Sunday, May 24, 2020

The Criminal Justice System - 2593 Words

In the criminal justice system there is very rarely a single linchpin that can be pointed to and held responsible for the failure to convict a seemingly guilty person. This reigns true for the very public prosecutions of both Casey Anthony and George Zimmerman. In the eyes of a vast majority of the public, fueled by media spectacle and opinion, Anthony and Zimmerman were guilty even before they ever saw the inside of a courtroom. There simply could be no other answer. The public was subsequently outraged when, after what seemed to be trials of certainty, juries acquitted each. The public sought to find someone, or something to blame. The verdict could not be accepted and many turned their focus to condemn the workings of the criminal†¦show more content†¦In each case we can seek to highlight what the defense did right, what the prosecution did wrong, the evidence in each case, the media s role, and how all of these things worked together to lead the juries to decide the way they did. Overview of the Cases It is important to start with a brief overview of the cases to re-familiarize the details and circumstances; for brevity, only an overview of each case is presented. In July of 2008, a 2-year-old Caylee Anthony is missing as her grandmother calls the police to report that her daughter s car smells as if it had contained a dead body (CNN, 2014a). When questioned about the whereabouts of her daughter, Casey Anthony admitted that she hadn t seen her in 31 days. She claimed that Caylee was with her nanny, Zenaida Fernandez-Gonzales (Hustmyre, 2014). One day after the 911 call Anthony was arrested on suspicion of child neglect, filing false official statements, and obstructing a criminal investigation, she was later released on bond; meanwhile Caylee is still missing (CNN, 2014a). In September of 2008 the police announced that they did not believe that Caylee was still alive, and in December their suspicions were confirmed (ABC News, 2011a). Anthony was to face trial for the murder of her daughter; prosecutors would seek the death penalty. Anthony s jury was sequestered throughout the trial, and after only 11 hours of deliberation they announced that they acquitted Anthony of any culpability in her

Wednesday, May 13, 2020

Education Has Changed The High Quality Education - 2792 Words

Background context Since early 2000s, education has gradually become one of largest service industry in Australia (Department of Education). Large number of students from all different parts of the world choose to come to Australia for its high quality education. Some of them are international students while many others are new immigrants. To be more specific, international enrolments occupied 13% of total VCE and IB (Year 11 and 12) enrolments in 2011 (VCAA, 2012) and 27% of the students are from language backgrounds other than English. This number has certainly grown over the last 4 years. It’s a clear indication that there are large number of students who are not native user of English in Victorian secondary schools. Those students came†¦show more content†¦As a result, those EAL students will struggle due to lack of understanding in the class and gradually lose their motivation to study when they compare themselves to other mainstream students. According to Fernesten (2008), EAL stu dents often fail to perceive themselves as an user of English, but instead they â€Å"reflect the conflict, struggle, and tension of differences in English†. Fernesten then further explained the term â€Å"differences in English† implies that EAL students will often compare themselves to native users of English, and have desire to gain â€Å"native-like language competence† as their goal. However their desire of achieving ‘native-like competence’ do not enhence their language ability, but instead sets a barrier between EAL students and other mainstream students as they (EAL students) see themselves being different from mainstream students and would often exclude themselves from class participation as they afraid of make mistakes in the class. This has significanrly limited their learning in the class. From the same research, Fernesten (2008) concluded that majority of EAL students â€Å"feel inferior to native user of English and see themselves as outsiders†. This will be particularly problematic for schools with large number of EAL enrolments. As a result, many schools have launched various learning support and inclusion policies to accommodate such problems. Policy Artefacts My last placement school is a prestigious

Wednesday, May 6, 2020

Forfeiture Clauses in Construction Contract Free Essays

string(61) " on and to follow its actual wording as closely as possible\." In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. â€Å"Forfeiture clause† is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractor’s employment under it, or to eject the contractor from the site, or otherwise to take the work substantially out of his hands. In standard form building contracts it is usually referred to as ‘determination of employment’ or termination. We will write a custom essay sample on Forfeiture Clauses in Construction Contract or any similar topic only for you Order Now In this sense JCT SBC 05 clauses 8. 4 and 8. 9 which relates to termination by employer and contractor respectively are forfeiture clauses. It is common in construction contracts to find determination clauses allowing either side to bring their contractual obligations to an end should an event specified occur due to the actions or inactions of the other. It would seem that common law determination and determination under a clause of contract are alternatives. There are differences between the processes. First, whereas common law determination depends upon repudiatory conduct or a fundamental breach, the grounds of determination specified by the contract need not exhibit these features, although frequently such will be present. Second, the remedies for common law determination are provided by law, whereas with a contractual determination the clause itself must expressly deal with the issue of remedies. Third, at common law in the face of repudiatory conduct or fundamental breach the innocent party need only indicate to the other that he accepts the breach and considers the contract discharged. Under a contractual determination clause the procedure specified must be carefully followed, failure to so may prevent a successful determination. The right of forfeiture may be stipulated to accrue either 1) on the bankruptcy of the contractor only, or ) on his bankruptcy and also on the occurrence of other events, or 3) on the occurrence of other events only Clause 8. 