rights and will hopefully remain that way for years to come. f:\12000 essays\law & government (233)\The Role of Women in the Church.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Role of Women in the Church With the advent of the feminist movement, the role of women in all parts of society has come under increasing scrutiny. One area of recent controversy is the role of women in the Christian Church. Some churches whose traditions and practices are less rigidly tied to Biblical doctrines have begun placing women in leadership positions such as pastor or teacher. Other churches which interpret the Bible more literally have been slow to adopt such changes. Much of the confusion is based on attempts to interpret scriptures pertaining to women. In this essay, we will use the Bible to understand the role of women in the church of the first century and apply that understanding to the church of the twentieth century. Many people would dispute the Bible's relevance to contemporary thought in general, and in particular to the role of women in worship. If the Bible were not written under divine inspiration, a person or practice is not bound by its teachings. He or she can therefor pick and choose whatever corresponds to his/her point of view. However, if the Bible is of divine inspiration, then a cautious consideration of passages relevant to a particular issue must be undertaken. Traditions and customs that have arisen after the Bible was written may thus be carefully scrutinized. Such practices may or may not prove sound after comparison with scripture. Before we discuss specific issues concerning women in worship, we should consider principles derived from the relationship of Adam and Eve as described in Genesis chapter one. The Apostle Paul frequently uses this passage as a guideline when discussing women and women's issues. Genesis 1 verse 27 states: "So God created man in his own image, in the image of God he created him; male and female he created them." Most Commentators agree that man and woman are both equally a reflection of God's image; the word "man" here is used as a synonym for humanity. Adam and Eve were also given joint dominion over creation. But the fact that Adam was created before Eve has significance to Paul and other Old Testament scholars; it signifies role distinction between the two sexes. The role of the man is leadership, while the role of woman is as a source of strength and support. In the letter to the Ephesians, Paul states: "For the husband is the head of the wife as Christ is the head of the church. . ." (Eph. 5:23) This is an important analogy. If a person wants to understand the Christian authority of a man over his wife, he must consider how Christ demonstrated his leadership as head over the Church. Primarily, he gave his life for his church, not using force or coercion for her submission. When considering mens and woman's ministry in the church, it is important to keep in mind this role distinction. Lets examine the public ministry of women in the Church. Two major passages give specific instructions regarding women during worship in the letters of the Apostle Paul. These two passages are used frequently when denying women a public role in church life. The first is in I Corinthians chapter 14 verses 33 - 35, this passage commands women to be silent during worship service. Similarly but with more details, I Timothy 2 verses 8 - 15 not only contains a command to be silent but also instruction on authority along with a reference to the fall of Adam and Eve for further explanation. Here is the passage in its entirety using the NIV (New International Version) Bible translation: I want men everywhere to lift up holy hands in prayer, without anger or disputing. I also want women to dress modestly, with decency and propriety, not with braided hair or gold or pearls or expensive clothes, but with good deeds, appropriate for women who profess to worship God. A women should learn in quietness and full submission. I do not permit a woman to teach or to have authority over a man; she must be silent. For Adam was formed first, then Eve. And Adam was not the one deceived; it was the woman who was deceived and became a sinner. But women will be kept safe through childbirth, if they continue in faith, love and holiness with propriety. A woman raised in the U.S. in this day and age, reading the letter for the first time, may be quite taken aback by its apparent chauvinism. However, there are some specific historical and cultural references that must be taken into account when considering the meaning and intent of this passage. First of all, this was a letter written by Paul to a young preacher named Timothy. Timothy was presumably preaching at the church in the city of Ephesus. Paul starts out the letter by telling him to stay in Ephesus and correct false teachers who were creating a disruption in the church. Various commentators have tried to re-create some of the heresies of these false teachers. This can be a difficult task since there is not a record of exactly what was being said, so only remarks made in the text itself can give a clue. One probable heresy was the idea of asceticism as a way to achieve spirituality. The ascetic practices being recommended consisted of; abstinence from certain foods, from marriage, and sex. Add to all of this physical training as an additional means of spirituality. It was thought that through these practices, one could achieve something akin to heaven on earth. In other words, there was possibly a denial of a future physical resurrection being taught in favor of a spiritual one that could be achieved in their present lifetimes. It seems also from Paul's remarks that many women in the church had been converted to this message and they were being persuaded to renounce their traditional roles in favor of a more egalitarian way of life in line with their new-found spirituality. This would explain the strong words Paul makes in reference to Eve, reminding the women that she was indeed led into sin, and that bearing children and raising them was a good thing, not unspiritual as they were being taught. Yet, the other parts of this passage that admonish women not to teach and not to have authority over a man have been agreed upon by many, if not most, commentators to have timeless application; the words and grammar in Greek do not lend themselves to any cultural reference. The teaching that Paul is concerned about here is specifically the truths of the faith while the authority in question refers to women in governing or leadership positions of the church. But, before making conclusions on a Biblical truth it is important to see if the truth holds fast throughout the whole of scripture. Let's consider some other passages. In Galations 3 verse 28, Paul states: "There is neither Jew nor Greek, slave nor free, male nor female, for you are all one in Christ Jesus." Some commentators have suggested that this teaching could have had some influence in the false teachings that were encountered in Ephesus and Corinth in regard to women. Christ himself taught that in the afterlife, men and women would not be given in marriage and they would be like the angels. Thus, the women were being encouraged, by some misguided teachers, to renounce their traditional roles. Without taking this radical extreme, the modern reader is at least inclined to ask what it means that men and women are one in Christ Jesus? It must certainly mean that there is not one sex inferior to the other. Beyond this, their are clear examples in the book of Acts that may shed some light by way of documented practice, on the command not to have authority over men. First of all, there were prophetesses. In Acts 21: 8 - 9, Philip, one of the seven deacons, is said to have four daughters who prophesied. Prophesying was not primarily divination of the future but also the conveying of Gods Word to his people, i. e. teaching. Furthermore, in 1 Corinthians 11: 4 - 5 Paul states, "Every woman who prays or prophesies. . ." Clearly women in Corinth were praying and prophesying during the worship service. There is also the case of Precilla and Aquila described in Acts Chapter 18. Many Commentators feel it is significant that whenever this couple are mentioned in the Bible, Precilla, the women, is mentioned first because of her great knowledge. It appears that they worked together as a teaching team and their effectiveness is demonstrated when they taught Apollos "the ways of the Lord more adequately" (Acts 18: 26). Apollos is described as a learned man who came to Ephesus and began teaching from the scriptures in a knowledgeable way although lacking in one of the fundamental teachings. Another Case in point is a business woman named Lydia who lived in Philippi. She accepted the Gospel message from Paul and Silas while at a place of prayer. After this incident is recorded, a strong church is mentioned in Philippi later in the Bible. We can only surmise that she played a significant part in the growth of this church, since no men were initially converted. These passages all call into question the real nature of the moratorium on teaching and the meaning of no authority mentioned in 1st Timothy. That women were teaching men is obvious, although at times they may have been co-teaching with male teachers. The case of the prophetesses is also compelling because although most churches do not recognize prophecy as being a modern gift, teaching certainly is and this was one of the important functions of a prophet. Some Commentators in discussing women's ministry in the New Testament have brought to light the customs of the day regarding women. Paul's main concern was the spread of the Gospel and that the message could be made attractive in every way. For this reason Paul encourages women in other passages to continue observing social customs such as the wearing of a veil; otherwise people might criticize them as loose or immoral and belittle the Gospel message. This is, I believe, a valid thought not only in 1st century times but in our culture today. Consider, for example, what non believing women in the US think upon entering a Christian assembly for the first time and seeing a service that appears to be run completely by men? They may conclude that women are being suppressed and that the gospel message makes women inferior to men. In conclusion, we can say that although there is no sanction in scripture for women to take roles of leadership, public ministry and teaching are not as clearly forbidden and a degree of latitude in interpretation is warranted. More importantly, if women are not allowed to have a voice or some kind of input, the church could be loosing a valuable resource. If a husband does not consider his wives thoughts and ideas as being important or valid, his family is surely incomplete, dysfunctional and doomed to failure. Therefore, as the church strives to realize Gods purpose for women, we must remember the truths of the scripture and apply them to our present day culture. This will allow men and women to present the Christian message to our world in the most powerful way. That is exactly what the Apostle Paul desired along with all of the New Testament leaders and it is what we should desire as we consider the path of the modern church. f:\12000 essays\law & government (233)\The War of Freedom of Expression.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The War of Freedom of Expression "Taking on anti-Semites and Holocaust deniers in the sanctified courtroom environment is like responding to someone who calls your mother a prostitute. By defending you raise the question that maybe she really was" Anonymous source drawn from Weiman and Win, 1986. The right to freedom of expression can be described as a war. It is a war that has lasted for centuries and may last for centuries more. It is a war between freedom of expression and social intolerance. In this war there are many battles. The battle on which this brief essay centers itself is the battle between freedom of speech and laws limiting that freedom; more specifically the ability to spread hate propaganda and the "hate laws". Included in the essay is a brief outline of one skirmish that has taken place (Keegstra ). Those who fight on the side supporting freedom of speech do so for several reasons. Braun declares that it is a basic democratic right to voice your own opinion . Douglas Christie has gained notoriety for his vigorous representation of high-profile, controversial clients, charged under the hate laws. He advocates freedom of speech for two main reasons: a) he finds it abhorrent that the state can legislate thoughts and words, and b) he often agrees with the views held by his clients. Others such as Noam Chomsky, a brilliant intellectual, argue not for the views expressed, but the ability to express them. Lining up on the other side of the battle you have: Derek Raymaker, David Kilgour, Victor Ramraj, and Bruce Elman. They argue that there is definitely a moral place for laws regarding hate speech, whether they are criminal or not. There was recently a new development in the Canadian war for freedom of expression. Introduced in April 1982 was a new and important strategic battleground. With the Charter of Rights and Freedoms the war could be won or lost by either side. It was not long before the Charter saw battle. In 1984, Jim Keegstra was charged with violating section 281 of the Criminal Code of Canada (now covered under section 318-320). Keegstra was a respected school teacher and mayor of the small town of Eckville, Alberta. This was no borderline fanatic; this was an elected official charged with promoting hate. However by the time Keegstra's trial rolled around he was no longer the mayor Eckville and his teaching license, revoked. The problem was, the very nature of s. 281 lent itself to legal debate under section 2 of the relatively new Charter of Rights and Freedoms. The defense counsel Doug Christie lost no time in challenging the legislation's constitutionality. In response, Crown prosecutor, Bruce Fraser, stated that Keegstra was being charged with promoting hatred; not expressing it. The Crown also stated that freedom of speech is not an absolute right . On November 5, 1984, Mr. Justice Quigley of the Alberta Queen's Bench wrote an eighty page decision upholding the constitutionality of section 281. In his decision he stated "It is my opinion that s. 281.2(2) cannot be rationally considered to be an infringement which limits 'freedom of expression' but on the contrary it is a safeguard which promotes it." When the issue finally rose to the Supreme Court of Canada, the advocates of hate laws had won a very shallow victory. The split of the court was 4-3, leaving uncertainty as to who had actually won. It is too subjective to view the problem of freedom of expression as "good" versus "evil". The debate raises the main issue of whether or not the people of Canada want the government to be passing any laws limiting our rights to think and speak. While it is nearly unanimous that violently acting on these views is illegal; the debate on laws against speech of any sort draws not only racists, but simple liberals who believe in the freedom of speech. Braun outlines the argument against any criminal limitations on freedom of speech. First, he states that one of the basic premises of democracy is that: "A self-governing people that have the right and ability to decide for themselves whom to believe must surely have the right and ability to decide what to act on." Another point made by Braun, in the same article, is that the right to legislate against words, even narrowly defined such as words of 'incitement' "tends to erode the political process of talking and genuine debate." Other such arguments rise up against the legitimacy of such hate laws. Douglas Christie, in Zundel, declared that the right to a minority opinion was at stake. In his address to the jury he asked "What are we lobotomized idiots, that we can only accept the viewpoint of the majority? ... Do we never entrench the right to differ?" Christie also compared Zundel to Galileo, who dared to pronounce that the world was round. He also stated: "For the sake of freedom, I ask you never to forget what is at stake here. That accused stands in the place of anyone who desire to speak their mind. Even if you don't agree with him, you must take it as a sacred responsibility not to allow the suppression of someone else's honest opinion." Chomsky takes much the same road. Respected the world over is not necessarily Chomsky's views, but his ability to express them and his understanding of the problems society faces. In a 1988 interview Chomsky stated "...I wouldn't like the government to have the power to decide what you can hear." With respect to a French school teacher being tried for falsification of history he said, ".... Now that means that the state has the right to decide what is historical truth, and if it decides "this is historical truth" and you say something else, you're a criminal. In my view, that's a fantastic scandal, I don't care whether what the guy said is true, false, indifferent; I don't even give a damn what he said. The idea of giving the state the right to decide what's true, that's just straight, flat-out fascism." Those who advocate the passing of "hate laws" such as sections 318 through 320 of the Criminal Code, also seem to be arguing from a largely moralistic standpoint. They also state that it is extremely difficult for the Crown to convict under the laws. Admittedly, yes it is, and that is the way it should be. Four proponents of these laws are Derek Raymaker, David Kilgour, Victor Ramraj and Bruce Elman. They all put forth different argument, each contention with its own merits. Raymaker and Kilgour have stated that it is important to recognize that rights are never absolute. They also state that "Rights are given strength through the law, and therefore can be regulated through the law in reasonable circumstances as prescribed in s.1 of the Charter." This is a difficult stance to take in a democratic and supposedly "free" society. Are rights given by the state, or are they fundamental rights that the state must simply uphold? This is where the real difficulty lies. People in western democracies recognize ability to speak freely as an inherent right, and not as one generously given to us by our elected officials. In defense of the Kilgour and Raymaker argument, they also state that "...freedom of expression cannot simply exist without a system of redress for those groups who feel besieged by the hatemonger's message." This is important. However, it should not be handled by criminal law. This issue could be addressed in civil law and human rights legislation without imposing criminal sanctions on the "hatemongers". Victor Ramraj refers to both Ronald Dworkin and Lord Devlon in his paper . Ramraj's argument can be broken down into two main components; first he argues that the "concept" put forth by the Charter as a whole was to promote equality and the rights of minority and besieged groups. This is where positive and negative liberties enter the picture. The rights of minorities not to be condemned to listen to harmful messages and literature is a positive liberty, while the ability for someone to orate or write these views is a negative liberty. This is a reasonable argument, but is as limited as Kilgour's and Raymaker's. Although people may recognize the plight of minorities, that does not mean that we must condemn those responsible for spreading these views to criminal action. Ramraj's second main argument is that there is very definitely a place for morals in the law. This view is very clearly expressed in Lord Devlon's "Morality and the Criminal Law" . This argument is difficult to refute, after all this is itself a moral issue. Finally, Bruce Elman represents the hard-line approach to the issue of limiting free speech. In his 1994 paper, he wrote, "Finally, there is important symbolic value in having a law prohibiting the dissemination of hate propaganda. Our society must make a clear statement as to the values which we deem of central importance.... we must be prepared to support these values with criminal sanctions if necessary." He also states in the same essay that imposing criminal sanction is less desirable than supporting these core values through human rights legislation or civil law. There are multitudes of other arguments for either side of the war; those described in this essay seem to capture more of society than do others. As stated in the introduction, the war between freedom of expression and social intolerance may last for centuries. While the views discussed in this essay are not diametrically opposed, they are no where close to reaching a consensus. Those who advocate "hate laws" seem to be willing to negotiate; most agree that there is no need for criminal sanctions. Those that stand against any regulation of freedom of expression are steadfastly opposed to any sanctions, criminal or otherwise. Before I was assigned this paper, I had never given much thought to this subject. Choosing on which side to fall, is not an easy decision to make. I have extremely high morals and principles. I detest racism in all its forms, and see it as one of the three corroding elements plaguing our society (the other two are drugs, and the subjectification of women). While I wish that racists could be shot into outer space, I have to side with Chomsky on this debate. I agree that there is little place for government intervention in freedom of speech. This is not an all encompassing view, of course; threats should be excluded, as well as words inciting harm. I would be willing to concede to civil law on the subject; so long as it was very carefully tailored. My own feelings on the matter were best described by Justice McLachlin in her dissent in Keegstra: "The vile of hate propaganda is beyond doubt... The danger here is not so much that the legislation will deter those bent on promoting hatred... The danger is rather that the legislation may have a chilling effect on legitimate activities important to our society by subjecting innocent persons to constraints born out of fear for the criminal process." The split in that court decision has played an important factor in the continuation of the debate. Any given composition of the court may turn out a different decision. It will be interesting to see if the Supreme Court hears the issue again sometime in the near future. In my view, deciding the issue of freedom of speech does not necessarily matter, so long as we are debating it. If we are debating it that means that society recognizes the potential problems. As long as society recognizes the potential problems we will never be subject to the same conditions that led to the holocaust in World War Two Germany. f:\12000 essays\law & government (233)\Three Chinese Conributions.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ THREE CONTRIBUTIONS OF CHINESE IMMIGRANTS The Chinese started immigrating to the United States in 1849. They left China in search of a better life. Life in China in the 1800's was very hard. There wasn't enough food, money and the cities were overpopulated. They heard about the United States and believed there was an opportunity to start over again. They hoped to find jobs on the railroad or to strike gold. When they arrived in the United States, life was difficult. Laws were made which discriminated against them. However, eventually they became a respected part of our society. They are responsible for many contributions which are part of American life today. This essay will describe three of these contributions: two products, ginseng and tea, and one method of medicine, acupuncture. Ginseng is a perennial herb grown in China and other Asian countries. It is also grown in North American, but the Asian variety is thought to be more valuable. There are many legends and superstitions surrounding ginseng. The Chinese have long believed that the ginseng is a cure for many aliments and can even make one live longer. However, Western researchers are have been unable to prove this. Today, many manufacturers add ginseng to such products as hair tonics, shampoos, skin creams and even soft drinks. Also ginseng can be bought over the counter in drug stores under such names as "Ginkoba" and "Ginsana". "Ginkoba" is supposed to increase mental alertness. "Ginsana" is supposed to increase physical energy. Tea was first used during the reign of Emperor Shen Nung in about 2737 B.C. This was a very long time ago. It is thought that tea was first cultivated in China. Then the China tea plant was taken to Japan in about 800A.D. In Japan, tea was used for medical purposes. When green tea was developed in Chine, tea became a popular beverage. Tea was introduced into England in about 1660. It was a gift from the British East India Tea Company. The Company became a monopoly. It controlled the trade of tea from China and from India. Soon, tea was introduced to the rest of Europe and became a very popular beverage. Tea is made from young leaves and leaf buds of a type of evergreen plant known as Camellia sinensis. The name really means Chinese camellia. The name is because there are so many different types of teas. A Chinese writer said there were "a thousand and ten teas". Tea is considered black, green or oolong. Most of the international trade today is in black tea. Today, tea is drank all over the world, including the United States. Tea is produced in about 30 countries, but China is still the largest exporter of tea. Acupuncture is an ancient Chinese medical technique used to relieve pain, cure disease and improve general health. This medical technique consists of inserting hair-thin needles through particular spots of the skin. These spots are called neuroreceptors. The points are then stimulated by twirling, by heat or by use of a weak electrical current. Acupuncture has been practiced in China for over 4,000 years. It was practiced by the Chinese immigrant doctors who first came to the United States. However, it was only in 1972 that acupuncture received publicity. This happened when a newspaper correspondent who was with Nixon his trip to China had to have an emergency appendectomy. The correspondent got pain relief through acupuncture. Since that time, many American physicians and dentists have been trained to use acupuncture and learned about its benefits. The Chinese, like many immigrant groups, suffered difficult beginnings in their new life in the United States. However, many of them eventually succeeded in making a better life for themselves and their families. In addition, the Chinese are responsible for important and lasting contributions to American life. This essay describes three of these contributions. They are ginseng, tea and acupuncture. f:\12000 essays\law & government (233)\Tinker v Des Moines Kuhlmieir v Hazelwood.