5. 1 of the JCT SBC 05 states that if the contractor is insolvent, the employment may at any time by notice to the contractor terminate the contractor’s employment. Similarly Clause 8. 10. 1 of the JCT SBC 05 states that the employer is insolvent, the contractor may by notice to the employer terminate the Contractor’s employment under the contract. A provision empowering the employer to forfeit the contract on the bankruptcy of the contractor is introduced into building and engineering contracts for the purpose of preventing a contractor’s trustee in bankruptcy from electing to complete the contract, and such a provision is valid, if it is coupled with a stipulation that the contractor’s contract shall be a personal one; and further, so far as the forfeiture affects the mere licence of the contractor to enter upon the site, it would seem that the revocation of that licence can be conditioned on bankruptcy, as a mere licence does not seem to be included in the definition of property[1]. A trustee, however, would be entitled to enter the site to remove property of the bankrupt in respect of which the employer had no right under the contract The validity of a right to forfeit on the bankruptcy of the contractor is dependent on the nature of what is stipulated to be forfeited. In addition to bankruptcy, forfeiture is usually conditioned upon the happening of one or more of the following events: 1)not commencing the work 2) not regularly proceeding with the work for a fixed number of days[2], 3) not proceeding to the satisfaction of the employer or the architect[3], 4) not proceeding with such despatch as, in the opinion of the architect, will enable the works to be duly completed by the time stipulated, 5) not observing some stipulations of the contract[4] 6) leaving the works in an unfinished state, or 7)failing after proper notice to rectify defective work, 8) not maintaining the works[5] JCT 05 SBC Clause 8. states: 1. Notice of termination of the Contractor’s employment shall not be given unreasonably or vexatiously. 2. Such termination shall take effect on receipt of the relevant notice 3. Each notice referred to in this section shall be given in writing and given by actual, special or recorded delivery. Where given by special or recorded deliv ery it shall, subject to proof to the contrary, be deemed to have been received on the Second Business Day after the date of posting. Also Clause 8. 3 of the JCT 05 states: 1. The provisions of clauses 8. 4 to 8. 7 are without prejudice to any other rights and remedies of the Employer. The provisions of clauses 8. 9 and 8. 10 and (in the case of termination under either of those clauses) the provisions of clauses 8. 12, are without prejudice to any other rights and remedies of the contractor. 2. Irrespective of the grounds of termination, the contractor’s employment may at any time be reinstated if and on such terms as the parties may agree The requirements of the contract must be properly complied with, for the courts construe forfeiture clauses strictly[6], and a wrongful forfeiture by the employer or his agent normally amounts to a repudiation on the part of the employer[7]. There must be some definite unqualified act showing that the power has been exercised, although writing or other formality is not necessary unless expressly required. The contract may also require a certain notice to be given, and that such notice must set out the default complained of[8]. In appropriate circumstances the notice may be of a general character and need not necessarily refer to the number of the clause which is being invoked, provided that there is no doubt that it is exercising or purporting to exercise the contractual power of determination[9]. But it is obviously preferable to state explicitly the clause relied on and to follow its actual wording as closely as possible. You read "Forfeiture Clauses in Construction Contract" in category "Papers" It also seems that if a material statement in such a notice is made recklessly, without an honest belief in its truth, the notice is a nullity. Forfeiture in reliance on such a notice would be ineffective and would normally amount to repudiation by the employer. When an event occurs which gives rise to the right to forfeit, the power of forfeiture must be exercised within a reasonable time or the employer will be deemed to have waived his ight unless the event is a continuing breach of contract. Where the contract provides for termination of the contract by a warning notice followed by a termination and two notices have been served, a party can only rely on that provision if an ordinary commercial businessman can see that that there is a sensible connection between the two notices b oth in content and in time as seen in the case of Architectural Installation Services v James Gibbon Windows[10] Also, where the contract provides for completion by a certain date and also provides for forfeiture for delay, and the completion date has passed, it is a question of construction whether the forfeiture clause for delay can still be enforced. Thus where the object of the clause was to enable the architect to â€Å"have the means of requiring the works to be proceeded with in such a manner and at such a rate of progress as to ensure their completion at the time stipulated† it was held that the clause did not apply after the completion date[11]. But in another contract where the clause provided â€Å"for the execution of the work with due diligence and as much expedition as the surveyor will require†, it was held that the clause was as much applicable to the fulfilment of the contract within a reasonable time as to its completion by the contract date. The parties may agree that any consequences may follow the exercise of a right of forfeiture[12], provided there is no illegality, nor fraud on the bankruptcy law, and the clause is not so onerous that it will not be enforced on the grounds that it is a penalty[13]. The employer is usually given the right to take possession of the site and complete the works. In addition, there is frequently a clause vesting the property in unfixed materials, and perhaps plant, in the employer, or there may be merely a right to seize the materials[14] or hold them by way of lien[15] until they are built into the works, or there may be clauses giving the employer rights to use the contractor’s plants and materials[16]. Where the contractor is guilty of any of the defaults specified in clause 8. . 