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Scott Nagao 3/10/97 Period 7 essay About 32 years ago, in December of 1965, a group of adults and students from Des Moines, Iowa gathered to show their dislike towards American involvement in the Vietnam War. They decided to wear black armbands and fast on December 16 and 31 to express there point. When the principals of the Des Moines School System found out their plans, they decided to suspend anyone who took part in this type of protest. On December 16 - 17 three Tinker siblings and several of their friends were suspended for wearing the armbands. All of them did not return to school until after New Years Day. Acting through their parents, the Tinkers and some other students went to the Federal District Court, asking for an injunction to be issued by Iowa. This court refused the idea, forcing them to take the case to the Supreme Court. After hearing their case, the Supreme Court agreed with the Tinkers. They said that wearing black armbands was a silent form of expression and that students do not have to give up their 1st Amendment rights at school. This landmark Supreme Court case was known as Tinker v. Des Moines Independent School District. From the case of Tinker v. Des Moines Ind. School Board obviously came some conflicting viewpoints about the armbands. The school board said that no one has the absolute right to freedom of expression, where the Tinkers said that only banning armbands and not other political symbols was unconstitutional. The school board said that the armbands were disruptive to the learning environment, where the Tinkers said they were not. Finally, the school board said that order in the classroom, where political controversy should be discussed, is entitled to constitutional protection. The Tinkers believed that the armbands were worn as the students views, and therefore should be constitutionally protected and respected by the school. These were all important arguments in the case. Personally, I agree with the Supreme Court's decision to uphold the 1st Amendment rights of the students in school. Why shouldn't students have the same rights as other people? If the students wore obscene clothing, ran out of classrooms, or set the school on fire in protest of the war, then yes, I could see disciplinary action being taken against them. However, the Tinkers simply wore black armbands. Because this was not disruptive or obscene, I feel the school should not have punished them. Another landmark Supreme Court decision came in 1988 in the case of Hazelwood School District v. Kuhlmeier. In 1983 the principal of Hazelwood East High School removed two articles from the school newspaper. He objected to these articles because they described three students' experiences with pregnancy and divorce. He felt that topics such as these would be inappropriate for student readers. The school board voted in favor of the principal's action. Cathy Kuhlmeier and several other students sued the school district in the U.S. District Court of St. Louis. Despite claiming that their 1st and 14th Amendment rights had been violated, the Court found no violations. After taking the case to the United States Court of Appeals, their case was taken to United States Supreme Court. The Supreme Court, however, also upheld the principal's actions finding no violation of their rights. They said that because the newspaper was run by school officials, that it could be controlled by them, "so long as their actions...related to legitimate pedagogical concerns...". This case also had some arguments to consider. The school district said that students' rights are not violated when educators use editorial control for educational reasons. Kuhlmeier believed that this was unconstitutional. The school district said that because the paper was not a public forum that censorship was appropriate. Kuhlmeier believed that the paper was a public forum, therefore, she should be able to express her opinion to the community. Finally Hazelwood School District believed that educators were responsible for controlling school publications because they reflect on the school itself. Kuhlmeier believed that controlling school publications stifled the students' free thought and expressions; it limited them to only school-approved subjects or opinions. In this case, I agree with Cathy Kuhlmeier. I am not saying that certain subjects such as obscene and non-school related topics shouldn't be censored, because they should. However, in Kuhlmeier's case, I feel that pregnancy and divorce are issues that face students at school. Because of this, I believe that the principal's actions were wrong, and that the articles should have been published. In comparison, both of these cases shared some very similar qualities. Both cases were composed of a student versus a school district. Both cases ended up in the Supreme Court. But the biggest similarity was that both cases concerned students' rights at school, mainly the 1st and 14th Amendment, the freedom of expression. Both plaintiffs felt that their rights were being violated by the decisions and actions made by the school districts. In contrast, the time periods in which these cases took place were very different. In the 1960's, the war in Vietnam was going on, and there were a lot of controversial issues and viewpoints facing students at schools. In the 1980's, the war was over and there weren't as many controversial issues surrounding students' rights. One case involved freedom of expression through a school newspaper, the other through articles of clothing, but the major difference between the two cases were the decisions made by the U.S. Supreme Court. They agreed with the Tinkers in the belief that freedom of expression through armbands was okay. However, they disagreed with Cathy Kuhlmeier's belief in freedom of expression through a so-called public forum. As a student, I believe that freedom of expression is one of our most important rights. Without this right people won't know who we are; they won't understand our generation. Because of the many different definitions of freedom of expression, people will always be in controversy over them. Let's hope that our school district never faces a problem as big as the ones presented in this paper. f:\12000 essays\law & government (233)\Tradegy.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ As Aristotle says, "Tragedy is an imitation not of human beings but of action, life, happiness, and unhappiness." Very few of the great tragedies could possibly be based in reality. For instance, how likely is it that a great king once discovered that he killed his father and married his mother in real life. The purpose of this tragedy is to show the downfall of a great leader. This includes action, life, happiness, and unhappiness just as Aristotle says. Who would want to read something about a person that bad things happen to if the reader does not understand why it happens and the reason for the reaction? Another example would be Antigone. It was not written to watch a woman bury her brother and have everyone around her die. The purpose is to gain insight on the human way of life. The story tells of duty and honor, not of death and politics. We are made to care about not necessarily Antigone herself, but her cause. That is what makes a great tragedy. f:\12000 essays\law & government (233)\UnaBomber.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ "The world today seems to be going crazy." The Unabomber's Manifesto It was May 25th 1978, Terry Marker was on his usual patrol on campus at the University of Illinois. This earmark package, addressed to an engineering professor at Rensselaer from a material science professor at Northwestern, was found in a parking lot. What seemed like an insignificant misplaced parcel was about to start a reign of terror and the longest manhunt in U.S. history. Officer Marker retrieved the package and began to open it; the crude triggering mechanism set off the device. A flash of fire and smoke spewed towards Terry's face as the match heads ignited and the mystery package exploded. This event sparked the "most expensive manhunt in United States history, ultimately costing upward to $50 million" (Douglas, 31). The reasoning behind this initial attack (and subsequent assaults) was not known for sure until 15 years later in 1993, when the Unabomber's anti- technology philosophy became public. The Unabomber's 18 year tirade against technology killed three people and maimed 23 others in a series of 16 attacks dating back to 1978. The Unabomber's targets were universities and airlines (thus the "un" and the "a" in the FBI's code name); proponents of technology. The Unabomber believes that the present industrial-technological society is "narrowing the sphere of human freedom" (Unabomber, 93). The crudeness of the Unabomber's inaugural mail bomb attack was not an indication of what was to come. The Unabomber's devices became more sophisticated and deadly as his targets became more specific and focused. "The pressure vessels in his bombs were the most sophisticated ever seen by federal authorities" (Ewell, 3). His later efforts were sometimes concealed in books and hand-carved boxes, had all hancrafted parts carved of wood and metal (he made his own pins, screws and switches), and sometimes had altimeter and barometric switches which would activate at precise altitudes in an airplane. Bombs, like the one planted outside of a computer store in Sacramento, were sometimes fitted with gravity triggers which would detonate the bomb at the slightest touch. Later bombs contained two independent systems of batteries and wires, a backup fail-safe mechanism, installed to ensure the bombs detonation. The crime scene analyses suggested that each bomb "took more than a hundred hours to construct" (Douglas, 56). The bombs were getting deadlier as the Unabomber's skill level evolved. FBI agent James Fox says "This guy's done a wonderful job in self- education (Gleick, 26). On April 24, 1995, Gilbert Murray, president of the California Forestry Association, died instantly when a bomb exploded in his office in Sacramento. The force of the blast was so great that it pushed nails partly out of the walls in other offices in the building. The force of the explosion was so great that the pieces of Murray's body; when retrieved, filled eleven bags. Evidence was presented to the coroner in paint cans. Some bombs like the one that killed Hugh Sutton, a computer store owner, was filled with pieces of nails to maximize the devastation to the victim. He also became more devious by targeting either the person to whom the package was sent or the person who supposedly sent it. If the package didn't make it to its intended victim it would be sent back to an alternate one. The Unabomber left very few clues at the crime scenes. He was a meticulous criminal, "these components bear markings of having been taken apart and put back together repeatedly" said Chris Ronay, the FBI's top bomb expert in the 1980's (Anez, 2 ). All addresses were typed on an arcane typewriter to confound handwriting analyses. He hand crafted most of the parts that made up his bombs because of the possibility of tracing store bought parts back to a hardware store or electronics store. He made his own chemicals out of commonly available chemicals. He made his own switches that he could have bought at Radio Shack. He spent hours whittling, cutting, and filing metal and wood to remove any hints of their origin. He would repeatedly sand down all the wooden parts to his devices to remove any possible fingerprints and make the boxes that encased his bombs look store bought. The FBI Crime Lab originally nicknamed him the "Junkyard Bomber" because the internal parts were constructed of leftover materials such as furniture pieces , plumbing pipes, and sinktraps. Across the continent, hundreds of FBI agents were pursuing the Unabomber. They have deployed some of the worlds most powerful computers. Task Force members crunched and recrunched scraps of data through a "massive parallel-processing computer borrowed from the Pentagon", sifting though school lists, drivers license registries, lists of people who checked certain books out of libraries in California and the Mid West (Gibbs, 31). The super-computers kept tract of the enormous data base that the FBI had kept on possible suspects. The computers searched criminal records and personal histories of thousands of suspects. When the FBI got a new clue or hunch they would process it through the computers and see what came up and who matched the latest profiles. They have enlisted the sharpest crime-fighting minds. The Unabomb Task force was a multiagency team comprised of the top experts from the FBI, ATF, local police departments where the crimes took place, and from the Office of the Postal Inspector. And they have chased down 20,000 tips, gone door to door to machine shops and scrap yards, and interviewed thousands of suspects since the initial bombing at the University of Illinois. The Unabomber had kept investigators busy with a seemingly endless list of obvious and subtle clues to his identity. The first written clue being a message found from a bomb planted at Berkeley stating "Wu- It works! I told you it would-R.V." Wu and R.V. are most likely professors at Berkeley but "whether these clues really mean anything, or whether they are just the bombers way of toying with the law wont be known till he is caught" (Marx, 2). The following are clues to the identity of the Unabomber: WOOD Wood is the most common theme in the clues to finding the Unabomber, from its use as a material in the bombs to its appearance in the names and addresses of victims. Small twigs were glued to a couple of the devices found. Some of the bombs were encased in boxes hand crafted out of hardwood. He polished and sometimes varnished his wood pieces, but it was clear, from amateurish joints, that he is not a trained woodworker. Bombs were fashioned with 2 x 4's to look like a pile of debris. A bomb was mailed to United Airlines president Percy Wood, who lived in Lake forest. One bomb was packaged inside the novel "Ice Brothers" by Arbor House, whose symbol is a tree leaf. False return addresses have included such places as Ravenswood and Forest Glen Road and from such people as Benjamin Isaac Wood. THE 9-DIGIT CODE To authenticate his written communication the Unabomber included a nine-digit code (550-25-4394) on all of his letters and manuscripts. Task Force members discovered that the number was a real Social Security number for a small-time career criminal from Northern California but determined he had been in jail at the time of some of the bombings. He has since violated parole and vanished. Ironically, he had a tattoo that read "PURE WOOD". Possibly, the Unabomber knew him or had met him before. STAMPS The Unabomber avoids taking his packages to the post office and uses a lot of stamps instead. He didn't seem to lick the stamps (that would leave saliva traces), at least in his more recent bombings, it is possible that he licked the stamps in earlier bombings. He usually used stamps featuring the American Flag or playwright Eugene O'Neil, author of the "The Ice Man Cometh". Nathan R On a 1993 letter from the Unabomber, authorities found the almost imperceivable impression of the words that may have been written on a piece of paper written on the letter. It said "Call Nathan R Wed 7pm" and prompted a nationwide search for Nathan R. Investigators used drivers license records and phone listings to find more than 10,000 Nathan R's. They interviewed them all, but found no answers. This was more likely than not a red-herring placed by the Unabomber to tease and confuse the Task force. F.C. These initials have been included in some way in most of the bombs. The initials were scratched into most of his bombs. The initials, also, were spray-painted in the vicinity of several of the bomb sites. Authorities have suggested that it might stand for an obscene phase directed towards computers; like "F@%K Computers". The Unabomber in a few of his letters to newspapers says its stands for "Freedom Club", the group he claims to be responsible for the bombs. At one point, a university worker whose initials were F.C. was scrutinized because of his open contempt for computers and technology, but he was later cleared of suspicion (Taylor, A17). EYEWITNESS DESCRIPTION "It was a face that taunted a nation", a mysterious killer hidden by a hood, disguised in dark aviator glasses (Goldston, 1). On February 20, 1987, a woman notices a shady looking character carrying a bag of wood and left it outside a computer store in Salt Lake City. The bag of wood turned out to be a bomb that injured a store employee. Finally, a face of sorts is put to a name. The eyewitness account, might have done more harm than good though. Ted Kacyznski, the Unabomber suspect, is actually ten years older than the man described outside of the computer store. Kacyznski was a suspect who was in the Task Force's database; but, he was ignored because of his age. LETTERS The letters written to several newspapers, leaders in the field of technology, and college professors give some important clues to the Unabomber's identity. The Unabomber always refers to himself as "we" but FBI investigators always believed that the bombings were a sole effort. Through them we find a man bitter towards academia and technology, possibly an ex-employee of one of the two fields. He makes references to certain books like The Ancient Engineers. For years, criminologists and the FBI's top profilers had been conjuring up an image of the Unabomber. "As investigators and profilers, we came to know him through his bombs and his written communications" (Douglas, 177). The initial bombings target suggested that he grew up in Chicago, moved to Salt Lake City, and was residing in Northern California. The bomber was comfortable around universities, they believed, though he seemed to harbor a grudge against them because he possibly did not graduate or excel. The bomber was thought to be a loner, who shunned society. Possibly, suffering from a mental illness; chronic depression, and probably was abused as a child. He was thought to work blue collar work most likely dealing with power tools. And he was thought to be in his late thirties early forties. Gregg McCrary a former FBI profiler says that they tend "to be 80 percent accurate in the profiles" (Ewell, 2). That is far from an exact science but it serves well in screening potential suspects. We find the suspect Ted Kaczynski remarkably similar, except that he is ten years older than originally thought, did not work with power tools (due to the fact that there was no plumbing let alone electricity in his shack), was raised by a loving and supportive family, and he not only excelled in college academically; he went or get his doctorate and taught mathematics at Berkeley. Other than the virtual bomb laboratory found in Kaczynski's shack, bottles of anti-depressant medication were supposedly found. But other than that Kaczynski fits the profile of a loner, an underachiever and extremely intelligent perfectly. Dr. Michael Rustigan, a criminologist at San Francisco State University calls the Unabomber "the most intellectual serial killer that this nation has ever known" (Kendall, 6). The Unabomber's 18 year loathing of technology and industrial society had an enormous affect on many lives in the United States. The Unabomber created chaos with airlines, postal service, campus security, and put fear into the hearts of proponents of technology. During 1995, security was doubled at all major airports, because of the Unabomber's threat to blow up an airliner flying of Los Angeles International Airport. Passengers were required to show photo identification that matched their tickets, if not their baggage was manually searched. Priority mail using stamps instead of postage meters, and priority parcels dropped into mail boxes instead of handed over the counter, have been separated from other items out of concern for safety. Suspect items are flown in all-cargo airplanes rather than the commercial airliners that carry most mail. "And even though a suspect has been arrested in the string of Unabomber attacks, no changes are planned in the handling of parcels" (Schmid, 1). Campus security was stepped up. Many universities like Stanford, bought its own X-ray machine and sent its police force for schooling in the Army bomb-detection center. At Berkeley, professors were told not to leave bags of refuse laying around, because it could provide cover for an explosive device (Gomes, 1). Computer and technology businesses in Silicon Valley tried to keep the names of its employees out of newspapers/press reports and tried to maintain the confidentiality of workers' addresses. The almost two decade search for the Unabomber yielded very little clues. The US government posted a $1 million reward for leads that resulted in the apprehension of the Unabomber and maintained a task force hot line (1-800-701-BOMB). More than 20,000 were phoned in but the Unabomb task force was still left very little evidence. In June of 1995, the Unabomber's manifesto entitled "Industrial Society and its Future" was received by the New York Times and the Washington Post. The letter, that accompanied the 35,000 word document, demanded that national newspapers publish his diatribe against technology. He threatened to send another bomb "with intent to kill" if his document was not published in its entirety. (New York Times Letter, April 24, 1995). The Unabomber pledged to end his campaign of terrorism once his thoughts were published. FBI officials, who urged the newspapers to publish the manifesto, hoped that someone reading it would recognize the author through his words. The FBI spent much of the next year publicizing the Unabomber's writings (USA Today 11/13/96, 6). They hand delivered hundreds of copies of his writings to university professor and leaders in the field of technology in the hope that someone would recognize his work. The FBI also used the Internet to aid in their efforts to capture the Unabomber. The FBI's Unabomber web page included links to the manifesto, warnings of what to look for in suspicious packages, and an email address (unabomb@fbi.gov) to contact with information. The following is taken from a letter by Dr. William L. Tafoya, of the Unabomb Task Force, explaining the appeal to the Internet community: The purpose for submitting the information on the Internet is two-fold. First, the Internet is another medium that enables us to reach as wide an audience as possible; to "spread the word". Second, Internet users are precisely the type of individuals that to date have been recipients of explosive devices attributed to Unabomb; scholars and researchers. The FBI plan was to make the Unabomber's writings accessible in the hopes that some professor, some family member, someone who knew the killer would hear the "echoes of a friend or student or relative" (Gibbs, 16). The FBI may have been right. Kaczynski's brother, David, recognized the similarity between his brother's writings and the Unabomber's anti- technology tract published in the Washington Post. In his anti-technology manifesto, the Unabomber dismisses the Internet as a futile way to communicate. But, it was on the Internet that David Kaczynski read selections of the manifesto that convinced him that his brother might be the Unabomber (Kovaleski, A03). With the tip from David, all of the pieces seemed to fall into place. That is when the FBI's high-tech two week stakeout began. The FBI's elite Hostage rescue team was immediately called in. They are experienced in survival training and can live for long periods in the wild; agents were prepared to live outdoors in subzero temperatures. They employed infrared and satellite surveillance of Kaczynski's meager home (Douglas, 108). Finally after getting a warrant to search Kaczynski's cabin, agents posing as Forest Service employees arrested the Unabomber suspect. Federal investigators arrived at Kaczynski's dark, tiny cabin with some of the most sophisticated technology ever developed to detect and defuse bombs. Looking for evidence that Kaczynski was the anti-technology Unabomber, the FBI and the ATF brought in such devices as a remote- controlled robot and portable X-ray equipment to help search for bombs and booby traps. They came with new scientific techniques specifically designed during the Unabomber investigation to detect, analyze and defuse bombs made in the unique hand-crafted style of the elusive serial bomber. "Technology was developed just for this case because of the way he made his bombs" (Paddock, 23). With the detailed preparation, new detection methods and painstaking search, agents were able to discover and preserve one of the most crucial pieces of evidence in the case: a completed bomb that was ready for mailing. Given that the hunt for the Unabomber is one of the FBI's highest priorities, the agency would be sure to use every technique at its command to carry out the search. Before entering the cabin, FBI agents bombarded the small structure with electro-magnetic energy to create a picture of its entire contents, much like an X-ray. This gave the FBI a three-dimensional view of the landscape of the room (Paddock, 24). Also before entering, agents inserted highly sensitive acoustic devices to sort out all of the sounds in the cabin and determine whether there were any electronically operated booby traps, because these devices make their own noise. One of the most important techniques used in the search was the use of highly sophisticated chemical sensors that can detect possible bomb components. Such "sniffers" can test for small amounts of a chemical in the air. Much of the high-tech equipment used by law enforcement in such searches was developed during the drug war for entering booby trapped lairs of suspected drug dealers. When suspicious material was located in Kaczynski's cabin, for example, the FBI used a robot to enter the structure and retrieve it. Agents feared it could have been set off if it was picked up. Once items were removed from the cabin, they were moved to a work area outside the house where they were X-rayed on a portable machine much like the ones used at airports. After the cabin was deemed safe, the of the physical evidence was collected, bagged, and tagged. This slow and meticulous process lasted almost a month. The Unabomber case is set for November 12, 1997. Kaczynski's defense lawyer needs the year to review the tons of damning physical evidence that was collected. The bulk of the prosecution's case can rest on the physical evidence itself, and it appears that in this case there will be a mountain of it, including the documents found on the subject's premises, the equipment he had, the notebooks, the partially completed bombs, and the writings that describe bomb making. The prosecution will bring in explosives experts to match up the bomb-making signature with the remnants of devices recovered from the crime scenes (Douglas, 149). A typewriter analysis will also be implemented to see if the typewriters found at the cabin match the printed documents like the letters and the manifesto. DNA tests will be done to try to match the saliva remnants on stamps to Kaczynski's own DNA. Tools like wire cutters, wood files, and drill bits; that leave trademark almost fingerprint like markings, will be analyzed and compared to similar marks on bomb remnants. The prosecution will also try to trace Kaczynski's past to correlate it with Unabomber attacks. The outcome of the trial will be based on how much of the physical evidence found at Kaczynski's home matches up with the Unabomber's physical evidence. The pending trial will prove to be very interesting to say the least. f:\12000 essays\law & government (233)\Uniforms in School.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ UNIFORMS IN SCHOOL Uniforms should definitely be used in school systems. Everything about it makes sense. Not everyone is going to be happy about it at first, but they will slowly but surely adjust. Uniforms free students of the stress on what to wear in the morning. I usually have that problem, as well as my brother. Uniforms also relieve the tension, or "break the ice", when new students come in, since they will be wearing the same thing. This will benefit both the new student and the class as a whole. The uniforms will build a sense of unity within the school. Instead of everyone as a separate "team", everyone will be in the same "team". This will benefit the whole school. Uniforms free students of the stress on what to wear in the morning. Many students, including myself, stand in front of their closets and just stare, trying to decide on what kind of shirt to wear as well as what kind of pants or shorts. The uniforms will speed up the morning "getting-up" process, thus reducing tardiness in school that I know is a problem in my first period class. The enforcement of uniforms will relieve the tension between the new students and the students that are already there. The uniforms will expedite the process of making new friends for the new student since the uniforms will help the new student feel a sense of "belonging". This helps the majority of the school becoming friends with each other. This obviously helps the class and also the school as a whole, as there will be less fights and controversy between students. Uniforms will build a sense of unity within the school. The students will feel they are a part of one whole team charging toward their ultimate goal: graduation and college. The sense of unity will bring more fans and support for sports events and help the school financially. There will also be less fights and riots within the school when all the students feel they are a part of the same one team. The theory of uniforms in school systems is a great idea. It will relieve the students of the stress on what to wear to school every day, "break the ice" for a new student, and build a sense of unity for the school. These reasons clearly indicate the need for uniforms in our school systems. f:\12000 essays\law & government (233)\User or Victim.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Robert L. Dye Jr. English 1013 Women in Films User or Victim? Designed to prove that a woman can be anybody she desires to be, the legendary film, Evita, is now shown to millions of movie viewers. Alan Parker=s Evita is a reflection of the much-publicized images of two popular self-made heroines of different era, Evita and Madonna. The discussion of this essay will show us how these ladies got far and revered once by their followers. The life of Evita Peron is almost like a dramatization of a romantic fiction, about the tale of a young and poor illegitimate girl, who escapes the cruelty and poverty of her hometown, and Aflees to the big city to become a movie star, fights her way to the top through succession of men, marries her country=s president, only to die at a young age of 33" (Harbinson 154). Eva was born illegitimate in a small remote town of Argentina, and spent most of her childhood life under a cloud of illegitimacy. Besides being poor, Eva and her sisters were regarded as bastard children , and for this reason, they were Alooked upon as >brats= and often prevented from associating with the other children of thevillage. This sense of rejection and the ridicules that young Eva and her family received from the other villagers, formed the basis of her hatred of Argentinas middle and upper classes@ (19). Eva grew up to be an intelligent, beautiful, and glamorous teen-ager, who attracted many men=s attention. Aside from her good looks, Eva had the charm that could get her all the things she wanted, the character of a woman who never gave into negative circumstances, and a determination so strong, she found her way to the balcony of the presidential palace of Argentina. The painful rejection, and the traumatic events of her father=s funeral, when she and her family were refused entry by his legal wife, were still in Eva=s mind when she left her hometown for the big city to seek a better life. Despite her blighted childhood and early personal loss, AEvita never let herself be a victim, and instead, used her deprivations as a motivating machine. She developed a strong courage, a ruthless ambition, and a hunger for success and power@ (185-186). Armed with all the good looks, strong character, determination to succeed, and, the secret resentment she nurtured against the ruling classes of Argentina who looked down on her family, Evita was ready to change her life. Upon arrival in Buenos Aires, Evita found out that rich and poor people do exist in the big cities. But this sight did not discourage Eva, and she went on to become a film and radio performer. Although Evita had the glamour and talent to become successful, she was also aware of the Acrushing limitations imposed upon Argentinean women of relentless male chauvinism. It was the men who had the freedom and earned the money to use it@(25). But Evita was determined not to be a victim, she instead, use men as a stepping stone to her success as she did to Augustine Magaldi to escape out of her hometown. In the film, Evita, Alan Parker portrays Madonna as if it was meant for her to be born to portray the role. Significantly indeed, Madonna=s life is almost a replica of Evita=s life: a rags- to-riches tale in which Aearly personal loss is a motivating factor, and in which, once success is achieved, ruthless will is deployed to sustain it@ (163). Madonna=a childhood background resembles Evita=s in many ways. Both came from a working-class background, both lost a parent at an early age (Evita=s father and Madonna=s mother), and both ladies were impoverished as little girls. Evita=s fight for success made her a role model to Madonna, admiring the way she overcame her loss in early life. Despite all hurdles, Evita used her early tragic experience as a motivating factor to seek what life has denied her. Madonna, on the other hand, also used her own childhood loss and fears as springboards to personal freedom. Like Evita, Madonna left her hometown to seek a better life. Similarly, Madonna too, was obliged to used men to get what she wanted (185). According to a review by Ken Mandelbaum, Madonna does not only have the perfect look for the role of Evita--stunning, tough, enigmatic--but the persona has much in common with that of the woman she is playing. Both ladies got far on glamour, detemination, controversy, the ability to influence styles and play a crowd, and somewhat limited skills. In addition, he stated that Madonna is a legend-in-her-time playing another one (26). As the film opens with the contrasting funerals of Eva=s father and her own, we are introduced to Che (Antonio Banderas), the floating narrator who represents all the feelings held against Eva as politician and woman. He then takes us through a journey. First, a young and ambitious Eva, seeking riches and fame. Eva is fifteen years old when she met a nightclub singer, Augustine Magaldi, and begs him to take her to Buenos Aires. Although Eva finds out that the big city of her dreams is not exactly what she dreamed about, she carves out a career as a radio and film actress, becomes popular, and Aslowly bounces up the social ladder with the help of her escorts@ (Parker 38). She then meets the poltical bravado Juan Peron (Jonathan Pryce), whom she instantly charms, and leaves the concert with him. Eva eventually moves into Peron=s residence and shows the door to Peron=s mistress. Consequently, Eva becomes Peron=s strongest ally despite numerous criticisms by the military and the Oligarchy (ruling classes) who Aview her as a whore@ (Harbinson 157). Then the journey takes us to a confident and adored Eva. Now, with a dignity to her face, Eva looks stunning and beautiful standing next to her husband and the newly -elected President, Juan Peron. As Harbinson would put it, The carnality and the dignity combined turned her into a common dream. Those lips had to know fellatio. Those dark eyes had to know what suffering meant. Thus her beauty speaks to all and bridges two worlds. On the one hand is the flesh that learnt its lessons, on the other is that nobility, that transcendent, outpouring love that turns the most sinful woman into a saint. Evita was now a saint. She had paid her dues and emerged trimphant. (105) The scene at the balcony of Casa Rosada is not a very pleasant view for the Oligarchs who considers Eva as a ruthless woman. Although the privileged Argentineans and the ruling classes fear her (on the grounds of vengeance); the masses of people, majority of whom are underprivileged working class, worshipped Eva, now known as Evita. Evita is finally on top of the world. Her followers revere her, as she has finally defeated the Oligarchy, she uplifted the living standards of the working classes and Evita has given the Argentinean women the A right to vote, set up homes for unmarried working girls, and stimulated the idea of women in careers - all these in a country where women had never had a role before (106). And the last journey, a stricken Evita. According to Alan Parker, for eleven eleven months, Argentina witnessed Eva=s slow and public dying. Eva fell into a steep and sudden decline, and on July 26, 1952, she died of cancer at the age of 33 (13). Evita, once a poor girl, became Argentina=s most beloved heroine, and the most hated enemy to the ruling Oligarchs. Accused of being a >whore= and a>ruthless adventuress,= by the well-to-do, Evita is considered a >saint= by her followers. She became the saviour of the underprivileged Argentineans, and above all, she changed the cultural stereotype of women in Argentina. Ruthless or not, her memory will always remain to the suppressed of Argentina. Whether these two ladies, Evita and Madonna, used men to get to the top or not, it is a tribute to their iron will, to their already highly developed sense of survival, to their strong fighting spirit, and to their determination to succeed, that they became what they wanted to be. Evita and Madonna may not exactly be the role models some mothers would want their daughters to follow, but many women would love to have the strong characters they possessed which made them heroines. Works Cited Evita. Writ. Alan Parker and Oliver Stone. Sir. Alan Parker. Hollywood Pictures, 1996 Harbin, W. A. Evita: Saint or Sinner? New York: St. Martin, 1996 Mandelbaum, Ken. "Review: Evita." Theatre Week. 30 Dec. 1996: 26 Parker, Alan. The Making of Evita. Canada: Collins Publishers. 1996 Robert L. Dye Jr. English 1013 Women in Films User or Victim? Designed to prove that a woman can be anybody she desires to be, the legendary film, Evita, is now shown to millions of movie viewers. Alan Parker=s Evita is a reflection of the much-publicized images of two popular self-made heroines of different era, Evita and Madonna. The discussion of this essay will show us how these ladies got far and revered once by their followers. The life of Evita Peron is almost like a dramatization of a romantic fiction, about the tale of a young and poor illegitimate girl, who escapes the cruelty and poverty of her hometown, and Aflees to the big city to become a movie star, fights her way to the top through succession of men, marries her country=s president, only to die at a young age of 33" (Harbinson 154). Eva was born illegitimate in a small remote town of Argentina, and spent most of her childhood life under a cloud of illegitimacy. Besides being poor, Eva and her sisters were regarded as bastard children , and for this reason, they were Alooked upon as >brats= and often prevented from associating with the other children of thevillage. This sense of rejection and the ridicules that young Eva and her family received from the other villagers, formed the basis of her hatred of Argentinas middle and upper classes@ (19). Eva grew up to be an intelligent, beautiful, and glamorous teen-ager, who attracted many men=s attention. Aside from her good looks, Eva had the charm that could get her all the things she wanted, the character of a woman who never gave into negative circumstances, and a determination so strong, she found her way to the balcony of the presidential palace of Argentina. The painful rejection, and the traumatic events of her father=s funeral, when she and her family were refused entry by his legal wife, were still in Eva=s mind when she left her hometown for the big city to seek a better life. Despite her blighted childhood and early personal loss, AEvita never let herself be a victim, and instead, used her deprivations as a motivating machine. She developed a strong courage, a ruthless ambition, and a hunger for success and power@ (185-186). Armed with all the good looks, strong character, determination to succeed, and, the secret resentment she nurtured against the ruling classes of Argentina who looked down on her family, Evita was ready to change her life. Upon arrival in Buenos Aires, Evita found out that rich and poor people do exist in the big cities. But this sight did not discourage Eva, and she went on to become a film and radio performer. Although Evita had the glamour and talent to become successful, she was also aware of the Acrushing limitations imposed upon Argentinean women of relentless male chauvinism. It was the men who had the freedom and earned the money to use it@(25). But Evita was determined not to be a victim, she instead, use men as a stepping stone to her success as she did to Augustine Magaldi to escape out of her hometown. In the film, Evita, Alan Parker portrays Madonna as if it was meant for her to be born to portray the role. Significantly indeed, Madonna=s life is almost a replica of Evita=s life: a rags- to-riches tale in which Aearly personal loss is a motivating factor, and in which, once success is achieved, ruthless will is deployed to sustain it@ (163). Madonna=a childhood background resembles Evita=s in many ways. Both came from a working-class background, both lost a parent at an early age (Evita=s father and Madonna=s mother), and both ladies were impoverished as little girls. Evita=s fight for success made her a role model to Madonna, admiring the way she overcame her loss in early life. Despite all hurdles, Evita used her early tragic experience as a motivating factor to seek what life has denied her. Madonna, on the other hand, also used her own childhood loss and fears as springboards to personal freedom. Like Evita, Madonna left her hometown to seek a better life. Similarly, Madonna too, was obliged to used men to get what she wanted (185). According to a review by Ken Mandelbaum, Madonna does not only have the perfect look for the role of Evita--stunning, tough, enigmatic--but the persona has much in common with that of the woman she is playing. Both ladies got far on glamour, detemination, controversy, the ability to influence styles and play a crowd, and somewhat limited skills. In addition, he stated that Madonna is a legend-in-her-time playing another one (26). As the film opens with the contrasting funerals of Eva=s father and her own, we are introduced to Che (Antonio Banderas), the floating narrator who represents all the feelings held against Eva as politician and woman. He then takes us through a journey. First, a young and ambitious Eva, seeking riches and fame. Eva is fifteen years old when she met a nightclub singer, Augustine Magaldi, and begs him to take her to Buenos Aires. Although Eva finds out that the big city of her dreams is not exactly what she dreamed about, she carves out a career as a radio and film actress, becomes popular, and Aslowly bounces up the social ladder with the help of her escorts@ (Parker 38). She then meets the poltical bravado Juan Peron (Jonathan Pryce), whom she instantly charms, and leaves the concert with him. Eva eventually moves into Peron=s residence and shows the door to Peron=s mistress. Consequently, Eva becomes Peron=s strongest ally despite numerous criticisms by the military and the Oligarchy (ruling classes) who Aview her as a whore@ (Harbinson 157). Then the journey takes us to a confident and adored Eva. Now, with a dignity to her face, Eva looks stunning and beautiful standing next to her husband and the newly -elected President, Juan Peron. As Harbinson would put it, The carnality and the dignity combined turned her into a common dream. Those lips had to know fellatio. Those dark eyes had to know what suffering meant. Thus her beauty speaks to all and bridges two worlds. On the one hand is the flesh that learnt its lessons, on the other is that nobility, that transcendent, outpouring love that turns the most sinful woman into a saint. Evita was now a saint. She had paid her dues and emerged trimphant. (105) The scene at the balcony of Casa Rosada is not a very pleasant view for the Oligarchs who considers Eva as a ruthless woman. Although the privileged Argentineans and the ruling classes fear her (on the grounds of vengeance); the masses of people, majority of whom are underprivileged working class, worshipped Eva, now known as Evita. Evita is finally on top of the world. Her followers revere her, as she has finally defeated the Oligarchy, she uplifted the living standards of the working classes and Evita has given the Argentinean women the A right to vote, set up homes for unmarried working girls, and stimulated the idea of women in careers - all these in a country where women had never had a role before (106). And the last journey, a stricken Evita. According to Alan Parker, for eleven eleven months, Argentina witnessed Eva=s slow and public dying. Eva fell into a steep and sudden decline, and on July 26, 1952, she died of cancer at the age of 33 (13). Evita, once a poor girl, became Argentina=s most beloved heroine, and the most hated enemy to the ruling Oligarchs. Accused of being a >whore= and a>ruthless adventuress,= by the well-to-do, Evita is considered a >saint= by her followers. She became the saviour of the underprivileged Argentineans, and above all, she changed the cultural stereotype of women in Argentina. Ruthless or not, her memory will always remain to the suppressed of Argentina. Whether these two ladies, Evita and Madonna, used men to get to the top or not, it is a tribute to their iron will, to their already highly developed sense of survival, to their strong fighting spirit, and to their determination to succeed, that they became what they wanted to be. Evita and Madonna may not exactly be the role models some mothers would want their daughters to follow, but many women would love to have the strong characters they possessed which made them heroines. Works Cited Evita. Writ. Alan Parker and Oliver Stone. Sir. Alan Parker. Hollywood Pictures, 1996 Harbin, W. A. Evita: Saint or Sinner? New York: St. Martin, 1996 Mandelbaum, Ken. "Review: Evita." Theatre Week. 30 Dec. 1996: 26 Parker, Alan. The Making of Evita. Canada: Collins Publishers. 1996 Robert L. Dye Jr. English 1013 Women in Films User or Victim? Designed to prove that a woman can be anybody she desires to be, the legendary film, Evita, is now shown to millions of movie viewers. Alan Parker=s Evita is a reflection of the much-publicized images of two popular self-made heroines of different era, Evita and Madonna. The discussion of this essay will show us how these ladies got far and revered once by their followers. The life of Evita Peron is almost like a dramatization of a romantic fiction, about the tale of a young and poor illegitimate girl, who escapes the cruelty and poverty of her hometown, and Aflees to the big city to become a movie star, fights her way to the top through succession of men, marries her country=s president, only to die at a young age of 33" (Harbinson 154). Eva was born illegitimate in a small remote town of Argentina, and spent most of her childhood life under a cloud of illegitimacy. Besides being poor, Eva and her sisters were regarded as bastard children , and for this reason, they were Alooked upon as >brats= and often prevented from associating with the other children of thevillage. This sense of rejection and the ridicules that young Eva and her family received from the other villagers, formed the basis of her hatred of Argentinas middle and upper classes@ (19). Eva grew up to be an intelligent, beautiful, and glamorous teen-ager, who attracted many men=s attention. Aside from her good looks, Eva had the charm that could get her all the things she wanted, the character of a woman who never gave into negative circumstances, and a determination so strong, she found her way to the balcony of the presidential palace of Argentina. The painful rejection, and the traumatic events of her father=s funeral, when she and her family were refused entry by his legal wife, were still in Eva=s mind when she left her hometown for the big city to seek a better life. Despite her blighted childhood and early personal loss, AEvita never let herself be a victim, and instead, used her deprivations as a motivating machine. She developed a strong courage, a ruthless ambition, and a hunger for success and power@ (185-186). Armed with all the good looks, strong character, determination to succeed, and, the secret resentment she nurtured against the ruling classes of Argentina who looked down on her family, Evita was ready to change her life. Upon arrival in Buenos Aires, Evita found out that rich and poor people do exist in the big cities. But this sight did not discourage Eva, and she went on to become a film and radio performer. Although Evita had the glamour and talent to become successful, she was also aware of the Acrushing limitations imposed upon Argentinean women of relentless male chauvinism. It was the men who had the freedom and earned the money to use it@(25). But Evita was determined not to be a victim, she instead, use men as a stepping stone to her success as she did to Augustine Magaldi to escape out of her hometown. In the film, Evita, Alan Parker portrays Madonna as if it was meant for her to be born to portray the role. Significantly indeed, Madonna=s life is almost a replica of Evita=s life: a rags- to-riches tale in which Aearly personal loss is a motivating factor, and in which, once success is achieved, ruthless will is deployed to sustain it@ (163). Madonna=a childhood background resembles Evita=s in many ways. Both came from a working-class background, both lost a parent at an early age (Evita=s father and Madonna=s mother), and both ladies were impoverished as little girls. Evita=s fight for success made her a role model to Madonna, admiring the way she overcame her loss in early life. Despite all hurdles, Evita used her early tragic experience as a motivating factor to seek what life has denied her. Madonna, on the other hand, also used her own childhood loss and fears as springboards to personal freedom. Like Evita, Madonna left her hometown to seek a better life. Similarly, Madonna too, was obliged to used men to get what she wanted (185). According to a review by Ken Mandelbaum, Madonna does not only have the perfect look for the role of Evita--stunning, tough, enigmatic--but the persona has much in common with that of the woman she is playing. Both ladies got far on glamour, detemination, controversy, the ability to influence styles and play a crowd, and somewhat limited skills. In addition, he stated that Madonna is a legend-in-her-time playing another one (26). As the film opens with the contrasting funerals of Eva=s father and her own, we are introduced to Che (Antonio Banderas), the floating narrator who represents all the feelings held against Eva as politician and woman. He then takes us through a journey. First, a young and ambitious Eva, seeking riches and fame. Eva is fifteen years old when she met a nightclub singer, Augustine Magaldi, and begs him to take her to Buenos Aires. Although Eva finds out that the big city of her dreams is not exactly what she dreamed about, she carves out a career as a radio and film actress, becomes popular, and Aslowly bounces up the social ladder with the help of her escorts@ (Parker 38). She then meets the poltical bravado Juan Peron (Jonathan Pryce), whom she instantly charms, and leaves the concert with him. Eva eventually moves into Peron=s residence and shows the door to Peron=s mistress. Consequently, Eva becomes Peron=s strongest ally despite numerous criticisms by the military and the Oligarchy (ruling classes) who Aview her as a whore@ (Harbinson 157). Then the journey takes us to a confident and adored Eva. Now, with a dignity to her face, Eva looks stunning and beautiful standing next to her husband and the newly -elected President, Juan Peron. As Harbinson would put it, The carnality and the dignity combined turned her into a common dream. Those lips had to know fellatio. Those dark eyes had to know what suffering meant. Thus her beauty speaks to all and bridges two worlds. On the one hand is the flesh that learnt its lessons, on the other is that nobility, that transcendent, outpouring love that turns the most sinful woman into a saint. Evita was now a saint. She had paid her dues and emerged trimphant. (105) The scene at the balcony of Casa Rosada is not a very pleasant view for the Oligarchs who considers Eva as a ruthless woman. Although the privileged Argentineans and the ruling classes fear her (on the grounds of vengeance); the masses of people, majority of whom are underprivileged working class, worshipped Eva, now known as Evita. Evita is finally on top of the world. Her followers revere her, as she has finally defeated the Oligarchy, she uplifted the living standards of the working classes and Evita has given the Argentinean women the A right to vote, set up homes for unmarried working girls, and stimulated the idea of women in careers - all these in a country where women had never had a role before (106). And the last journey, a stricken Evita. According to Alan Parker, for eleven eleven months, Argentina witnessed Eva=s slow and public dying. Eva fell into a steep and sudden decline, and on July 26, 1952, she died of cancer at the age of 33 (13). Evita, once a poor girl, became Argentina=s most beloved heroine, and the most hated enemy to the ruling Oligarchs. Accused of being a >whore= and a>ruthless adventuress,= by the well-to-do, Evita is considered a >saint= by her followers. She became the saviour of the underprivileged Argentineans, and above all, she changed the cultural stereotype of women in Argentina. Ruthless or not, her memory will always remain to the suppressed of Argentina. Whether these two ladies, Evita and Madonna, used men to get to the top or not, it is a tribute to their iron will, to their already highly developed sense of survival, to their strong fighting spirit, and to their determination to succeed, that they became what they wanted to be. Evita and Madonna may not exactly be the role models some mothers would want their daughters to follow, but many women would love to have the strong characters they possessed which made them heroines. Works Cited Evita. Writ. Alan Parker and Oliver Stone. Sir. Alan Parker. Hollywood Pictures, 1996 Harbin, W. A. Evita: Saint or Sinner? New York: St. Martin, 1996 Mandelbaum, Ken. "Review: Evita." Theatre Week. 30 Dec. 1996: 26 Parker, Alan. The Making of Evita. Canada: Collins Publishers. 