1 JCT 05 SBC, the contract administrator is to issue a written notice specifying the default. If the default is then continued for 14 days, the employer may within 10 days of the continuance terminate the contractor’s employment by using a notice to this effect. Furthermore, if termination does not take place on this occasion, any subsequent repetition of a specified default gives the employer the right to terminate immediately; there is no need (and indeed no power) to issue a second default notice. 17] It is also expressly provided under clause 8. 2. 1 that a notice of termination is not to be given ‘unreasonably or vexatiously’ When an employer, in exercise of his rights under a forfeiture clause, enters and completes the work and uses the contractor’s materials or plant, or holds retention money due to the contractor, he must, subject to the provisions of the contact, account to the contractor. He will have to show that that the materials and plant and money were expended reasonably[18]. The Court, it would seem ,as seen in Fulton v Dornwell[19], will make full allowance for extra cost caused by the disruption and delay occasioned by the contractor’s default. Also, where the employer determines the contract under a forfeiture clause because of some breach of contract by the contractor, the employer’s right to damages depends upon the wording of the contract. He may not be entitled to the enhanced cost of completing by another contractor if the breach for which he determined the contract did not amount to repudiation and the contract does not so provide. 20] Termination of contract was examined in the recent case between Ellis Tylin ltd v Co-operative Retail services[21]. Co-operative Retail services Ltd (CRS) is a national retailer which operates from approximately 730 premises across the country. In early 1996 it contracted with Ellis Tylin the task of maintaining and repairing mechanical and electrical plant within its various premises. The contract w as for a period of three years with provision for revision of rates of payment at the end of the first and second years. Disputes arose as to the scope and responsibility for works carried out under the agreement and the operation of the contract came to an end three months after the end of the first year. Clause 1. 8 of the agreement concerned the review of fees for the maintenance services and the rights of either party to terminate the contract in the event that agreement could not be reached. Disputes arose as to whether the proper mechanisms for termination had been applied and the court was asked to consider these questions as preliminary issues. It was acknowledged that the right of Ellis Tylin to end the agreement pursuant to clause 18 only arose if Ellis Tylin first took the action described within that clause. This involved making a written proposal for the revision of the amount of the fees after the expiry of ten months from the date of commencement of works. CRS argued that Ellis Tylin had failed to follow this procedure. Counsel for CRS submitted that clause 1. 8 of the contract should be construed either as a determination clause or as a break clause comparable to the type of provision found in leases. Strict compliance was required. The act of contractual determination was one which deprived the other party of the benefit of the contract it had concluded. His honour Judge Bowsher QC reviewed textbooks on the subject of contractual termination. In Chitty on contracts (27th edition)[22], it was stated â€Å"the terms of the of the termination notice may provide that notice can only be given after a specified event†. In the Interpretaion of contracts by Kim Lewison QC[23], it is stated â€Å"An option to terminate is construed in the same manner as any other option, and accordingly any condition must be strictly complied with. Any condition precedent must be strictly fulfilled. The clause must be exercised strictly in accordance with its terms†. Also Hudson’s Building and Engineering (11th edition) states[24], â€Å"Exact and meticulous compliance by the determining party with any formal or procedural requirements laid down in the termination clause, for example, as to notices or time limits, will usually be required if a contractual termination is to be successful† Judge Bowsher added however, that words in a contract should be given a natural and ordinary meaning and he quoted Lord Diplock when he said in Antaios Cia Naveira SA v Salen Rederierna AB[25]: â€Å"if detailed semantic and syntactical words in a commercial contract is going to lead to a conclusion that flouts business common sense, it must be made to yield to business common sense†. Judge Bowsher concluded that whilst Ellis Tylin had given notice earlier than the time period set down in the contract, there could be no doubt of the intention that negotiations should take place for a revision of the fee. Taking into account all the evidence he concluded that Ellis Tylin had given valid notice of termination of agreement. However, subsequent evidence showed that the parties had in fact agreed revision to the fees to be submitted to the second year of the contract. Accordingly the notice of the termination had been overridden, and could not be regarded as a valid notice. By ceasing to work following expiry of its invalid termination notice, Ellis Tylin had repudiated the contract. The wrongful operation of a termination clause (i. e when you are not entitled to) amounts to repudiation. A contractual power of determination will be wrongly exercised if the events upon which it is conditioned are not established (unless the contract provides for that question to be concluded by a binding opinion or certificate). In the great majority of modern contracts the question will be subject to review by an arbitrator or the courts, however; and it has also been seen that the courts have, under some clauses, been prepared to imply a term that the exercise of the power itself should be reasonable as seen in Renard Construction v Minister of Public Works[26]. Contractual determinations will also be wrongful if exercised prematurely in breach of a contractual time limit, however marginally. It is an unavoidable feature of construction contracts that an employer’s purported determination will in nearly all cases constitute a repudiatory breach, if whatever the general merits, it later transpires that the determination was invalid. In such a case, if the contractor has accepted the repudiation by leaving the site, the owner will be liable for the possible heavy damages attendant upon repudiation and cannot, if he discovers his mistake, restore the contract status quo ante without the agreement of the contractor. The purported exercise of a power to forfeit may be invalidated either by reason of the fact that the events upon which it is conditioned have not occurred; or, that a correct notice has not been given[27], or that that a sufficiently clear election to exercise the right has not been made, or that there has been a been delay or other conduct recognising the continued existence of the contract after knowledge of the breach, if the breach is not a continuing one. Generally, the measure of damages in the case of a wrongful forfeiture falls to be determined by the ordinary common law rules. Per Lord Cranworth in Ranger v G. W. R. y,[28]: â€Å"The right of the appellant (the contractor) would be to recover such amount of damages as would put him in as nearly as possible the same position as if no such wrong has been committed-that is, not as if there had been no contract, but as if he had been allowed to complete the contract without interruption† In Smith v Howden Union (1890), the plaintiff had nearly completed a sewerage contract and the engineer fraudulently refused to certify. The defendants took possession of the works and certain plant. It was held that the plaintiff was entitled to damages for prevention of completion, such damages being what he would have been entitled to if he had completed and the engineer had certified; and judgement was given for the unpaid balance of the contract price, extras properly ordered, extras properly certified, and the value of the plant seized. The principle remedy for any breach of contract is an award for damages. As a general principle, where an employer is guilty of a breach of a construction contract, the contractor is entitled to damages under two headings. The first is damages for any actual loss that has been suffered, and the second is damages for any profit of which the contractor had been deprived. Where the employer’s breach is sufficient to justify the contractor in terminating the contract, the contractor is entitled to damages reflecting everything which would have een received under the contract, or proportion of it that remains outstanding at the date of termination, less what it would have cost the contractor to complete the work. It has been clearly established that the damages should include the profit element on work remaining to be done as seen in the landmark case of Wraight Ltd v P H T (Holdings) Ltd[29]. Where, however, the contract is one which the contractor had under-priced and on which t he contractor would thus have made no profit, only nominal damages will be awarded for the employer’s breach. This is because as seen in CP Haulage v Middleton[30], an award of damages should not put the claimant in a better position than if the contract had been performed. But if this procedure was relentless pursued it would lead to a party in default having to pay ‘for all loss de facto resulting from a particular breach however improbable, however unpredictable’. [31] The courts therefore set a limit to the loss for which damages are recoverable, and loss beyond such limit is said to be remote. The famous rule as stated in the case Hadley v Baxendale[32] is: Where two parties have made a contract which one of them has broken the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either (1) arising naturally, i. e according to the usual course of things from such breach of contract itself, or (2) such as may reasonably be supposed to have been in the contemplation of both parties at th e time they made the contract, as the probable result of the breach of it† This is demonstrated in the case of Balfour Beatty Construction (Scotland) Ltd v Scottish Power Plc[33]. The claimants there, who were constructing a concrete aqueduct over a main road, installed a concrete batching plant and arranged for the defendants to supply electricity to it. The claimants needed to pour all the concrete in a single continuous operation and so, when the electricity supply failed, the claimants had to demolish all the work which had been done. Unsurprisingly, it was held that while the defendants were clearly in breach of contract because of the power failure, they were not liable for the extra losses nvolved in the demolition and reconstruction, since the claimants had not informed them that a continuous pour was essential. It has long been established that contractor’s claims for loss and expense under express contractual provisions are assessed in exactly the same way as damages for breach of contract. Any disruption to the regular process of work under a contract may lead the contractor to incur administrative costs, such as the diversion of managerial t ime and effort, at head office. If so, these costs may justifiably be claimed, but it will not be simply assumed that such losses have been suffered. They must be specified and properly supported by the evidence, for example by records of the time spent by individuals in dealing with the particular problem[34]. Where the contract period is prolonged by something for which the employer is contractually responsible, the contractor may may also seek to claim in respect of general office overheads. When making application for the head office overheads part of loss and/or expense under Standard Form Building Contracts, contractors often base their claim on a formula. The Courts have never given approval to the use of formula in this way although they have accepted the use of formulae in certain cases which generally were decided on their own facts. Indeed, the