1996 f:\12000 essays\law & government (233)\Violence.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Violence. Mentioning the word conjures up images of assault, abuse, and even murder. In today's American society, violence is more prevalent now then ever. Annually, we see violence statistics rise and are left to wonder why. Each year 1 person out of every 40 is the victim of a violent crime. Everyone wants to find an answer a problem that is in great need of solving. But where do we look to find the answers? What causes people to behave in a violent fashion? There are several factors that will cause people to act violently. Maybe if we explore the reasons for the behavior, and address these issues, we will win our battle with violence. Drug and alcohol abuse in this country has always been around, but recently numbers are hitting all time highs. From 1992 to 1995, drug use among teenagers almost doubled. Drugs and alcohol are both mind altering agents which cause people to do things that they would not normally do or intensify the emotions that they feel. I believe that many violent acts are due to people being under the influence of some type of narcotic or alcohol. In a survey conducted in the University of Tennessee for the Department of Health, the effects of drug abuse on violence were studied. It was found that almost 56% of drinkers also used drugs while drinking. Interestingly, white males were found to be more abusive than black males. The study showed direct links from substance abuse to violence and crime. With drug use and violence rising, a direct correlation can be seen. Our society has created drug awareness programs in our schools, but obviously something must be changed in these programs. They simply are not working. The highest drug abuse numbers are seen in the teen year's age group. We must find a way to lower these numbers and reduce the number of drug users, especially children. When we have successfully done this, I think the rate of violence will also drop. Violent tendencies can get their starts early in one's life. The way a person was raised and the type of behavior they were exposed to has an impact on their behavior as young adults and adults. A child who sees violence towards a family member or is treated violently may grow to think that this behavior is normal and accepted in our society. In a study done in 1987 on children, ages 4 to 11, staying in a domestic abuse shelter, it was found that these children had higher levels of aggression than children who were not victims or witnesses. The girls with the highest levels of aggression were school aged, while the boys were pre-school aged. Children 12 and over were not allowed into the shelter because of the behavioral patterns they had learned at home. This shows how violence can also be a learned action. Children who have been exposed to violence during their childhood are also more likely to have emotional problems later on in life. In a 1992 study, it was found that boys who have been exposed have 17 times more behavior and mental problems, while girls who have been exposed have 10 times more. These behavior and emotional problems can potentially lead to violence later on in life. I think to combat this problem we need to teach women, or men, as the case may be to educate themselves on the signs of domestic abuse. I think children should also be educated on it at an early age so that they too can pick out warning signs, and can talk to someone that they trust should they feel threatened. We must help children who are victims through counseling programs so that they learn violence is wrong before they are influenced by the examples set forth at home. Counseling should also be provided so that the child also has a chance to talk about the situation and his or her feelings. One of the biggest reasons that I believe violence occurs is ignorance. Violence in the domestic area is not so much affected by this, but senseless, random acts of crime are. In today's society, many people are ignorant. They are ignorant to ideas that they don't know about, people with different lifestyles, and people of different ethnic backgrounds, for example. Acceptance of others has always been a problem that our culture has faced. Many have died for the right to be accepted, and many have been killed because they weren't. In America, through the 60's we saw a revolution in rights for African Americans. It was the age of Martin Luther King, Malcolm X, and race riots. Some, who were peaceful, like Martin Luther King, were cold bloodily murdered because someone did not agree with his ideas. Race riots broke out all across the United States, resulting in much violence. Many were ignorant to the feelings and lifestyle that the blacks were forced to lead. This ignorance lead to crime. In abortion clinics, doctors have been killed and patients attacked by pro-life activists. What the activists don't realize is that they do not have any right to make any decisions for anyone but th f:\12000 essays\law & government (233)\voting.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Everyone in my family who is old enough to vote, registers, and takes a privilege in voting, and knowing that their voice counts. That is why everyone who can vote does vote in every election. Both of my parents have not missed an election, and don't plan on it. My family votes neither democratic nor republican, they vote for both. What I mean by that is that they vote for the best candidate who they think will get the job done. So they would be considered non-partisan. They go about picking the candidate based on the qualities of honesty, character, and what the candidate has accomplished in the past. There wasn't a basic consensus on the issues they thought were most important, but there issues they thought were most important, but there issues all dealt with money. For example my mom thought that federal and state government needs to be downside and programs need to be cut. While my brother thought that welfare should be cut. My dad doesn't like his tax dollars wasted, and my sister doesn't like the military cut backs. So basically my family has concerns with money and where it goes. Which may affect who they vote for. However there was a consensus on what affects there voting habits, and that agent is war. My family felt that war wasn't good, and to end the war they would do anything. Even if that meant voting out who they voted in. Also if a candidate wanted military cut backs my family would probably not vote for them. That is because my family wants the best military in the world. f:\12000 essays\law & government (233)\Whats Wrong With Communism.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ A Speaking Engagement Aaron Dummer 2/24/97 Period 5 I would go to Russia. I would speak on Government. This is what I would say: I am here today to tell you about freedom. I am here to tell you about independence. I am here to let you know about something called a Constitutional Democracy. This form of government, very unlike yours, puts the power to the people. Communism is a very old, and decaying way of rule. Communism, in a broad definition, puts the ownership of farms, mines, factories, etc. in the hands of a group of people. This leaves the individual with less freedoms. This also weakens the economy. The Democracy is much the opposite. The Constitutional Democracy in particular, is exceptionally effective. Under this government many things are accomplished. A person has the ability to make what they want of their life. They may succeed with flying colors, or fail profusely. This demonstrates another aspect of the Constitutional Democracy. A citizen is left to their own future. An American citizen also holds many rights true to him. Freedom of speech, religion, and the right to bear arms are just a few. Your country, on the other hand, is greatly hindered by your malignant ruling. A citizen owns virtually nothing he can call his own. Jobs are government-provided, bringing about a poor population. Most of the rights Americans think of as "a given" are neglected in your area. I know I cannot change the way you govern your country, but I hope I have been able to change the way some of you think. f:\12000 essays\law & government (233)\White collar vs street crime.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ One problem that plagues our society is crime. Crime is all around us in our everyday lives. Daily we hear of murders, robberies, and rapes. These are categorized as "street crimes." For many people, such crimes are the only "tragic" crimes, the ones that are senseless and preventable. In Finsterbusch's book, Taking Sides, another variety of crime is exposed. This other form of crime is "white collar" crime. Both have victims, and the effects of both can be devastating to the individuals involved and to the community. The views of the two arguments proposed in the text do reach one common conclusion. Both street and white collar crime have severe consequences. In most instances, white collar crime is, financially, more costly. This does not mean that white-collar crime does not inflict bodily harm upon people. Multi-million dollar corporations can be twice as deadly as a gang member. When a woman dies of lead exposure from her job, it is murder. Whether a man is murdered by a gun or by an unsafe gas tank in his car, it is still called murder. In both scenarios, there is a defined victim. The one answer that our politicians give for solving street crime is more money for the Justice system. More cops, more judges, and definitely more jails and prisons. There are shows, such as "Cops," that shows America the "truth" about crime in the US. All the attention is given to street crime. Unless it is a huge scandal, you will seldom hear of white collar crime through the media. When white collar crime is reported, it gets little publicity compared to a gang shoot-out that killed a mother and her three kids. There is a reason for this. Since violent street crime is predominantly an urban problem, there is no better scapegoat than the lower class that live in these inner-city communities. Since urban communities are concentrated with people of color, the image of minorities soon becomes that of a criminal. By creating the idea that its "us against them," the justice system convinces voters that street crime is the evil of all evils. This allows money to be justifiably funneled into the justice system. This mind set says that its acceptable for people to be murdered by unsafe working conditions, and unsafe products. In addition, its unacceptable for murder to be committed by means of a gun, knife, or weapon. As well as supporting isolation from other people, such policies cause racism and stereotyping. Police have pictures of "criminals" in their minds. These images are male people of color, ages 14-25. If you know who the criminal is, you will make a point to find him. If you think all minorities are criminals, you will find reason to arrest them without hesitation. The effects of spending all funding on street crime can be seen and felt in other government programs. As we've discussed, the US education system is in a state of crisis. Schools do not have adequate funding to educate the kids. This is especially a problem in urban areas, where the alternative to school is life on the streets. Social services are also being eliminated, giving many no other option but to stay in poverty. Healthcare is a fantasy for many Americans, and yet our government can justify constructing massive prisons to hold all the "deviant ones" in society. White collar crime is 90 times more costly than street crime, and yet no one seems to want to address the problem. Many of the ones who commit white collar crimes are the same ones who have the power to decide where funding goes. The upper class has the money, and the voting and legislative power to decide whether law enforcement will even deal with white collar crime. When the corrupt have the power, "justice" in America is a farce, and white collar crime will continue to decay our country's structure. f:\12000 essays\law & government (233)\Why plea bargaining is necessary for Court System to function.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The Importance of Plea Bargaining in Criminal Trials Screeech! That is the sound of our court system coming to a grinding halt, if plea bargaining were no longer utilized. Not only does plea bargaining save taxpayers an enormous amount of money, it often provides the evidence for a conviction and allows public defenders and other court officials to concentrate their limited resources on more important or difficult cases. Some people may believe that plea bargaining with criminals is wrong. The entire basis of the argument against plea bargaining says that criminals should not testify or have anything to do with the prosecution because they were involved with the crime. We fail to realize that without plea bargaining many criminals would never be punished for their crimes at all. It is as simple as that. Granted, a plea bargain is, by definition, a compromise. But it is a compromise that is absolutely necessary for the judicial system to function. While it may seem that a person who exchanges his testimony for a lighter sentence would have sufficient motivation to lie in court the fact is that his testimony is simply verifying the testimonies of other witnesses. In a majority of cases plea bargains is utilized to ensure that the truly guilty criminal is punished. In our less than perfect world, plea bargaining is easily the lesser of the evils. I agree with the definitions submitted by the affirmative speaker. Americans have always emphasized getting a job done. We place a great deal of value on efficiency and industry. The government is expected to run with efficiency and operate with the good of the people in mind. Every aspect of our lives is governed by this utilitarian value. Why do we place such importance on efficiency? Because without it nothing would ever get done. If we all constantly obsessed over minute details and unrealistic ideals we would live in poverty. In the real world compromises are made because without them no amount of success could ever be achieved. In the words of John Stewart Mill, the father of utilitarianism, "The creed which accepts as the foundation of morals utility, or the greatest happiness principle, holds that actions are right in proportion as they promote happiness, wrong as they tend to produce the reverse of happiness". This means that in a world of compromise, the most success is achieved by giving the greatest good to the greatest number of people. This belief applies directly to plea bargaining. In this case, the most justice must be given the greatest number of criminals. Currently in the state of New York, 79% of all first degree murder cases are plea bargained. Without plea bargaining, many of these criminals would never even see a jail cell. Barry Kinsey, a sociologist at The University of Tulsa, said "Without plea bargaining the court's could not function unless there were drastic increases in budget allowance" . The courts are at present full and running over and if all the cases were to be tried the courts budgets would have to be increased by 900% (according to Tom Wallace, a public defender from Baltimore, Maryland). It is also important to consider the length of time that would be required to try every person indicted for a crime. With the courts as over burdened as they are, taking every case to trial could clog up the courts almost indefinitely. Since every person in this country is guaranteed a speedy trial (courtesy of the sixth amendment), banning plea bargaining without tremendous budget increases would violate the constitutional rights of those accused. The affirmative speaker believes that plea bargaining does not reveal the truth. He has said that there is often lying and inaccurate accounts of the truth as a result of plea bargaining. I believe that the opposition is wrong. There may be cases where there is lying but every part of the court system will have a little of that. The affirmative speaker has totally contradicted himself. He stated that plea bargaining is when a person admits to his crime and therefore is rewarded with a lighter sentence. Is the affirmative side saying that criminals admit to other crimes than what they have done. It appears to me that he is stating that a person who is charged for a crime is admitting to a totally different crime. Therefore he will be sentenced for that crime and still go through his original trial. Second of all he said that most of the time the actual truth is known, if it is how is this accused person going to lie. I am saying that plea bargaining definitely reaches the truth and that is one reason why it is used because the truth is know and the defendant is simply agreeing with it, therefore the affirmative speaker has no validation for this argument. The speaker also referred to how plea bargaining was inaccurate and unfair. It was stated that plea bargaining doesn't reflect what really happened and the accused is not punished fairly. I have already stated how Plea Bargaining does reach the truth therefore it is accurate. The accuracy is very accountable because in many cases there are other witnesses that confirm the testimony of the defendant. Witnesses and/or victims are usually present at the case and testify to add additional information and verify the testimony of the defendant. With verification and most of the time when the actual truth is known the process of plea bargaining is very accurate. Secondly the affirmative case said how plea bargaining was "unfair". It was said that the criminal is not punished fairly for the crime he has committed. This statement is also wrong. The criminal is not only saving time and money for the court system and other people but he is also is admitting he has done wrong. Much time and money is saved with plea bargaining. The criminal is not taking advantage of the court system by going through a long tedious trial but he is admitting he has done wrong. The amount of time , money , and work the criminal saves clearly outweighs lesser sentence he is given. The opposition also failed to prove that many of the cases of Plea Bargaining are not as drastic as his example of the man whose sentence was reduced from forty years to two years. In most cases the sentence is only reduced by a small margin. One of the affirmative cases main arguments is how criminals are sent back on the street as a result of plea bargaining. He said that when criminals are given shortened sentences they are sent back on the street to commit more crimes. I am not going to lie, yes, there are instances when criminals are sent back to the street and do commit terrible crimes, but I do not believe that plea bargaining is the cause of this. When many criminals are sent back on the street it is the result of lenient bail. Many times criminals are given $5000 bail and are sent back on the street to where they can easliy catch a bus and continue their career in another town. There are not usually drastic changes in sentencing, it may be only a few years difference and the criminal still gets plenty of time to think about what he has done. At present, 68% of all murder cases in the U. S. end in conviction. Those indicted for first degree murder who accept plea bargains often receive the same or similar sentence as they would have received if they were convicted by a jury (the main difference being that seeking death penalty is often dropped). Abolishing plea bargaining in this country would be a mistake with potentially disastrous consequences. Since justice is being served in our country's criminal courts, why should we risk our own finances and the punishment of criminals, that is already effectively taking place, to achieve the lofty ideals of a few social theorists? f:\12000 essays\law & government (233)\Woman in management.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Despite Legislation for Equal Opportunities, sexism is still in evidence in the workplace. Sexism is a particular concern for society when considering it's effect in the workplace. Sexism has always been a particular problem in the labour market especially with the formation of capitalism. In the last half of the 20th century this has been especially highlighted due to the increase of woman entering the labour market. This aroused the need for a legislation for equal opportunity for both sex's to be passed in 1975. It stated that discrimination of a persons sex whether male or female was unlawful in employment, union membership, education, provision of goods, services, advertisements and pay. In this essay the discussion will cover subjects such as why woman hold a large percentage of the work force in companies but hardly any seem to have any power. Obstacles in the way of woman in careers, if women prefer different jobs to men, equal pay for both sexes and what's changed since the law was made an Act of Parliament. This essay will only concentrate on the problem of sex discrimination in the U.K. Sex discrimination means that a person gets treated in a less favorable manner because of their sex. A good example of this is to take two fictional characters, Mr. and Mrs. Jones. The Jones's want to go swimming, they get to the swimming baths where they find that Mrs. Jones is charged an O.A.P. price while Mr. Jones has to pay the full price even though they are both the same age. This is because woman become pensioners at the age of sixty while men cannot gain the benefits until they are sixty five. Sex discrimination is not only present within the older generation but is also evident throughout the entire age range. Before legislation was passed in the 1960's most young girls left school after O-levels to receive a strong social message that their careers where already setup for them as marriage and motherhood (Pascall 1995: 2). The only jobs they would be getting were tedious low paid jobs (a Secretary) and be only looking forward to when they would meet a man, have a family and settle down. Statistics show that in 1971, 51% of married women did not work compared to 29% in 1993 (Pascall 1995: 3). Women now hold 46% of the labor work force, with young women seeing housework more of a part-time rather than a full time job. This is an enormous social change for the family giving women less dependence on marriages which are increasingly falling apart day by day and a greater command over the increasing area of technology and resources. With more women getting jobs, it encourages other woman who were reluctant to move into the labour market to do the same and become more career minded. Although woman now make up 46% of the English work force only 3% of woman hold chief executive positions. This has only increased by 2% in the last 20 years (Mildrew 1992: 17). A point to be raised here is that as the hierarchy of management positions increases, the amount of women in these positions decreases. This quite clearly means that woman do not hold the prestige and influence that men do, as their sector of high ranking jobs is so small. We've all heard men say at some point, "I just don't understand women", yet there are only 5 woman High Court Judges out of 91 men and 28 women circuit judges out of 496 men in the Judiciary in 1993 (Pascall 1995: 2). Thanks to media attention women do have access to careers. In 1980 woman made up 12-14% of professional and managerial jobs. In 1990 the figure had raised to 32% managers/administrators and 40% professionals. On the other hand women seem to fall into different sectors to men, they make up 62% of teachers and librianship but only 25% of business and financial professionals and shockingly only 5% of engineers and technologists. Teaching is a qualified position, 90% of primary school teachers and 60% of secondary teachers are women but 50% primary and 80% secondary school heads are men. This is the same right the way across the specturm, in university only 5% of professors are women (Pascall 1995: 3). This segregation of gender in different jobs can be separated into two dimensions, vertical and horizontal. Vertical segregation is the segregation of gender in the hierarchy of power in a certain job. Woman tend to be found at the low end of vertical segregation in professional occupations. Horizontal segregation is the segregation of gender in the spread of different occupations. Woman are usually found dominating teaching while men dominate engineering. Data from the Eurostat Labour survey shows when woman break horizontal segregation by increasing their presence in a particular occupation, vertical segregation becomes securely established. This is shown by the fact that 3 per cent of all clerks and typists in 1911 were woman. By 1971 the situation had reversed and woman dominated this area. As soon as the number of woman increased, office work was down graded and became a low paid dead end job by deskilling. The activities where broken down to suit what was thought as women's abilities (Mildrew 1992: 12). Educational qualifications are a must for anyone who wants a career (man or woman). 