courts have tended to disapprove formulae unless as a last resort or the parties have agreed their use as seen in Alfred Mc Alpine Homes North Ltd v Property Land Contractors Ltd[35]. Actual costs are normally required. Claims for head office overheads are essentially claims for lost opportunity to contribute to those overheads, because the overheads do not actually change or, if they do, the amount of any extra overheads directly resulting from the delay can be claimed separately. Formulae assume a healthy construction industry and a contractor with finite resources with the result that if he is delayed on a project, he will be deprived of the chance to take other work. Where the industry is sluggish or where the contractor is so large that turning away work does not arise, the latter will face difficult problems in showing the lost opportunity[36]. There are several formulae in common use notably Emden formula, Eichleay formula and Hudson formula. Also a contractor who has accepted the wrongful repudiation is not restricted to suing for damages for breach on contract. He may, as an alternative, where he has elected to treat the contract as rescinded, sue upon a quantum meruit. The expression quantum meruit means â€Å"the amount he deserves† or â€Å"what the job is worth†. A quantum reuit clause claim is one in which the contractor seeks payment of the reasonable value of work done for the employer. Where the employer is in breach of contract, the crucial question is whether the contractor in such circumstances can simply ignore the contract and instead claim a reasonable sum for all the work done, even if this means that the contractor recovers more than what would have recovered under the contract. In the situation where there is a contract, then the issue in a Contractual Quantum Meruit claim is either the measure of the â€Å"reasonable sum† or the interpretation of similarly wide express terms. The issue is whether the measure is on the basis of cost or market price. There appears to be no hard and fast rule. In the case of an express contract to do work at an unquantified price, the measure is the reasonable remuneration of the contractor Serck Controls Ltd. v Drake Scull Engineering Ltd[37]. In the case where there was a contract, the assessment of a quantum meruit was usually based on actual cost which would include on and off site overheads provided that it was reasonable and was reasonably and not unnecessarily incurred, plus an appropriate addition for profit[38] Judge Bowsher QC in Laserbore Ltd v Morrison Biggs Wall Ltd[39] had to decide the meaning of the term â€Å"Fair and reasonable payments for all works executed†. He considered that the costs plus basis was wrong in principle even though in some instances it may produce the right result. The appropriate approach was to adopt general market rates. How to cite Forfeiture Clauses in Construction Contract, Papers

Tuesday, May 5, 2020

Business Plan of a Café Classic Coffee

Question: Describe business plan of a classic coffee caf. Answer: Classic Coffee is a coffee shop located in Frankston, Victoria. It will owned by Mr. J. Citizen. The product range will include different type of coffees as well as bakery products (Abrams, 2003). The company will focus on offering freshly prepared superior quality food and beverages along with excellent service (Blackwell, 2011). These two factors will be considered to be the core competencies of the business. Target market will include people belonging to middle income group and the age of 15 to 40. Prices of the products will be low in order to attract the target market. The ambience and the rich aroma of coffee ad baking will attract the people passing by the caf (Kienan, 2000). It has been anticipated that the demand will increase gradually in the first year of operation. The market is extensively competitive and in order to achieve sustainable growth in the dynamic Australian market, the caf needs to design effective marketing and operational strategies. The vision of the caf i s to become the most popular and preferred caf of Frankston (Fullen, 2005). The major goal of the caf in order to achieve long term growth includes the following: 1. Retention of the talented workforce in Classic Caf 2. Enhancing the quality of product and services continuously for satisfying the customers and achieve high level of customer loyalty (Abrams and Vallone, 2008). 3. Increase in customer base and average sales size by 20% each year. 4. Product differentiation 5. Enhancing stock control 6. Maintaining healthy relationship with the suppliers. 7. Adoption of sustainable business practices for supporting the society and environment. References Abrams, R. (2003).The successful business plan. Palto Alto, Calif.: Planning Shop. Abrams, R. and Vallone, J. (2008).Successful marketing. Palo Alto, Calif.: The Planning Shop. Blackwell, E. (2011).How to Prepare a Business Plan. London: Kogan Page. Fullen, S. (2005).Opening a restaurant or other food business starter kit. Ocala, Fla.: Atlantic Pub. Group. Kienan, B. (2000).Small business solutions. Redmond, Wash.: Microsoft Press.

Thursday, April 2, 2020

ADHD Diagnosis Relief and Fear for Others Essays

ADHD Diagnosis Relief and Fear for Others Essays ADHD Diagnosis Relief and Fear for Others Essay ADHD Diagnosis Relief and Fear for Others Essay Today, in the United States there are 5 million kids, adolescence and grownups that are diagnosed with larning disablements ( NCLD ) . There are no known factors that cause larning disablements ; therefore these disablements are non the consequence of economic disadvantages, environmental factors or cultural differences. To be labeled as holding a learning disablement is potentially stigmatising for both the person and household members MacMaster, Donovan A ; MacIntyre ( 2002 ) . Factors associating to being labeled can ensue in hapless socialisation accomplishments, academic failure, and cognitive shortages that might interfere with the development of the kid s self- regard. The National Center for Learning Disabilities ( NCLD ) classifies Attention Deficit Hyperactivity Disorder ( ADHD ) as a acquisition disablement where the person has a trouble remaining attentive, commanding his or her behaviour and is overactive. About one tierce of persons with larning disablements besides ha ve ADHD. There is