20 years ago girls would have left education at the end of their O-levels being norm. In the 1991/92 GCSE results 42.7% of girls compared with 34.1% of boys received 5 or more A-C grades and 16.1% compared with 14.4% of boys received 3 or more passes at A-Level. The number of woman students at university has tripled in the last 21 years which is almost twice the increase for male, making up 48% of the student population. At degree level 46-48% of medicine/business and financial students are women but only 12% take engineering or technology. These men / woman dominated areas are clearly seen, simply by looking in classrooms at secondary or university education. 91% of sociology classes are female dominated and about 90% of computer science / physics, classes are male dominated (Pascall 1995: 4). The Sex Discrimination Act is in power to help woman in a number of ways and lets them into previously closed doors. However due to the fact that most legal institutions are male dominated it is not quite as clear cut as it may seem on the outside. The law is often interpreted restrictivly meaning a woman may have to fight an unequal battle with her employer and even if they come out victorious little compensation is received and she may be victimized at work in the aftermath. A major need for the discrimination act is to try to help break down the presence of what is known as the glass ceiling'. This is where men get promoted and go further up the managerial hierarchy while woman get to a certain position and can not climb any further. Although they can see the men climbing further up the company they cannot break the glass ceiling themselves (Gregg 1991: 8). A study called Indsco' in a large industrial conglomerate lead by Rosabeth Moss Kanter (A management professor at Harvard) in 1977, recognized that people who work in large organizations have a tendency to hire and promote those who resemble themselves (Mildrew 1992: 17). Unfortunately some men feel uncomfortable with women being their equals and since men dominate managerial levels they have much more control over peoples careers beneath them. If men do not recognize women as their equals, then women are overlooked for transfer or promotion, find themselves directed into female' job areas and are not offered a challenge. Men use strategies to cope with women such as patronizing them, not listening to them seriously, being over protective and shielding them from dangerous situations so they never have the knowledge of how to cope (Allen 1993 p26). The Employment Act 1978 gives women going through pregnancy and child birth the right to have time off with no loss of position. This is only given however to woman who have a career involving full time and continuous employment and stops just 29 weeks after childbirth (Pascall 1995: 4). Parental leave, flexible hours and care of the child in sickness and health is left for the employer and employee to discuss. This is a very complex problem because once a child is born it must have the proper care and attention. Nursery provisions for women who want to go back to work are appalling. Only 2% of work places have nursery facilities and the male dominated government seem to think that the problem doesn't exist! Shocking statistics show that for every 14 females that work full time there is only one which has children between the ages of 0 and 15 years old. i.e. There is 4,200,000 woman with no children in full time work and only 300,000 woman with children between the age of 0 to 15 (Pascall 1995: 4). Taking into account that most woman would like to have at least one baby, there is going to be a lot of woman in low paid jobs. Professions such as medicine which require an intensive course of work to build up the knowledge for the career has actually implied a ban on woman with children. Even traditional woman's jobs such as nursing do not have a career that can comfortably take on board a woman with her off-spring. Since for most women all this is a bit to much they will most certainly turn to part-time employment which will be punished by lower grading and pay. In 1975 the equal pay act came into power. This made it illegal to offer different wages for the same work on the grounds of sex. Men's full time wages over woman's fell drastically. The gap has been narrowing ever since. The New Earnings Survey (NES) shows that in 1980, men's pay stood 40% more on average over women's and in 1992 that gap had narrowed to 25%. Woman in low paid jobs, where before were paid much less then men now have leveled up to the same wage or sometimes higher. However in high flying jobs there still is a large wage difference. The NES showed that woman's hourly earnings where on an average 70.9% of men's in 1990. The problem being is that since woman go into different areas of work than men it may be very difficult to compare the skills and amount of work they do to claim equal pay. We can see that even with the law, there are many loop holes that clever employees can seek. This isn't the only thing that stands in the way of woman who want a career, there are many other obstacles. Society is a very powerful instrument, people get molded by the society they are in. It changes the way people think and act. Also (From personal experiance) many children are directed to appropriate traditional' subjects by their secondary socialization in schools particularly by old fashioned' teachers. Unfortunately the law is not beneficial to everyone. It is not allowed to be broken, but there are numerous ways of stretching it! A good example of this is D.Quinnen vs Mr. J.H. Hovell. Mr. Hovell hired 2 woman and 1 man to work in his store at Christmas time. The 2 woman got paid more than the man. Mr. Quinnen complained and was dismissed, he claimed equal pay and sex discrimination. Mr. Quinnen took this case to the industrial tribunal (I.T.). At a preliminary hearing the tribunal dismissed Mr. Quinnens claims on the grounds that he was not employed by Mr. Hovell as the definition of employment was that there was a contract of service' which Mr. Quinnens did not have. Mr. Quinnens actually then to took his case to the Employment Appeal Tribunal which awarded him ś530 (E.O.C 1989: 63), but most people would not take the case this far after getting turned away by the I.T. A useful rule for woman is that the law works on the rule of precedent, where if a woman has won a case before almost in the same position as the woman who may want to go to court now, the previous case will be used as a base for the prevailing case. With this in mind woman can almost see what the outcome of the case will be before even going to court, saving themselves victimization from male counterparts. From what we have seen it appears that male dominance is to be blamed for women's under achievement in the work place. However this may be a one sided view. Once a woman gets a job in power she may adopt the I had to work hard to get where I am so why shouldn't others' attitude and will discourage other woman from taking responsibility. Woman also tend to be more cautious then men, a survey by British Gas showed that when a opportunity came up in their company for a job with more power the women would only apply for it if they fitted the whole job criteria unlike men who applied for it even if they didn't fill half the description (Allen 1993: 30). The other obstacle that woman would seem to set up for themselves is their own confidence. A study taped seven university faculty meetings and found that men's contributions before someone broke in ranged from 11 to 17 seconds while woman's where 3 to 10 seconds. Women also use deferential tag lines like "Don't you think?" and "Isn't it?" far more often then men and are reluctant to delegate work so they overload themselves (Mildrew 1992: 18). In reflection to the examples given evidence shows that the effectiveness of introducing the numerous acts of parliament have not been entirely successful on implementation. Trends show that through out education females have been directed towards traditional feminine subjects. Lack of fundamental education needed to back up university courses have reflected women's immobility to achieve positions of high statues in the whole range of occupations. Mature woman share this problem as lack of qualifications in appropriate subjects prevents them from achieving powerful positions. Clearly, it can be seen that women are getting the same wage as men in low paying jobs since the Sexual Discrimination act was passed in 1975 but there is still a long way to go until woman in managerial jobs get an equal wage to there counterparts. The fact that women are entering different job areas to men e.g. Teaching / Social working, means that even if a woman takes a company to court because she believes she is not getting paid as much as a male employee, even though she is using the same skills and has the same work load, this is very hard to prove if the two employees are not doing the same job. With most woman wanting babies, and leaving full time work to have a child and probably only taking up part-time work after it is born, it gives directors of companies a very bad opinion of women in powerful jobs as they believe that as soon as the woman has worked her way up she will leave the company due to maternity leave and never be able to keep up the same quality of work as before. Women tend to naturally set obstacles in their own way and it seems that the only way to get a powerful, influential, prestigious job is to never have a baby and are never get married. The law is not much use for woman in power as there is so many males above them in any company. The usefulness of the law can be seen however in the fact of precedent' where any previous case of a woman taking a company to court for sexual discrimination or equal pay and winning may be considered in a similar court case. The glass ceiling is a major obstacle preventing woman from achieving high status professions. However since the law has been in power I believe that the glass ceiling is cracking but it's going to take a lot more years to see any kind of noticeable improvements in woman's careers. f:\12000 essays\law & government (233)\Womans Struggle for Independence.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Woman's Struggle for Independence Women have had to fight for there independence. They have been repressed for a long period of history. Only recently have women started to gain respect as equals and individuals. Even today women are still looked down upon for there sex. From the begging of history women have been viewed as a lesser sex. In the time Mesopotamia women we in charge of the children and the home. In Ancient Egypt women had no power or authority. Women were viewed as property. The Hebrews, alto respecting women, did not allow them to own any property or to have an active place in government. In Rome women were not allowed to voice there opinions. They were viewed as lesser beings, who's role in society was to give birth and to take care of children. They were property of there husbands and not viewed as individuals. There husband was there master and women we practically slaves and was often mistreated by there husband. A servant to the male sex. During the middle ages women still has almost no rights. They still didn't have the right to voice there opinion and were still viewed as property. If they disobeyed there male role model they were punished. The art of the Renaissance gave women some freedom to voice there opinion about the arts and social issues as long as there opinions weren't very radical. However women were only the objects in the arts. They were the models and not the creators. They were not allowed to express themselves but only to be expressed by others. This lead into the period of the Reformation, women were still viewed as property and the homemakers. They did not really get there place in society. The 17th century was the first real growth of the women's movement. Up until this time women had been in the same category as property or slaves. But as the French society moved toward revolution women began to speak of the injustice against them. "The Vindication of Rights of Women (1792) called for the extension of the principle of the liberty to women and urging that equal public education be made available for men and women" (Perry, 289). This list of the right that women were lacking was one of the first attempts at creating a legislation that included women in its laws. During the scientific revolution men were making discoveries and coming up with new ideas all over the world. This was not possible for women because the education was not able to compare with that of the men's. After roll models such as Tristan Flora women started trying harder to become a part of the society. They fought so that they could be intellectual individuals, and not just slaves to the male dominated society. They started thinking for themselves, having there own thoughts and ideas. In the modern 20th century women used the example of these women as arguments to push there cause. When the idea of Nationalism began bringing countries together it helped women slightly. Yet still did not make them there equality to men. In the time of the Industrial Revolution women began receiving jobs in factories. Alto they were still not treated as equals. They were paid significantly less than men for the same days work. The majority of women still stayed at home and took care of the household and children. The idea of socialism brought women more respect. With the idea of socialism women gained some standing in society as close equals to men. In a socialistic society everyone is equal, including women. This idea of equality women in the past could not even in vision. As the battle for women's rights continued they gained the right in the United States to live freely. They could now own land and participate in the government. At the end of the 19th century women began to become educated. They began to prove there intellectual equality to men. As World War I came around women began to enter the workforce. With the men being killed in time of war it left a limited number of men to work in the factories. Women began to take over these roles. They were finally given responsibility and respect for there work. By the time of World War II women had proven themselves in the workforce. They now could find employment, alto there was still discrimination. During the 1950's woman began to fight for liberation in the workforce. They wanted more involvement in the work place. Women now wanted to go to college, support themselves, and fight for there country. They were no longer satisfied with raising a family. A woman could have a career and be a mother to her children. They became independent members of society. With there new position of education and career orientation, it gave a sense that men and women were truly equal. Alto women are gaining influence they still feel discriminated against because of there sex. There are many examples of women in high positions and women holding power. Queen Elizabeth I is one example of a woman in a position of power. These cases of women in power have rarely occurred in history. But even today in the 20th century there have been very few women officials. It seems most of the women who have achieved a position of power, achieved it because of there marriage to an influential man. Take any United States presidents wife for example. Women such as these have a great deal of power and influation, but they wouldn't have this if it wasn't for there husbands. The idea that a woman can work and be just as productive as a man a receive the same rewards happens to a point. The majority of the heads of corporations are men, women make a lesser salary and aren't promoted as much as men. As a woman rises in power in a company she usually gets to a point and then the promotions stop. This event of a sudden stop in promotion has been called "The Glass Ceiling effect" (Lunt). This can only be explained as women are still being treated as a lesser being to men. The reason why women are inferior to men is still unknown. It has been around for as long as men and women have walked the earth. Hopefully soon it will disappear completely and we can all be viewed as equals. Works Cited and Works Consulted Golden, Richard and Thomas Kuehn. Western Societies. New York: St. Martin's Press, 1993. Lowenthal, David. The Past and Foreign Country. Cambridge: Cambridge University Press, 1985. Lunt, Richard. Lectures. Perry, Marvin. Western Civilizations. Boston: Houghton Mifflin Company, 1993. f:\12000 essays\law & government (233)\Women in Africa.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Timothy Veneylo November 26, 1995 History 387 Women in Africa In many parts of Africa, there is a large discrepancy in who controlled the resources, access to the economy, individual autonomy and central voice in the government between the men and the women. African men, for the most part, have the largest say in the activities of the country. When issues of concern arise, "men's issues" usually became the issues of national concern, and those issues pertinent to women go to the back of everyone's mind. Women are forced to accept the results of men's actions, and usually nothing gets accomplished that benefits them. Because women continually were overlooked, they began to come together and protest. If one examines the following women's protests and their outcomes: A.E. Afigbo's The Warrant Chiefs, Sylvia Leith-Ross' African Women, Jean Allman's "Rounding Up Spinsters: Gender Chaos and Unmarried Women in Colonial Asante", and Irene Staunton's Mothers of the Revolution, several questions arise. What were women seeking and how did this differ from what men wanted? Did women attain their goals, and if not, why not? If women were not successful in getting their concerns at the forefront of national interest, at what, if anything, were they successful? In several instances women became so angered by their lack of voice, that they were moved to act. In some of these cases, women were relatively successful in organizing and mobilizing. The story of the Aba Riots, which is discussed in both The Warrant Chiefs and African Women, proves this point well. In Nigeria, in the late 1920's, the Warrant Chiefs wanted to impose a system of annual taxation. What was so displeasing to the people about the tax was that it involved a census, and that the money went towards no specific project. The concept of counting free people was a foreign one to the Igbo. This notion went contrary to custom, and it was believed to bring about death (Afigbo, 229). The people of the Eastern Provinces felt that because they were being counted, the colonial government was enslaving them or that they were out to destroy them. Also objectionable to these people was the fact that the collected money went towards "'development'" (Afigbo, 228), something for which these communities had not asked. The first year of tax collection went surprisingly well; except for a few isolated incidents. The first year was rather non-violent for two reasons: "It needed the shock of the first payment for people to realize what taxation meant in practical terms" and the second reason was the large police presence and prosecutions of opponents to the tax (Afigbo, 233). These two factors allowed for a relatively peaceful tax collection. However, when year two arrived, so did the resistance. In September 1929, Captain John Cook was sent to Bende as the Acting District Officer, where he was disappointed with the male roll counts. He instructed his Warrant Chiefs to conduct new counts, and "added that the exercise had nothing to do with a tax on women" (Afigbo, 236). The mere mention of "women" and "tax" in the same statement sparked immediate disapproval. Rumors began to fly that the government had ordered a tax on women. Suddenly, the women reacted and agreed to resist by the end of October, 1929. Captain Cook did not want to conduct the count himself, so he sent a mission school teacher to administer the count. When he arrived he asked a woman whom he met outside to go and count "'her people'" (Afigbo, 237). Within hours, women in mass numbers had gathered to discuss the tax, and went from there to the mission teacher's home to ask them why they were being taxed. The women equated being counting with taxation. "They also sent messengers 'armed' with fresh folded palm leaves to women of neighboring villages inviting them to come to Oloko" (Afigbo, 238). The women traveled on foot to ask other women for support, and the women they approached in their villages would go and rally their peers and bring the idea to their attention. From there, the women would decide if they would join the movement and what action, if any, would be taken. The mere fact that women were able to organize themselves to act in such a short time was a definite success. Thousands of women from the Eastern Provinces participated in different activities; some of which were organized, and some of which were not. The women disturbed court proceedings repeatedly, decapped chiefs, looted court officials' homes, burned and vandalized court houses, even looted European factories and shops. Their actions definitely attracted the immediate attention of the colonial government. Sylvia Leith-Ross describes how well the women were organized. In some of the interviews that she conducted with participants and viewers, people were amazed at the womens' solidarity. This text relays how the men in these areas had no large part in the Aba Riots. It was said that the men basically "stood completely on one side, passive, if consenting parties, to the extraordinary behavior of their wives" (Leith-Ross, 30). This kind of activity was unthinkable to men and women in other regions, but Igbo women were determined not to be taxed. From one portion of the text, it almost sounds as if the men might have taken care of the children while the women were out protesting. Some women who were bystanders and were forced to participate in the riots, commented on how they saw the women marching towards them and "they had no children with them" (Leith-Ross, 32). This implies that the men were the caretakers of the children during this period, because all of the women were involved in the riots. There was nowhere else to leave the children. It is amazing to see the opposite roles that men and women took in the Aba Riots. However, the women did have some problems staying focused. There was an incident when two of the women were hit by a medical vehicle, which sparked the other women to participate in aimless looting. The women became so enraged at the doctor who hit the two women, that they followed him into a factory and began looting the European factories and shops, which was not the original goal of the riots. Another fault of the women was their inability to gain widespread support across the region. The method of carrying the palm leaf by foot to neighboring regions inefficient. These women could not reach remote or distant compounds. Any attempts that were made to get support from other women were quickly thwarted by government officials, because they had the luxury of transportation. The lack of modern transportation was no fault of the women, but it caused a failure in their efforts. The womens' reasons for revolting were purely economic. Women were concerned first and foremost with their family's subsistence. The men had already been taxed the year before, so family resources were low. In addition the economy was in a deep depression, so money that was being made had far less value than before. Therefore, the women knew that they could not afford to be taxed, and still have enough money to support their families. Their concerns were local and practical. The men were concerned with their autonomy being threatened by the colonial officials. True the men knew that they would be in a worse economic situation if their wives were taxed too, but they were more concerned with being taken over by the government. The fear of enslavement was more threatening than poverty. Because they did have different aims, it is truly amazing that the women took the lead and made their voices heard. As a result of the women's rioting significant changes came about in colonial Nigeria. The riot "caused a change of policy as regards the basis of local administration in the Eastern Provinces" (Afigbo, 247). The people also witnessed an intense investigation into their political system, which had never been done to that extent before. Essentially, "the policy and system of local rule through chiefs came to an end with the women's Riot" (Afigbo, 248). There was another historic example of women's successful attempts to protest which is seen in "Rounding Up Spinsters: Gender Chaos and Unmarried Women in Colonial Asante." In this instance, women were again very instrumental in changing a situation which was disagreeable to them. They also went about their protests in an organized fashion. The occurrences of rounding up young unmarried women took place in Ghana during the late 1920's and the early 1930's. During this time there was a high rate of venereal disease spreading across the region, and the Asante Chiefs were under the impression that all unmarried girls over the age of fifteen were loose and needed to find a husband. If a girl or woman was caught without a husband, she was sent to jail. The Chiefs argued that they were trying to prevent prostitution by forcing young girls to be married as their justification. The Asante chiefs gave several reasons why they wanted to round up the young girls, but probably the largest reason for the crisis was the different definitions of marriage held by men and women. Men viewed marriage as "a fact, a state of being, recognized by the court as non-negotiable" (Allman, 201). Furthermore, the men believed that once money was exchanged from the groom to the bride's family, marriage began, and the man had exclusive sexual rights over his wife. Many women, on the other hand believed marriage to be something very different. One woman in particular, Afuah Buo, thought marriage was "'a process. . .tenuous and fluid in nature'" (Allman, 201). It was obvious from the women's responses to their arrests, that they also felt that marriage was something that could be easily moved in and out of; which was equated to prostitution by the chiefs. Therefore, because "chiefs and elders were articulating a new definition of marriage that upheld the husband's exclusive sexual rights over his wife, while minimizing or discounting completely the husband's reciprocal obligations toward that wife", women stopped marrying (Allman, 201-201). It is not true that all of the women had the same reaction toward the changing definition of marriage. Some women purposefully chose not to marry because they feared getting a venereal disease, other women could support themselves better without a husband, and others were simply unlucky. The women outnumbered the men during this time, so some women had no choice but to be single. Because the women stopped marrying, the colonial chiefs responded the way they did, arresting the women. However, the women had made arrangements to get around the government's plans. When women were arrested, they were all taken to jail, where they had to wait for a man to come to get them. The women had to mention the name of a man that they intended to marry and have him come and pay a fee, in order to be released. Most women had arranged to have male relatives or friends to come and profess their plans to marry her. After the fee was paid, the girl was free to go. Then she would go back to supporting herself by farming or other means. . Women were so disgusted by the fact that men were no longer fulfilling their basic marital duty, providing the bare necessities for their wives. Men were no longer doing so because of the order made by Effiduasihene, which "undercut one of the fundamental obligations of marriage, that a husband must maintain his wife" (Allman, 205). As a result women began "assert[ing] a great deal of autonomy and independence - much of it linked to the establishment of cocoa farms or to engagement in foodstuffs trade" (Allman, 204). Women during this period were extremely successful at avoiding marriage, if they chose to do so, by supporting themselves and each other. They outsmarted the system in mass numbers and many went into business for themselves. Women who were unhappy with their present situation either divorced their husbands, went to court to challenge "matrilineal inheritance" (Allman, 210), or avoided marriage altogether. G. Clark's work on Kumasi market women shows that this was the "period during which women moved in dramatic numbers into trading, especially in previously male-dominated commodities" (Allman, 209). Although it is not definite, it is suggested that these women better survived the severe economic decline of the 1930's than many of their male peers. In this account it is easy to see the difference in what men and women wanted. Men wanted total control of the women. The colonial chiefs felt that they were loosing authority over the women, so they wanted to tighten their reigns. Fond memories were recounted by the chiefs of "'the good old days. . .[when] no girl or woman dared to resist when given away in marriage to a suitor by her parents and relatives as is the case now'" (Allman, 199-200). Women's uncontrollability had grown too large for the men not to act. The chiefs felt as if their respect by women and the colonial government would diminish if they could not control their own women. The Asante women fought back because they wanted exclusive authority of their productive and reproductive rights. Women were angry, rightfully so, at the fact that men no longer provided them "chop money." Also, when slavery was abolished, men began pawning their wives and exploiting them for use on their cocoa farms. The women became so enraged at their subjugation by men, that they reacted, successfully. Allman affirms that these women were successful when she says that "this particular form of coercion was unsuccessful in even minimally facilitating the exploitation of women's unpaid labour and one important reason for its failure was that the capture of unmarried women did not get the backing of the colonial government" (Allman, 212). In this particular instance, women were able to "shape actively the emerging colonial world" (Allman, 213). The only thing that the chiefs succeeded in doing was making the arrest of women a profit-making venture; because every time a woman was released from jail, she or the man had to pay the fine. Unfortunately, this was not their goal, so they were ultimately unsuccessful. Women's productive and reproductive rights remained under their control. f:\12000 essays\law & government (233)\women in combat.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Women In Combat The idea of women in combat is not unusual anymore. They should be able to hold combat positions beacause although physical strength matters, the military still needs the intelligence that women can bring. Also, banning women from the combat hurts their military careers. Although women account for only ten percent of the enlisted personnel they are still a major part in the armed forces. Their performance recently has generated support from Congress and the public for enhancing the role of females in the military. During the Persian Gulf War, women were sent to the Middle East to fly helicopters, service combat jets, refuel tankers, and load laser-guided bombs. Their performance has led the world to realize that women are extremely useful in combat. Defense secretary Dick Chaney said "Women have made a major contribution to this war effort. We could not have won without them." Leaders in the field agreed. The Gulf War had the largest deployment of women in the armed forces in history. These women encountered the same risks as the men they served with. In the Persian Gulf, there were no exact positions and all areas were equally vulnerable, so the idea of safe havens for women was not really applicable. By many armed forces policies, females are banned from combat jobs and units, but in the Persian Gulf War females were assigned to battleships, aircraft carriers, and marine support groups dug into the desert. From their experience in the Persian Gulf, military women have earned the right to be treated as equals with men and not as protected individuals. In spite of their record as able combat personnel, there are laws and policies that restrict women in the United States Military from serving in positions that require them to engage in direct combat. Women in the Air Force and Navy are barred from aircraft and vessels that have a chance to be exposed to combat. The official, established policies of the Army and Marine Corps exclude women from combat. These policies prohibit women, on the basis of gender only, from over twelve percent of the skill positions and thirty-nine percent of the total positions offered by the Department of Defense. Such policies excluding women from combat need to be repealed by Congress. The Fourteenth Amendment's "Equal Protection Clause" insures every citizen "the equal protection of the laws." Although the clause is not applicable to Federal government, the Supreme Court said the Due Process Clause in the Fifth Amendment prohibits the federal government from making unreasonable classifications. Therefore the set laws and policies that exclude women from combat not only violate the Fifth Amendment, but also deny women their fundamental right to engage and excel in their chosen occupation. There have been many court cases involving women in combat over the years, although there has never been a case directly challenging the constitutionality laws and regulations banning women from combat. In the case of Frontiero vs. Richardson, the court rejected the idea that "man is, or should be, woman's protector or defender," which in actuality, put women not on a pedestal, but in a cage. In Satty vs. Nashville Gas Co., the decision stated that gender does not determine who is able to perform capably as a soldier. In the case of Schlesinger vs. Ballard, it was realized by the Supreme Court that the combat exclusion hinders the abilities of women to gain the experience needed for promotion within the military. The combat exclusion puts women wishing to obtain qualification for high-level positions at a disadvantage, because leadership training is usually acquired in combat-type positions. Although many females are not eager to go into combat, there are women who can and want to do the job. In a time where technology takes over battle lines and brains might be more important than brawn, a reason to exclude women is non-existant. f:\12000 essays\law & government (233)\Women in Society.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Women in all careers are striving to gain equality in the work force today, and female television news anchors are definitely part of the fight. The road to television news anchoring is a rocky one, where only a few women survive and many fail. Where progress was once thought to have been made, there aren't many females getting ahead in the world of television news. Today, there is a very slow, if any, gain in the numbers of women who succeed. There are many questions surrounding the subject of women in television news, and I will attempt to answer relevant ones in this paper. How have the women that actually make it to the top and succeed as anchorwomen, done it? What does it take to make it? Why do those few endure it/enjoy it? Why has it been and still is difficult for women? What are the expectations of women in the field, as opposed to the expectations of men? I am interested in this topic because I once aspired to become a television broadcaster. I still have inspiration in me, but not quite as much due to the negative and discouraging aspects I have heard about in classes and in the media. I am not sure that I could be happy in a career such as this, and I know there are great difficulties in "making it" in this profession. I have read about the incredible ambition of successful females in television news, and it seems like it takes a special kind of passion to want to keep up in the business. I kept my questions in mind when gathering research material. While focusing on the key questions, I was able to find information that led me to form answers to them. Christine Craft's biography told of her individual experience of being fired on the basis of her looks and her age. I realized from reading her story that she had a "nose for news", a passion for telling it to the world, and a unique spark that made her a good journalist, yet those qualities weren't enough in her case. She took that passion and spark, filed a sexual discrimination case and won. Hard News: Women in Broadcast Journalism had a few chapters that were relevant to today, and I could draw on some information for my paper. However, much of the information was historical and not helpful to answering my questions. Battling for News concentrated mainly on print journalism. There was material about the first women in broadcasting in the 1950's and how they were hired and fired. Television News Anchors had very helpful information, in that there were individual stories from anchorwomen telling of their experiences. This provided stories about the women who have succeeded within the field--why and how. There was a round table discussion conducted by The New Mother Jones magazine with television newswomen Linda Ellerbee, Marion Goldin, Ann Rubenstein, and Meredith Vieira. This provided first-hand opinions about what these women see going on in the business. Women in Television News was published in 1976, and thus, much of the information was outdated. However, I was able to use some quotes from newswomen about what they believe one must do to "make it" in broadcast journalism. I also found some interesting quotes from a former vice president of ABC News regarding women in the industry. Waiting for Prime Time had valuable information about Marlene Sander's experience and opinions of other anchorwomen and men. It covered possibilities for the future of women in broadcasting. Pamela Creedon's two books were helpful in that they discussed topics of sexual discrimination in broadcast journalism and included a chapter by Marlene Sanders, titled "The Face of the Network News is Male." Here she attempted to tackle some problems women in television news face: what the problems are, why they exist, and a bit about what needs to be done to cure these problems. Liesbet van Zoonen's book included a chapter titled "Media Production and the Encoding of Gender." It showed how society views women in the media. The expectations of female anchorwomen in part stems from the overall view of women on television--whether it be in a movie, music video, or soap opera. This was relevant to my paper in answering the question of why there are certain expectations of women in television news. The textbook, Gender, Race and Class in Media had a few chapters relevant to my paper. Larry Gross wrote a chapter titled, "Out of the Mainstream: Sexual Minorities and Mass Media." He discussed various stereotypes in our society that lead to stereotypes in all areas of our lives. I found some of my sources from Oasis, and also used a couple of magazine articles that were relevant to the subject. I focused on the questions that I wanted to answer and drew points from the material that were relevant and provided substantial evidence to answer my questions. I found that opinions and thoughts of women who had been through the business were most helpful. There was one big limitation I faced if I wanted to prove that women in television news were discriminated upon based on sex and age. Women have been fired from their anchor positions, and it has seemed that the reasons were because of looks or aging. But this is hard to prove. In August, Carol Schrader, a woman anchor from KETV-TV in Omaha, Nebraska was asked to leave. She said that it was because of her age, although her bosses didn't say that was the reason, stating that she wasn't doing her job. She was replace by a young, blond woman. Also, when Marlene Sanders was asked to leave ABC, instead of saying point-blank that she was too old, her boss told her she had outgrown the profession. Lynn Sherr of ABC News was also fired, and she believed it was because of her appearance, as no one told her why she lost her job. It isn't a proven fact that every case of a woman getting fired from their professions were fired because of their age. The number of women news anchors is scarce. Only a few succeed, and the reason for this is because what is expected of them is much greater than what is expected of men. Women must work twice as hard, be twice as beautiful, and go above and beyond their abilities. The television broadcasting business is dominated by males, and, in turn, males have the majority of the power. Positive steps have been taken by women, but they are still far from being equal in the field. Advances are not being made quickly. Some men in the world of television news say that women do have a tougher time. Larry King had this to say: I know that if I were "Loretta" King instead of "Larry" King I would be nowhere near where I am today. I would not have had a national radio talk show in 1978, a national cable show of my own, and a national column if I had started out being the "wrong" gender (Craft 1988, p. 6). Al Ittleson, former vice-president of ABC News, says that physical appearance is important for both male and female broadcasters, but emphasizes the importance of a woman broadcaster's looks: Women are supposed to be beautiful. People anticipate what a woman is supposed to look like, so when they come to television-I haven't seen an unattractive woman on television yet... In fact, they're hired, I would say, probably more because of the way they look and their image than because of their background. A man with a very strong journalism background and a man who has broken stories...can get away with a little bit of homeliness. Men aren't supposed to be attractive. Women have a tougher time (Gelfman 1976, p. 53). Our society pins importance upon women's looks. They are required to retain qualities of femininity, yet must also be professional. van Zoonen explains the different expectations of men and women in journalism, saying, "one must assume 'femininity' as a feature of female journalists and 'masculinity' as a different characteristic of male journalists" (van Zoonen 1994, p. 63). The images that are instilled in society are carried over into all aspects of life, and are prevalent in television news. Just as our society is dominated by white, middle and upper-middle class males, it is so in most professions. The men are the bosses in television news, and this has made it difficult for women to gain prestige. The men place expectations upon the women, and punish them if they aren't exactly what they want. One good example of a case where a woman news anchor was fired on the basis of her looks is Christine Craft. Craft was discriminated against because of her sex, appearance, and age. She was fired from KMBC in Kansas City and told, "You don't hide your intelligence to make guys look smarter" (Craft 1988, p. 66). Along with this, she was fired because she was "too old, too unattractive, and not sufficiently deferential to men" (Craft 1988, p. 66). Because her boss directly told her these things, she felt she had been sexually discriminated against. She won two court cases, winning a total of $600,000 in damages. Craft's case opened the eyes of many anchorwomen, as well as others in the media and elsewhere. Here is a talented, competent broadcast journalist who was unfairly treated and took a stand. She comments on her experience, "The men could be balding, jowly, bespectacled, even fat and encased in double-knit, yet the women had to be flawless. Moreover, there was the expectation that I should pretend not to know certain facts just because I was a woman" (Craft 1988, p. 10). What is disturbing about Craft's case is that it is so blatantly obvious that she lost her job on the basis of being a woman, being too old, and not being pretty enough. At the time, out of all the anchors in the country who were over 40, men made up ninety-seven percent of that, with three percent being women who did not look their age. Marlene Sanders writes that what is seen in Craft's case is "that wrinkles are 'seasoning' in a man but 'disqualification' in a woman," and that while this may not be sexual discrimination, "it is a sad statement about how women are viewed in our society" (Sanders and Rock 1988, p. 148). The world of television news is an unstable one, where women take chances, not knowing if or how long they can thrive in the business. Marlene Sanders puts it plainly, "The message is clear; we can all be replaced. There are no guarantees of longevity, and no obvious destination where news professionals can translate their experience and knowledge into new and satisfying careers" (Sanders and Rock 1988, p. 205). Before she took the job at KMBC in Kansas City, Craft was working at a smaller station in Santa Barbara, where she had a positive experience. She says, "I was content to be in a place where the emphasis was on getting the stories and getting them right. Only once did management mention my appearance, and that was to tell me to pull my hair back a bit" (Craft 1988, p. 28). Craft was attracted to the Kansas City station in a larger market. However, she made clear before taking the job that first and foremost she did not want to change her appearance. They promised her it wouldn't happen, yet within the first week they had a beauty consultant piling the make-up onto her face. Sexual discrimination is evident in television news. KMBC practically begged Christine Craft to come to their station. "Women are rewarded more than men for changing news shops often or for moving to larger markets more because of their gender than because of their journalistic qualifications" (Creedon: Smith, Fredin, Ferguson Nardone 1993, p. 174). During the first trial, a former news producer at KMBC, Sherry Chastain, testified, saying that her bosses "instructed her to monitor the appearance of female anchors and reporters, but never males...the male counterpart was bald with a bad toupee and thick glasses, yet nothing was ever mentioned about monitoring his appearance" (Craft 1988, p. 118). Diane Sawyer says that equal pay for equal work is a more serious issue than aging on the air. The reason this is such a difficult challenge is because the number of women on a news staff, as well as their ages can be easily established. However, salaries tend to be confidential, and the dollar value of experience and other qualifications are hard to determine. Therefore, while it is possible that aging may not be a major issue for women broadcasters ten years from now, equal pay for equal work will most likely linger on (Hosley and Yamada 1987, p. 152-154). Some of the blame for all anchorwomen's problems were voiced by cynical male television executives in the 1980's. Jon Katz, former executive director of CBS Morning News, tells of another executive who had a way of deciding which women to interview for anchor positions. He would look at their tapes in the VCR for eight seconds and he would ask himself, "Do I want to fuck them?" This was his basis in deciding who to hire (Katz 1995, p. 158). Catherine Crier experienced tinges of sexism at CNN. A former lawyer and judge, she was criticized for being just another pretty face entering the field of broadcasting. She had no previous experience in journalism, yet her political experience provided the skills and knowledge necessary to succeed. She says, "Journalists couched their reaction in terms of experience and background, but those same journalists have failed to voice similar criticisms of Pierre Salinger of Bill Moyers, two men who jumped from politics into broadcast news" (Fensch: McHargue 1993, p. 182). Crier says that the gains of women in television news is being made very slowly, and that "it is still a frustration for most women" (Fensch: McHargue 1993, p. 184). Jane Pauley is an exception to the negativity women broadcasters often receive. The public loves her. "It is precisely because Pauley is so down-to-earth and easy-going that Americans loved waking up with her" (Fensch: Holloway 1993, p. 249). She possesses the feminine quality that is appealing to the mass audience. She was replaced by Deborah Norville, a younger, blonder woman on the Today show, and viewers were upset to see her go. Now she is a success on NBC Nightly News. There are certain qualities a woman needs to have in order to be able to survive in television news. Ann Rubenstein of NBC Nightly News says, "You must really decide for yourself what you're going to do and not do. And what price you are willing to pay for whatever they're offering" (Fensch: Orenstein 1993, p. 128). Hard work and undying ambition are important qualities of anchorwomen. Mary Alice Williams, of CNN and NBC, gave it her all the first day she went to work for NBC, "appearing on camera, as an anchor of the evening news breaks, and by the end of her first three weeks she had anchored every network news show" (Fensch: White 1993, p. 289). A passion for telling the news is important, and is one reason why the successful women stay in the field. Diane Sawyer explains, "I really love what you learn every day in the business. I love the breathtaking way we walk into people's lives and ask them anything we want and then leave. For a moment you have available to you the whole universe of a person's life-the pain and the suffering and the joy and the struggle. You can learn from it and take it with you and then come back the next day with somebody else. That's what I like to do" (Fensch: Zoglin 1993, p. 278). Sawyer's never-ending ambition carried her from news correspondent to network star. While working for CBS Morning News and covering the negotiations to free Iran hostages, she "would sleep all night on two secretarial chairs so I could get up at 4 a.m., stalk the halls and see what I could get" (Fensch: Zoglin 1993, p. 284). The will to endure any obstacles and believe in themselves keeps the few successful anchorwomen going. Sally Quinn, CBS anchorwoman says You've got to have self-confidence. If I didn't have an enormous amount of self-confidence, I would have been destroyed by this whole experience...You can't learn to be a perfect anchorwoman