a contention among pedagogues sing the injury a kid goes through when they foremost find out that there is something incorrect with them ; Timimi A ; Leo ( 2009 ) believe that a individual diagnosing relieves emphasis, defeat and frights from the parent when they are faced with the complex undertaking of their kid s instruction. For whatever ground, some parents push for their kid to be labeled merely in order to have single services. However, there has been a recent realisation of the upset and hence an addition in the figure of persons that are diagnosed for intervention of ADHD. The quality of services the ADHD kid receives can change harmonizing to each school territory. Unlike specific subject-based larning disablements such as linguistic communication, reading or math, the option of stimulating medicine could be used to assist handle ADHD. The intervention of ADHD remains controversial while the diagnosing and prescriptions of stimulating medicine has gone t hrough a steep addition in the past few decennaries in most Western Societies Timimi ( 2009 ) . The addition in the figure of ADHD diagnosing is due to the better apprehension of ADHD, and the alteration in the manner society classifies and trades with kids s behaviours. This alteration is a move from believing about a kid s behaviour as normal to believing that these behaviours are symptoms of a medical status. This paper argues that the usage of stimulating medicine should non be an option for the intervention of ADHD in preschool-aged kids because they are still developing and demand to larn to command their urges. For kids in simple school, behavioural intervention should be the primary class of action and stimulating medicine should be considered as the last class of action. It is necessary for both age groups to develop womb-to-tomb accomplishments that train the encephalon how to concentrate instead than merely ordering medicine that could potentially lose its authority over clip. What is ADHD? Rowland, Lesesne A ; Abromowitz ( 2002 ) , province that presently, ADHD is one of the most common neurodevelopment upsets of childhood. Daley, Jones, Hutchings and Thompson ( 2008 ) , describe ADHD as a continual form of inattention, impulsivity and hyperactivity that correlates with the kid s developmental province. These symptoms of inattention, impulsivity and hyperactivity typically arise in early childhood and can do cross-situational damage from place to school. Troubles include hapless ordinance of emotions, jobs with motor co-ordination and low defeat tolerance. Children with ADHD are at hazard of non developing appropriate socialisation accomplishments, may hold hapless academic accomplishment and hapless life-skills and this deficiency of basic accomplishments can transport into maturity. Those with ADHD tend to dawdle about two old ages behind their equals in societal development which explains why ADHD has co-morbidities with other psychiatric and developmental upsets i n about 30-70 % of kids with ADHD Rowland et Al. ( 2002 ) . These kids are more likely to see more societal rejection by their equals. Having ADHD is serious non merely to one s instruction, but to one s overall wellness. Those with ADHD are at an increased hazard for prosecuting in life endangering behaviours such as smoke, unprotected sex, intoxicant and drug maltreatment. It is reported that ADHD drivers have 50 % more moving misdemeanors and three times more accidents than the normal population Rowland et Al. ( 2002 ) . Woodard ( 2006 ) raises the concern that some parents and primary attention suppliers are discerning that stimulating medicine may ensue in a future maltreatment of illegal stimulation drugs. Children with ADHD usage more medical and mental wellness services than other kids because they are 10 times every bit likely to prosecute in ego inflicted hurt and twice every bit likely to run the hazard of serious hurt DiScala EL al.,1998. On a fiscal position, those wi th ADHD had twice the sum of medical costs and ten times the sum of outpatient mental wellness services compared to the normal population. Therefore, those with ADHD disproportionately use the mental wellness system. Monitoring and long term surveies on the effects of stimulating medicine are necessary in explicating a public wellness response and cut downing hazardous wellness behaviours. Rise in Diagnosis and Prescriptive Treatment of ADHD Timimi ( 2009 ) , states that in Western civilizations rates of diagnosing and prescriptions of psychiatric medicine for ADHD has dramatically increased in the last few decennaries. Rowland et Al. ( 2002 ) , indicates the progressively big figure of kids being treated for ADHD is a concern for the overall general populace and wellness functionaries. The rapid addition in the figure of kids being prescribed medicine connects back to the concern over whether the diagnosing is being made decently Rowland et Al. ( 2002 ) . Harmonizing to the National Institute of Mental Health, approximately 2 million kids have ADHD. Three quarters of these 2 million kids are identified as taking Ritaline, one of the more popular stimulation medicines used in the intervention of ADHD. In some of the more richness vicinities in the United States, it is noted that over 15 % of Caucasic male childs go toing simple school in are being treated with some signifier of stimulating medicine for ADHD. In 2005 ther e was a reported addition in baby doctors ordering an extra stimulation to the cocktail if the first medicine did non hold any important consequence on the kid s behavior Wolraich EL Al ( 2010 ) . The job is since there are no long term surveies on the effects of these medicines ; the long term hazard of medicating a kid throughout his or her school old ages is unknown. Another wellness concern is medication intervention is normally less effectual in existent universe scenes than in clinical tests even when conformity and side effects are apparent. Medication entirely does non normalise one s behaviour. Therefore, understanding those who respond ill to medicines is necessary so that other signifiers of intervention attacks can be developed ( Rowland, 2002 ) . Who is Performing the Diagnosis of ADHD Pediatric and household pattern doctors play an of import function in naming ADHD. Parents bring their kids into the doctor s office and merely