in one day, and I knew that I wasn't going to be perfect and that people were just going to crucify me because I wasn't perfect" (Gelfman 1976, p. 75). Michael Gartner, NBC News president, explains what is important in television news anchoring. "You have to have a special combination of person to be the focal point of a successful show. You have to be a good journalist, and you have to be able to deliver the message-which a print person doesn't have to do-in person, in somebody's house" (Fensch: Zoglin 1993, p. 281). Barbara Walters is an exception to the rule that older women do not succeed in television news. She is a successful television newswoman who is well over the age of 40. Even she had to take the hard road to make it to the top, starting out as a secretary at a small advertising agency, working in public relations and then in public affairs for CBS. Walters recognizes the tough times women in television news face. She says You have to work harder. It's been said before, but it's true. You are taken less seriously and you are very often scorned by your own co-workers ...it's a tougher job for a woman because a woman has to be awfully good. She really does. A man can be much more excused" (Gelfman 1976, p. 88). Women are not rising to the top quickly in television news, although there is slow improvement, and anchormen say they are fine with the idea of women at the top. Walter Cronkite says of a woman anchor in the future, "Fine, why not? I think it likely...I think by the time the next change comes, the next generation of anchor people, I would think that the barrier would be down and that women would have as good a chance as men" (Sanders and Rock 1988, p. 198). Yet there are still roadblocks standing in the way of women striving to make it to the top. They begin at low-level jobs, such as researchers and logistics persons and hope to take the right paths to get to the top of the ladder. Sanders writes, "For years there were few women above the level of researcher. While that has changed, the amount of frustration for those who do not move ahead has driven many people out of the business altogether" (Sanders and Rock 1988, p. 198-199). Lesley Stahl of CBS News points out that anchorwomen are most often workaholics, with a never-ending drive to do their job. She says It's one reason we do succeed in this business. We just give it everything...Maybe it's because our kind of personalities are attracted to this industry, compulsive, deadline-oriented people who keep pushing ourselves to see how much work we can do. We love work...It's not just a symptom in the early stage, it goes on" (Sanders and Rock 1988, p. 81). Society's expectations of female news anchors is very much like that of any woman in a powerful and successful career. While the women must portray a glamorous, yet friendly image, expectations of men in the business are not near as high. Jon Katz says in his article The men who anchor today look, dress, and act almost precisely the same way they did 50 years ago. They only have to reflect a single trait to succeed-gravitas. They wouldn't dream of being intimate, glamorous, or coy. Nor would anyone expect that of them" (Katz 1995, p. 162). Katz goes on to say that men who make it in the business usually never fail. He says of anchormen, "Old anchors never fade away. And they can't be killed by mortal means" (Katz 1995, p. 164). Sadly, forward movements aren't apparent today by women in television news. Forty years ago, a female gaining the anchor position on the evening news was a leap forward. Today "it feels more like a step backward, an attempt to stuff accomplished, contemporary women into an ill-fitting straightjacket" (Katz 1995, p. 164). It is apparent that women news anchors face many more struggles than men in the field. It takes a unique individual to fight through those struggles and strive for what they want most: to relay news throughout the world. Equality with men is far from being reached, but a few females have stood their ground and hopefully made a difference for others that follow. If people open their eyes and realize there are plenty of women who are just as, if not more, competent than men at holding an anchor position, women could gain respect within the field. For now, the few women who find success and are willing to endure the hardships that come along will likely survive in the business, at least until age hinders their physical appearance. f:\12000 essays\law & government (233)\Women In The Workforce.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Women In The Labour Force December 17, 1992 The past decades their has been a dramatic increase of women participating in the labour force from countries all over the world including Canada. In 1950, one Canadian worker in five was a woman. By 1980 this percentage had doubled, and women are expected to make up more than 44 percent of the labour force by the end of this century. The increase in female participation started occurring during the 1970's. This increase also caused the largest baby boom that the Canadian female labour force had ever witnessed. In North America it is common for women to have part-time or summer jobs, and the participation rate of teenage girls is high. It is also mostly high throughout the world in places as United Kingdom because of the fewer women going to school. But in places like France, Italy, and Japan the female participation rate is very low. In most of the countries the labour force is most participated in the age groups between 20 and 24. The labour force of mature women is very high in Sweden, because of the encouraged day care facilities which also provides the females with legislation that provides them with excellent benefits. In Japan there is a drop in female economic activity, the reason why is it affects their marriage and the care of their only child. An observation of labour force participation rates in Canada show that female rates rose a lot between 1971 and 1981, while the male rate rose unnoticeably. The increase in the female participation rate was found in all age groups except in older women. For women aged 15 to 19 the rate was as almost as high as the men. But the largest increase was in the age group of 25-44 years old, where the rate rose almost 50 percent. This meant that the participation rates of the females had become more alike with the men. Family status also influenced the female participation rate but later on during 1981 it had a more less affect than in 1971. According to statistics just over one quarter of married women with young children were working, but this later changed and grew by 76 percent over the a 10 year period of time. The rate also showed an increase of 47 percent for widowed, divorced, and separated women with children. However single women with young children showed a slight decrease. However the female participation rate is not so much related to family status as today as it was many years ago. During the period of 1971 through 1981 the involvement of married women went through a major change. Fewer women saw marriage as a reason to interrupt their participation in the job force, and couple tended to postpone having children or not having any at all. While women with young children tended to participate less in the labour market and quit their jobs more frequently than men. Females did the exact opposite of what men did when they had children while working, and in some cases were actually more stable than men without children. This showed that the couples attitude towards having children influenced a decrease in the female labour force participation rate. In 1981 most women spent an average of 1,247 hours a year working, compared with 1,431 hours in 1971 which had dropped about 15 percent. Even men saw their average hours decrease by 13 percent. Not only more women were working, more were working part-tim for only part of the year which meant more women on the unemployment rolls. In the 1960's the unemployment rate for females was 3 percent and ten years later increased to 7 percent. Since june 1982 the unemployment rate for men was 11-13 percent and the women's just above that rate which could also exceed that of the men near the end of the century. Only about 11 percent of women had part-time jobs because they couldn't find full-time employment or because they wished to spend more time to their education or their families, or for other reasons. Although 24 percent of the women working part-time would have preferred a full-time job if it had been available. According to the Statistics Canada study, in 1970 women were extremely poorly paid which showed a big earnings difference than the men. This started changing in the 1970's which rose the females earning to 51.2 percent of that of a man. Ten years later it had reached 54.4 percent. If it wasn't for the decrease in annual hours for the females the earnings difference would have been reduced even further. By 1980 the females earnings had risen to 72 percent of that of a man. The female labour force would be incomplete without equal pay for equal or equivalent work. This issue was the most important issue to women in low-paid jobs. If the principal of equal pay for equal work were fully applied men and women would both receive the same hourly wage which would raise female earnings dramatically. The issue of equal pay for equal work most often comes up in discussion to improve the economic status of the women at the bottom of the payroll, many of them who are not in unions. When women first started entering the labour force they were hassled by the males because they were supposed to traditional work in the house and take care of the family. Which was the reason of their low wages to disapprove of women working. This traditions reflected their wages and the positions people were willing to offer to women. Working women experience problems such as sexual harassment and being fired because of pregnancy. Most of the people want to correct the unequal treatment of women in the work force and make it equal for everyone. Some of the methods which can be used to support equality is to introduce a federal legislation to guarantee equal pay for equal work. To also set wages according to the value of the work done by the employer. Which would be difficult to measure the value of one person's work compared to another persons. We could also offer women better benefits and a better pension when they retire their job. Peoples attitudes towards women in the work force are slowly starting to change and more opportunities for women are being available for them. The unequal treatment of working women will take years to change and will always stay an important issue. Books Author In Her Own Right Six Point View To See Ourselves "unknown" The Law Is Not For Women "unknown" Equal Status For Women In Canada In th 1990's "unknown" Women And The Constitution Micheline Carrier Women At Home "unknown" Changing Economic Status Of Women Jac-Andre Boulet f:\12000 essays\law & government (233)\Women on the Street.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Women on the Street Have you ever rushed down the street and felt that nagging feeling of guilt, as you breeze by someone lying in a doorway? Is she alive? Is she ill? Why do we all rush by without finding out is she's all right? People sit in train stations, bus stations, parks, doorways, unmistakably sick, with what, we don't know. All are seemingly alone. Some beg. Some don't. Some have open sores that ooze and bleed. Some are drunk. Some talk to themselves or formless others. They have no homes. Street people make up a small percentage of the homeless population. Most homeless people blend into the daily flow of urban life. Many families are homeless. Many babies go from the hospital into the shelter system, never knowing what it is like to go home. Women are another subgroup of the homeless. Solutions to homelessness are not easily found. But before we can solve problems, we must be sensitive enough that we create the will to find the solutions. Often if we do not feel the problem, if some emotional response is not made, we are not moved to seek solutions. We are often unmoved to even recognize the questions. We cannot afford to keep walking by. "Work is a fundamental condition of human existence," said Karl Marx. In punch-the-clock and briefcase societies no less than in agricultural or hunting and gathering societies, it is the organization of work that makes life in communities possible. Individual life as well as social life is closely tied to work. In wage labored societies, and perhaps in every other as well, much of an individual's identity is tied to their job. For most people jobs are a principal source of both independence and correctness to others. It should come as no surprise that, in the work force or out, work and jobs are important in the lives of homeless women. There are women who want to work and do, and women who want to work and do not. There are women who cannot work and others who should not work and still others who do not want to work. Some work regularly, some intermittently; some work part-time, some full-time; and there are even those who work two jobs. At any given moment, there is a lot of job-searching, job losing, job changing, and job avoidance. Within months or even weeks, these may all appear in the same person. The process is almost routine. A homeless woman registers with an unemployment agency. Since there is no way for them to call her when a job comes up she calls them - three, four times a day. By the third day they usually tell her, "Don't call us, we'll call you." If she confesses there is no way to reach her, they lose interest. Although since 1985, the shelters help reach people. Several women reported losing their jobs or the opportunity to get them when their homelessness became known. One women had been working as a receptionist in a doctor's office for several weeks when the doctor learned she was living in a shelter and fired her. The doctor told her if he'd known he wouldn't have hired her, shelters are places of disease. The jobs homeless women can get do not pay enough to enable them to support themselves. But, the women desperately want and need the money, the independence, and the self respect that most of us have come to take for granted from a job. But, for women to get a job and keep it, the women must run an obstacle course at the end of which is a low-pay, low- status job that offers a little more than they have without it. The women - perfectly socialized to the values of work - continue to value work for what they know their jobs cannot provide. Even with the starts and stops, and the periodic surrenders to a workers shelter life. There is an importance and complex connection between family relationships and homelessness. For the never-married women, "family", usually meant family of orientation - the families they were born into. For women with children, "family", included family of procreation - their husbands and children. Perhaps predictably, mothers and sisters were more likely to be sources of support than fathers and brothers. Homeless women had not always been families. Like everyone else, they were born into families or family-like networks of human relationships. On the street and in the shelters, one meets many homeless women who had been kept afloat by family members until, for one reason or another, the family had to let go. For most women, living with relatives or receiving significant financial or other support form them was the last stage in their descent into homelessness. Peter Rossi reports that "the time elapsed since last being employed is much longer than the time homeless." (Ferrill 123). From this is properly inferred that while they were unemployed, even for years at a time, they now homeless persons "managed to stay in homes mainly through the generosity of family and perhaps friends." (Ferrill 123). This is an ongoing process and many people continue to avoid homelessness through the support of family members. Of course, we do not know how many about-to-be-homeless there are, but it is reasonable to suppose that they far out number the "real " homeless. In New York City, it has been estimated that the doubled-up families in public housing outnumbered the officially homeless by 20 to 1. (Ferrill 125). Shelters are dynamic social systems whose moods are in constant movement. If, for a moment, the system appears to be in a steady state, it is a balance of forces rather than a state of rest. The forces are many. They operate at different directions. At the individual level, personalities clash and personalities mesh, producing smaller groups within the system. Some forces enhance group solidarity, some of which work against it, and some of which can go either way. It is unlikely that the staff people and shelter rules by themselves could have contained the explosive forces of racial animosity, social class differences, competition for resources, overcrowding, individuals who were not always in control of their actions, and individuals who wanted to disassociate themselves from the group. but came against these forces, and born mainly out of shared homelessness and common needs, was a powerful impulse to group cohesion and solidarity. Most of the time, the impulse to solidarity was strong enough to hold the negative forces in check, there by providing the minimum of peace and good order that made social life possible. On many evenings, as the women came together in the shelter, there was sufficient good feeling and fellow feelings, when coupled with their common needs and circumstances, to allow a sense of community to sputter into life. For most women, the loneliness of their homeless state was a terrible burden to bear; this fragile bit of community, however small, was precious indeed. "Homelessness is the sum total of our dreams, policies, intentions, errors, omissions, cruelties, kindness, all of it recorded, in the flesh, in the life of the streets." (Marin 41). f:\12000 essays\law & government (233)\Womens Right to Vote.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The women's suffrage movement began in 1848 when a group of women met in Seneca Falls New York. These women issued what became known as the Declaration of Sentiments and Resolution s, and 11 pt. document outlining the demand for equal rights. Al of the articles of the Declaration passed except for the right to vote. It was widely believed at that time, that women were both physically and mentally inferior to men, and therefore should not have the right to vote. The Seneca Falls convention was organized by a group of women who had been active in the antislavery movement. When they were rejected as delegates to an abolitionist convention because of their sex, they vowed to turn their attention to women's rights. This convention attracted lots of attention from the press, mostly negative. One of the organizers, Elizabeth cady Stanton, welcomed even the negative attention. She said "It might start women thinking; and men to; when men and women think about a new question they the first step is taken. Because of their involvement in the abolitionist movement, women had learned to organize, to hold public meetings, and conduct petition campaigns. As abolitionists, women first won the right to speak in public, and they began to evolve a philosophy of their own place in society. When the 15th amendment, which gave black men the power to vote, was passed women became furious. Julia Ward Howe said "For the first time, we saw... every Negro man govern every white woman. This seemed to me intollerable tyranny." After the fifteenth amendment was passed, the women's suffrage movement turned its attention towards gaining the right to vote state by state. Susan B. Anthony, a leader in the movement, met a wealthy businessman named George Francis Train while campaigning in Kansas. He offered her the money to launch a suffrage newspaper. In return he would be allowed to write a column about economics. Thus the Revolution was born. It's motto was "Men, their rights and nothing more; women, their rights and nothing less." Lucy Stone and a group of conservative suffragists broke away from Anthony's National Woman's suffrage Association and founded the American Woman Suffrage Association. The NWSA attracted younger and more radical women who worked for a constitutional amendment to get the vote. The AWSA directed its efforts toward getting states to give women the right to vote. Anthony believed that this would take to long and tried to the the courts to declare that voting is the right of all citizens. She based this belief on the fact that the 14th amendment made women citizens. In 1872 she went to the polls and cast her ballet for president. Two weeks later she was arrested for voting illegally. Virginia Minor, a friend of Anthony's and president of the Missouri Woman Suffrage Association, tried to vote in 1872. The election registers refused to let her cast her ballet, so she brought a suit against them. She claimed that they had interfered with her right as a citizen to vote. The Supreme court ruled that the Constitution "does not confer the right of suffrage upon anyone, and that the constitutions and laws of several states which commit that important trust to men alone are not necessarily void." meaning that the Constitution does not give the right to vote to everyone and that the constitutions and laws of the states that only allow men to vote are not necessarily invalid. In 1878 Senator Aaron Sargent of California finally introduced the proposed the Sixteenth amendment which many people called the Anthony Amendment. This amendment stated "The right of citizens of the United States to vote shall not be denied or abridged by the United States or any state on account of sex." This amendment remained unchanged and unpassed for fourty-two years even though both the House and Senate committees favored it. Some argued that the amendment would destroy homes and break up families. Others argued that the vote would degrade women. Senator George C. Vest explained why he felt this way, "It would take her down from that pedestal where she is today, influencing by her gentle and kindly caress the actiuon of her husband towards the good and the pure." Meanwhile none of the dire consequences predicted by the antisuffragists had occured in the few states where women voted. In 1869 the Wyoming Territory adopted a constitution granting both men and women the right to vote. When they asked to join the union they were pressured to banish the women's right to vote. Wyoming stood firm and even adopted the motto "America will be a better place to live when women go to the polls." Until the early 1900's , only a few states, all of them western, had granted women the right to vote. By this time the two organizations had merged to form the National American Woman Suffrage Association. On June 4, 1919 women were finally granted the right to vote. Congress ratified the 19th amendment to the Constitution which stated that no citizen could be denied the right to vote "on account of sex". This victory was not only for women, but for democracy and the principle of equality upon which our great nation was founded. f:\12000 essays\law & government (233)\Woodrow Wilson.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Woodrow Wilson and His Ability To be an Effective President During Woodrow Wilson's two terms in office he showed to be a great democratic leader in many areas. He managed to accomplish a lot, despite his poor health that he had to deal with since his childhood. Wilson always had a strong interest in government and was always looking for changes and improvements. As president he was never afraid to show a bit of a radical side when it came to making changes. He was constantly pushing for world peace and the avoidance of World War I. Even though he was unsuccessful in avoiding the war he showed to be a great leader during it. He never gave up on anything he was trying to do. His last years of his life were dedicated to convincing the U.S. to join his League of Nations. Woodrow Wilson was born December 28, 1856. Through his childhood he was often sick. This did not keep him from building an interest in education. His father and him would read out loud to each other and discuss the books. If they were not reading often the two would sit and talk about recent events. He later moved onto college and studied American and British political history, public speaking, and law. After college he set up a law practice with Edward Renick. Because he had not learned the field of law thorough while in school, he showed a poor ability to be a lawyer. During this time he was in and out of sickness. ( 2 ) Wilson did not really want to be a lawyer. His main area of interest was in politics. His first taste of politics was during his term as Governor of New Jersey. He took this seat in office with sites of presidency two years later. He let this be known in a letter he wrote to a friend in June of 1910. In the letter he said this "It is immediately, as you know, the question of my nomination for the governorship of New Jersey; but that it is the mere preliminary of a plan to nominate me in 1912 for presidency."(Encarta 5). During his years as governor he showed that he could change his political attitudes. He learned to be a little more patient with other people. Before he found it "very difficult to work with people who opposed him, and was not receptive to the suggestions of friends who approved his ideals but trusted in slower or modified processes"(Encarta 4). This was shown more during his time of presidency at Princeton University. Wilson's more conservative student body and faculty showed a dislike towards his radical ideas. They did not like the ideas of changing the teaching style and living style. Because of this many of his ideas were turned down. When he first became president he pushed for equality of opportunity for all men, no matter if they were rich or poor (Collier's 509). He presented many new proposals to congress and often he presented these new proposals in person. Wilson also created new agencies such as the Federal Reserve Board and the Federal Trade Commission. He was also responsible for the ratification of the 18th Amendment. In 1920 during his second ( 3 ) term, he passed the 19th Amendment which allowed women to vote. During this time he was also pressured by the southerners to allow segregation in Washington D.C. He said that this would be in the best interests of the blacks. Woodrow Wilson did how ever show weaknesses during his presidency. During World War I he often took his time in making decisions. He wanted to make sure that there wasn't any other way to avoid the war. This was good that he was looking out after the interest of the country, but it could also have made the war worse. Wilson also was thought to be a weak president by ex-president Roosevelt (Encarta 6). During Roosevelt's time in office he helped Panama succeed from Colombia in return for rights to build the Panama Canal through their country. He thought it was very unnecessary to apologies to Colombia for helping the succession of Panama. Roosevelt believed that it showed Wilson's weaker side. Wilson did show a strong side in one area, world peace. All through his first term he aimed to prevent World War I. This was the war that was known as "the ware that would end all wars". He kept the U.S. neutral and often visited other countries trying to get them to agree on peace. Keeping the U.S. out of war was a great accomplishment and helped him win the 1916 election. But during his second term he found that he could not avoid the war any longer. The German's had said that they would attack any ship at sea. ( 4 ) It was only a matter of time until the German's attacked a passenger boat carrying war weapons. In this sinking 1100 civilians died, and in that eleven hundred 128 were Americans. Even though he believed war was wrong he could not let his personal feelings influence his decisions. He knew that this is what America had to do, and with this decision he addressed the people and gave his sympathies out to the families who had son's going to war (Collier's 510). On April 2, 1917 the United States went to war. The U.S. was not involved in the war that long on November 11, 1918 peace was signed and the war was over. The president was quite happy with this and presented a proposal that would help prevent war in the future. This proposal was called Wilson's 14 Points. In these 14 points he suggests that a League of Nations be formed. The League of Nations would have members from several countries come together and discuss problems in the world. Many countries liked the idea of a group who would try and prevent wars from happening. Wilson pushed the United States to join but because congress did not want to get involved in current affairs, they did not. Not giving up Wilson set out across the U.S. to tell everyone about the League of Nations and his 14 points. During this time he fought sickness, his wife continuously begged him to not travel anymore and to go home and rest. But despite his poor health he continued to travel America letting everyone learn more about the League of Nations. Soon though his health finally diminished so badly that he went back to Washington. After a few days he seemed to be okay, but then he passed out. When he came back around he was ( 5 ) paralyzed. He remained in bed for half a year. When he finally became well again it was too late, his health was to poor and he had become to weak. People did not see Wilson as the same man he used to be he was weak mentally and physically. He fell into his last illness and died February 3, 1924. Wilson was a very good leader during his terms of presidency. He showed great enthusiasm to stay out of the war and to create world peace. He showed that he cared for the people and that he would do just about anything to help them. Wilson learned to except other peoples opinions and to be open to new ideas from others. Even though war was not avoided he learned much from the experience and helped to create the League of Nations. With the creation of the League of Nations the United Nations was formed to take it's place. Wilson helped to create many new amendments, policies and agencies. All of his idea's were strong and even though some of them did work out, they helped to created stepping-stones for the presidents that followed. Without Woodrow Wilson we may not be the country that we are today. Works Cited 1. Colleir's Encyclopedia, Vol. 23. Ed. Bernard Johnston. 1994. 509-510 2. Microsoft Encarta '97 Encyclopedia Deluxe Edition. Subject Search: Woodrow Wilson. 1-15. f:\12000 essays\law & government (233)\Working Women and Family Life.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Many women today are facing choices that their mothers never had to face. One of these choices is whether or not to go back to work after having a child. This was practically unheard of in the 1950's. In the 1990's it is not whether the mother will or will not go back to work, rather a question of when. When did the choice become set in stone? Why do the mothers of today have to work outside the home versus working in the home, much like their mothers did. When one thinks of the subject of working mothers, many differing opinions come to mind. What will happen to the child, will the mother have sufficient time to bond with the baby, how will household chores be divided, and so on. When thinking of working women, two models come to mind. One of which is paid employment that has a protective and beneficial mediating effect. Employment protects women against certain negative aspects of being full-time homemakers and mothers, such as monotonous housework, dependence on the male partner for financial and emotional support, increases self-esteem because they are contributing to the world they live in. These women receive a renewed interest in life because they are in the thick of it. They are living life to the fullest. This model is the one that is constantly referred to as "bad" because it paints the woman as someone who does not really care about the effect of working will have on the baby. In fact, most of these mothers have made this choice with painstaking care. They are constantly feeling what everyone is thinking, and this in turn causes undue stress on these mothers. The other model of the working mom is the one most people think of when discussing working mothers. This model is one of a woman having too many demands of her --housewife, mother and paid employee - which may lead to role strain due to fatigue and role overload. The competing demands of such roles may also lead to conflict and psychological stress. Both of these models can be seen in the working mother at any given time. They are simply a fact of life, a by product of the world in which we live. Mothers are constantly jumping back and forth in these roles, striving to find a sense of balance. But is there such a thing? Most of the time the scales are tipped one way or another, there is never a true sense of balance. I believe this is how the mothers survive. If the scales were balanced, it would seem that they would either be cruel heartless women, simply concerned with their jobs, and caring less about their children. This is simply not the case. It seems that the ideal situation is when the father helps around the house, as to alleviate some of the stress the mother feels from working and the ability for the mother to have a flexible schedule. Role decisions within the family unit need to increase when the mother returns to work. In order for both partners to be happy and feel fulfilled, there needs to be a clear definition of roles with in the family unit. This is something that should be discussed and decided well before the mother returns to work. In making role decisions, the parents must somehow combine their perceptions of the rewards and costs associated with each role in order to determine which combination of roles will provide them with the best role position. In other words, they need to figure out what they can do best for the family when they both parents work. If this is accomplished, the family will function better as a unit, and stress will be alleviated for all. Another set back that is constantly facing working mothers is that their work is looked upon as optional, it is also viewed as less important than their partner's. When these attitudes are confronted, it makes the transition for the working mother all the more difficult. The constant backlash from the public makes these mothers feel so guilty that some may even quit just to alleviate the stress. In order for working mothers to feel needed, and to have their work mean something, others need to look upon their work as something substantial, something important, not simply an option. When workplaces provide flexible scheduling and childcare services, these are the first steps in getting working mothers into the workforce and alleviate their feelings of guilt. Many working mothers today are facing the reality of the "second shift". This is where they put in a full day of work at the office only to come home to start their "second shift", the one that entails all the housework and the raising of the family. Mothers feel that they have no choice in the matter, in order to be the "perfect" mother, they need to put in this shift, because it is their responsibility. But why is it their responsibility? Why does the father feel it is his right to come home and relax, when the mother is busy fixing dinner, and disciplining children. In order for the working mother to keep her sanity, the father needs to jump in and help with the chores that were previously held by the homemaker. In this day and age, the ideal homemaker is a thing of the past. Many women today want and desire careers and a place in this world. They want to stand on their own two feet, to become a self-sustaining individual, free of dependence on another individual. When the mother considers the idea of working and raising a family, many things need to be considered. The responsibilities need to be divided evenly so as to alleviate the stress that will evolve due to all the changes. For the working mothers, understanding is first and foremost needed in order for the psychological well being. They need to feel that their work is important, and necessary, and that they are not sacrificing their child's well being in order to benefit themselves. The danger involved is that the mothers could feel so guilty in working that they feel that they are abandoning their child to the caregivers that they are in contact with daily. The mothers need a support system in order to survive the roller coaster involved when they go back to work. If all these factors are taken into consideration, the transition to working mom will be that much easier for the entire family and the child will not suffer. Bibliography Brannen, Julia, Moss, Peter. Managing Mothers: Dual Earner Households After Maternity Leave. London: Unwin Hyman, 1991. Mahony, Rhona. Kidding Ourselves: Breadwinning, Babies, and Bargaining Power. New York: BasicBooks, 1995. Thomson, Elizabeth Jean. Employment and childbearing Decisions of Mothers of Young Children. Seattle, University of Washington, 1979. f:\12000 essays\law & government (233)\x civics ISU Violation of the Universal Declaration of Human Rights.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Violation of the Universal Declaration of Human Rights 1) All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. This is being violated because people are killing each other everyday in South Africa. This is clearly being violating because no one should walk down the street and be shot or mugged. 2) Everyone has the right to life, liberty and security of person. This is being violated because everyone is not in a secure environment. This is because constantly people break into each other's houses without thinking about laws or any punishment for doing this action. No one is living like they have the right to live. 3) No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference of attacks. This is being violated because when people are walking along the street and get mugged or rapped this is a deliberate act of invading space. This is why this right is being broken in South Africa. 4) No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. This is being violated because when people are getting murdered they are being tortured and treated in an inhuman way and this should not go on in any country. The cruel torture is one of the worst in the whole world. 5) Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. This is being violated because there are no laws about how much pay should be given. Children are also working at a young age for little or no pay and this is truly wrong. Businesses do not have rights in South Africa like they would have in countries like Canada. 6) Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Overall this right is broken which basically means that all South African are not getting the full benefit of the Universal Declaration of Human Rights. Every person in the world disserves to have these rights and the majority of people in South Africa do not have these rights and that is wrong. f:\12000 essays\law & government (233)\Young Offenders Act In Canada.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The subject of young offenders in our troubled society has been one that has generated many hours of thought and meditation for concerned members. It is felt by many that the change needed in the area of delinquency within the First Nations culture is to overcome the effects of colonization and this must begin with the youth. It is with the youth that the future of the culture lies. There has been extensive research done in this area and although much of the material is not directed at one specific culture in society, the facts remain that it is a problem that is growing in epidemic proportions. Many of the programs that exist in society today do not address the problems associated with young offenders of specific cultures. Although the trend is moving in a direction that addresses programs for specific cultural groups much more emphasis must be put on these programs. For First Nations youth that are locked into the juvenile system, there must be alternative treatment programs made available that deal with the problems associated with the colonization process that generations of First Nations people have been subjected to. The process of decolonization will only be achieved through education, understanding, and perseverance, and this can only be achieved by First Nations people working with First Nations people. As indicated earlier much research has been done on the problems associated with young offenders and the current treatment programs. In the following research some of the most recent and important pieces have been used and to eliminate repetition much has been deemed unnecessary. Bibliography Cooke, David J., Baldwin, Pamela J., Howison, Jacqueline. (1990). Psychology in Prisons. London: Routledge. In the second chapter of this book the authors explain in detail the psychology of criminal behavior and how it develops at a young age. Early environment of the adolescent, along with socio-economic status of the young offenders are but a few of the possibilities explored in this book. The authors explore the many influences that can shape the lives of young people, the influences of feelings and thoughts, others behavior, and surroundings, are all thought to shape the minds of the young offender. This publication will be primarily used to explore the history and causes of the subject of young offenders. Davidson II, William S., Rednor, Robin,. (1990). Alternative Treatments for Troubled Youth: The Case of Diversion From The Justice System. New York: Plenum Press. This publication presents the findings of a research study done on alternative interventions with delinquent youth. The authors goal in writing this book was to describe an alternative intervention model and to examine its workability in the existing system. The authors in their research show that the intervention programs in the past have been ones of failure. It is believed that the success of intervention programs must be researched in such a way that all variables are considered before a program is to be implemented. One of the major problems discovered in their findings is the lack of professionalism in the implementation of these intervention programs, hence many of the programs operating today are destined for failure. Griffiths, Curt T., Verdun-Jones, Simon N. (1994). Canadian Criminal Justice. Toronto: Harcourt Brace. This publication is a prime source of material as it covers a multitude of areas pertaining to young offenders. This book addresses some of the cultural issues such as policing and community aspects of the troubled youth. The author takes a close look into sensitizing the criminal system and addresses the problems of cultural awareness for the justice personnel. There is an excellent chapter in the book that looks at programs for youth in different parts of the country and explores the possibilities of alternative programs targeted for marginal peoples. Ottawa, Canada. (1993). Dept. of Justice. Toward Safer Communities: Violent and Repeat Offending by Young People. This journal was presented in an attempt to help the government re-establish their stand that they are addressing the problems of young offenders in the community. This publication was primarily focused toward strengthening the governments stand that they are moving in a forward direction. The material in the journal primarily points in the direction that the age for young offenders should be lowered for some offences and that stiffer penalties should be invoked for many repeat offenders. It was clear that this would be an excellent piece of material to use as a basis for the argument that the government is not moving in a positive direction to address the problems of repeat young offenders. Ottawa, Canada. (1986). Canadian Association for Children and Adults with Learning Disabilities. Learning Disabilities and the Young Offenders: Arrest to Disposition. This publication investigates how the young offenders act in many ways does not address adequately the special problems that some young offenders are faced with. Like those of the population with learning disabilities many young people are processed through the system without knowing the importance of these actions. It is made clear that even though the young offender is accompanied by a parent or adult, in some cases the parent or guardian also does not have the ability of understanding the seriousness and the legalities of the situation the child is in. The authors of this paper make it clear that there are some serious problems with this system and that safe guards must be implemented to ensure that as few as possible cases of this type slip through the system. This publication is an important piece as it shows clearly that improved systems are needed in dealing with the young offender, and that much of the process should be initiated within the family and community. Toronto, Canada. Canadian Bar Association - Continuing Legal Education. "Saturday, November 14, 1992." The Young Offenders Act: significant trends for the 90s. The articles that were presented in this issue is primarily directed at the increasing need for community involvement in the issue of juvenile delinquency and reforms necessary to control this problem. The articles tend to lead the reader to see that the community must become involved in the control of the young people. With the rise in juvenile crime it is a problem that evolves with each new law that is designed to protect the public. What was once a question of young teenagers has become a problem of children from the ages of seven years and up. One of the articles stated that each community should resume control of their young people and work with the families so that they can become more educated in the treatments and skills necessary to curb this problem. This article is important to this research as the information provided confirms the fact that the management of the young offenders must start in the home and community. Shwartz, Ira M. (1989). (In) Justice For Juveniles: Re-Thinking The Best Interests of The Child. Toronto: Lexington Books. The author of this book has worked in the juvenile justice area for over twenty years and has discovered that there is much needed work to be done to develop equality for juvenile offenders. The author believes that the juvenile system lacks the due process given to many of the adult offenders and therefore the rights of juveniles are violated on a regular basis. The author describes how rights are abused, the conditions of confinement, and how abuses and unprofessional practises are commonplace in detention facilities. This is an excellent publication that provides a factual basis for the need to develop treatment programs that are more in tune to the needs of the juvenile offender. Ueling, Harold F. (1973). Correction of a Correctional Psychologist in Treatment of the Criminal Offender. Springfield: Charles C. Thomas Publishing. The author of this book looks deeply into the need for evaluation and treatment of offenders at an early age. The author makes a stand that there are deep rooted problems within society that do not address the problems of youth. It is through this belief that the author sees the need to evaluate behavior traits of the young people at an early age. This publication will be useful in stating a case that treatment for criminal behavior should be initiated with the young people of society. West, Gordon W. (1984). Young Offenders and The State: A Canadian Perspective on Delinquency. Toronto: Harcourt Brice. The author of this book looks at the effects of labeling the young people and trapping them into a life of conflict. The book also addresses the theory of sociological effects on delinquency. The author addresses some of the current treatment programs and also the lack of cultural approaches to the problems of young offenders. This is one of the publications that will be of use in examining the current treatment programs to explore the needs of new programs that meet the needs of society. Wood, Arthur Evans; Waite, John Baker. (1941). Crime And Its Treatment. New York: American Book Company. Although this publication dates back the authors have made some valid discoveries in the approaches to the problems of crime and delinquency that have not changed over the years. The authors investigate the theory of the practice of punishment and delves into the extra-mural form of treatment like probation. The authors also make some concrete conclusions as to early interventions such as education, early diagnosis of mental disorders, and the strengthening of institutions such as the home, the church, and the school. f:\12000 essays\law & government (233)\Young offenders.TXT +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ YOUNG OFFENDERS These days more and more young people are turning to crimes. These crimes are being committed by young offenders of all ages. The crimes they are committing are get even more and more serious and in the last five years the percentage of youngsters committing more crime has increase by more then 50%. Young offenders are committing these crimes because the know that the punishment is real weak. If you ask me most young offenders think the young offenders act is a JOKE, and trust me I am a young person I know just as other young people. "A young offender is a person between the ages of 12-17. This person is a person who comities a crime and is given special rights. These right are less server then adults would get if they committee this same offenses." There are many cases where a young offender has got off much easier then a adult and no punishment at all. In one case in particular "A boy who was 11 years old who has been in trouble with the law before took a girl with him to his apartment with his gang and then raped her. Then when the police arrived he said you can not touch me" . This to me is very sad first off because he is only 11 years old and he raped a girl but the thing I found most shocking and the rest off the media was that when the police arrived he told them that they could not touch him. Even though he did committee the crime and he should have been charged but sadly e was right. This young offenders knows that the young offenders act is a joke and that is why he committed the crime. He could care less about what he did. Another case talking about the young offenders act is the James Bulger. " Had the murder of toddler James Bulger occurred in Canada, his killer would never been charged. Under the Canadian law, no child under the age of 12 can be charged with any criminal act, no matter how odious." This was a cases which created a lot of heated discussion about the young offenders act. The discussion was that the young offenders act has to be more strictly and changes are need. In another case a teen was charged for a murder. "An 18-year-old was killed with a baseball bat Tuesday after he was trapped at the entrance to a chopping mall in Hamilton by six youths out settle a grudge against his younger brother. Police charged a 15-year-old with second-degree murder." . This teen committed a crime of murder and got charged with second degree murder but if a adult had committed this offenses he would have got charged with first degree murder. Two teen got arrested and charged when they tried to hijack a bus. " A pair of grade 10 students armed with a knife and a gun tried to hijack a school bus from Osoyoos, B.C, to Ontario. A 16-year-old and a 17-year-old face kidnapping and weapons charges" . This is another typical example of what youth are doing and getting away with. If this was a an adult (a person over the age of 18) would have got charged with a much serious charge and would have had to pay a greater price. Youth court in Ontario is held at city hall. At youth court is so far behind because of all the crimes. Most youth have to wait a few months before actual going to court and by then the less serious cases are then thrown out (because of the delay). The days of youth going to play in the park, going to school, hang out are all come to any end. These times are being replaced by breaking the law in most cases and will remain so until the law is changed and the rules become more strictly. To most young people we believe the young offenders act is a JOKE.