a little part of kids will exhibit the overt symptoms of ADHD during the office visit Posey, Bassin A ; Lewis ( twelvemonth? ) ( 59 ) . Williams et al. , 2004 besides note that 45 out of 47A baby doctors surveyed reported ADHD as their most common diagnosing. It seems a speedy diagnosing in the baby doctor s office might be rushed and needs farther ratings since the kid might merely be holding a bad twenty-four hours. This is interesting since the diagnosing of ADHD is through proving done by multiple different beginnings including medical professionals and clinical ratings and trials. Rowland et al. , ( 2002 ) account for this is that the wellness attention system does non adequately counterbalance primary attention suppliers for mental wellness ratings. The links between primary attention suppliers and mental wellness specializers are ten uous and supply few inducements for supplying systematic follow ups after appraisal. Even when the DSM-IV standard is used in doing a diagnosing, it does non stipulate how studies from different information should be combined. The job lies in the deficiency of standardisation and continuity in this procedure that dramatically displacements who is considered a instance. Since there are about 2 million kids diagnosed with ADHD, means that on norm there will be at least one kid with ADHD in every schoolroom. ADHD affects kids across all environments, therefore alterations in the schoolroom are necessary as portion of a holistic attack to intervention. A A Sherman, Rasmussen A ; Baydala 2008, makes the correlativity that instructors and other school professionals are frequently the first to propose the diagnosing of ADHD.A Switching the profession who determines the diagnosing from doctors and wellness attention suppliers to instructors function can assist advance a positive collaborative attack to turn toing and handling ADHD.A Physicians now are sing teacher ratings when naming and handling their patients.A This coaction between wellness professionals, instructors and parents are of import factors while implementing intercessions. The job arises when wellness professionals create a intervention or intercession for their patient, without sing how in structors will accept the intervention. The chief job with instructors take parting in the intercession is the sum of clip required.A The degree of accomplishment and clip committedness necessary to put to death the intercession creates unneeded hazards for the other kids in the classroom.A Integrate this subdivision with above While school professionals harmonizing to Rowland et Al, ( 2002 ) are frequently the first group to detect marks of ADHD, kids are frequently non diagnosed by psychologists or head-shrinkers but instead, baby doctors or other primary attention providers.A In these instances, most primary attention doctors do non utilize the Diagnostic and Statistical Manual of Mental Disorders ( DSM-IV ) as a criterion when measuring ADHD.A Pediatric Research in Office Settings ( PROS ) has estimated that 62 % of clinicians based their diagnosing on clinical intuition or other non standardized signifiers of appraisals instead than the DSM standards for an ADHD diagnosing. Preschool Children Since more kids [ any manner to quantify this? ] are now traveling to some kind of school before kindergarten, it is natural for kids s alone behaviour to be picked up and characterized by professionals. In preschools, 2-5 % of kids are diagnosed with ADHD. Features of ADHD in this age group include heedlessness, hyperactivity and unprompted behaviours. Socially the kids do non listen to instructions, they have trouble sitting still, and they interrupt conversations and blunder out out inappropriate remarks. These features are riotous to the overall instruction of the pupils in the preschool category and these ADHD pupils are more likely to be suspended from preschools due to riotous behaviours Young A ; Amarasingh ( 2010 ) . xxxxxxxxxxxxxxxxx Covering With ADHD In the Classroom [ see prof s notes talk more by and large about ADHD in the schoolroom before the complications of multidisciplinary intervention programs ] Kyangha Lee s 2008, survey ADHD in American Early- Schooling: From a Cultural Psychological Perspective indicates that the debatable behaviour of the ADHD pupil interrupts the acquisition of the other kids in the schoolroom who deserve to learn.A The attending spent on the kid with ADHD creates such a distraction in the schoolroom that the instructor is so unable to learn the other kids particularly fixing the kids for required province accomplishment tests.A Therefore, it is necessary for everything to flux swimmingly so that all the pupils to larn the academic topics and fix for their tests.A In Kyungwa Lee survey ADHD in American Early Schooling, Jennifer, a 2nd class instructor explains how medication makes her twenty-four hours easier when those pupils have taken their medicine ( 429 ) . However, Jennifer states from a female parent s position the concern that her boy was non demoing his true personality with his medicine even though he was able to concentrate and learn.A Wh ile most instructors do non oppose medicine in serious instances, they do non like the thought of medicating pre-Kindergarten and Kindergarten children.A Deb, a pre- Kindergarten instructor, expresses her concern by stating kids are developing so much at this [ age ] so many things are traveling onaˆÂ ¦ and I think giving medicine to set an terminal to the job is non to the kid s benefit ( Lee, 2008, p. 428 ) .A Deb continues by explicating in some terrible instances medicine is necessary similar to the demand of insulin for a diabetic but merely if the diagnosing of ADHD is certain and interfering to a great extent with the kid s education.A While many instructors are concerned about noticeable riotous behaviours, there are some instructors who are more concerned about less seeable and inattentive behaviours. These inattentive kids are overlooked because they are frequently quiet and good but in world their heedlessness interrupt their ain personal acquisition. Carol, a Kindergarten instructor, describes these kids as off in [ their ] ain universe, playing with [ their ] shoe laces, or playing with the rug, or aˆÂ ¦looking at the wallaˆÂ ¦ and non listening or paying attending to what s traveling on ( Lee, 2008, p. 421 ) . With this immature age group, instructors frequently try to avoid hyperactive-impulsive behaviours as a major symptom of ADHD since they are cognizant that these behaviours can be normal for immature kids three and four old ages of age. Preschool instructors have a difficult clip finding if the kid has trouble compared to a kid in simple school ; preschool aged kids are still larning how to command themselves and understand acceptable school behaviour such as how to sit and listen to a narrative. While it is characteristic for preschool pupils to miss self control, the manner the instruction environment is set up the deficiency of place work and prep in these age groups creates trouble for a instructor to distinguish a kid with ADHD from his normal equals ( Lee, 2008 ) . Expected gender features can take to misdiagnosing ADHD.A Boys tend to be over diagnosed due to their hyperactivity, while misss are under diagnosed because they do non move out as much.A Girls have societal outlooks of being quiet, dainty and proper.A They tend to sit down and be quiet while male childs are expected to be for unsmooth and boisterous. The bulk of instructors are more opposed to medicine for misss than male childs Lee 2008. In add-on, instructors are more likely to try behavioural techniques for misss compared to boys. Researchers argue that pharmaceutical intervention is used for advancing the outlooks of a boy codification for what are appropriate masculine behaviours which result in success and accomplishment in competitory acquisition and featuring environments. Ritalin is a manner of bring forthing better male childs by enabling them with the chance to gain A s and non B s in order to concentrate on the earnestness of constructing their hereafter Kindlon and Thompson ( 1999 ) . Lee 2008, shows that kids with ADHD are found across all economic degrees, civilizations and cultural backgrounds at the same rates. It is besides celebrated that those with ADHD tend to hold late birthdays in the school twelvemonth rhythm doing them the youngest in their class.A This might bespeak that portion of ADHD could be a adulthood issue because some kids can be up to a twelvemonth behind some of their schoolmates. If the big age spread is so, so no medicine could do a kid behave older than their age.A If a kid is biologically immature for their age group or even Acts of the Apostless younger, instructors so perceive these pupils as problematic, which in bend can take to labeling kids as pathological or sick.A Rogoff, 2003 describes how age is non tracked in many cultural communities in footings of age norms.A The job with Western schools is that they are connected in industrialisation that places value one s efficiency and productivity.A Develop these farther. Harmonizing to Mooney ( 2000 ) 60 % of those with ADHD and or Learning Disabilities end up in gaol, while 80 % terminal up in the mental infirmaries. [ Is this right? ] This dismaying statistic demonstrates that this job is more than an issue in the schoolroom. The fact that so many kids with larning troubles end up in gaol and or the mental establishment shows that this is a public issue because some former pupils could be menaces to society. It is of import to stress that non every kid with ADHD is traveling to turn up as a menace to society, and if they do, it that does non intend that they are in gaol for slaying. It could merely be the fact that since some did non graduate high school, they might hold trouble set downing a occupation to back up them and as a consequence have to back up themselves by other agencies. Pharmacological Treatment of ADHD However, the intervention of ADHD during pre school old ages is widely controversial because of recent medicine tests. The Preschools with Attention-Deficit/Hyperactivity Disorder Treatment Study ( PATS ) [ in what twelvemonth? ] was the first controlled test to measure the safety and efficaciousness of Ritalin ( one of the active ingredients in stimulating medicine ) in kids between 3 and 5 old ages old. This test was configured to measure the short-run efficaciousness and long term safety in preschool kids with ADHD. Thirty per centum of the participant s parents reported moderate to terrible inauspicious side effects such as emotional jobs sleep issues, decreased appetency and crossness. These side effects were doing excessively much injury for some so that 11 % of the participants dropped out of the test due to the unbearable side effects ( Daley, Jones, Hutchings A ; Thompson ( 2008 ) . This shows that one of import concern for medicine is the study of unwanted side effects. S ome of these side effects include clinginess, melancholy, and crossness, backdown in drama, decreased appetency and difficultly kiping. Another survey done by the Preschools with Attention-Deficit/Hyperactivity Disorder Treatment Study ( PATS ) sponsored by the National Institutes of Mental Health showed the correlativity between stimulating medicine and growing deceleration with important diminutions in tallness and increase in rate of weight addition in kindergartners. Posey, Bassin A ; Lewis ( twelvemonth? ) Preschoolers who remained on stimulations experienced a 20 per centum lessening in expected tallness addition and a 50 five per centum lessening in expected weight addition ( Timimi, 2009 ) . Harmonizing to the NIMH, these pupils are more susceptible to inauspicious drug side effects such as reduced socialisation, appetite suppression, weariness, sleep jobs and temper deregulating, with troubles such as dysphasia and crossness to a point where parents end up taking to stop t he medicine and describe some concentration betterment. As many as150, 000 kids ( 1.5 % of all preschool kids ) are taking stimulations, tranquillizers, antidepressants or antipsychotic drugs. This tendency non merely indicates the addition of kindergartners taking medicine, but besides shows they are likely to take medicine for longer periods of clip [ than who or what? ] ( Posey et al. ) . When taking a medicine attack for a preschool aged kid it is necessary to see a figure of factors such as rapid cardinal nervous system development, higher rates of inauspicious effects, affected emotional and cognitive developments, linguistic communication and developmental degree and the fact that about all medicines for ADHD are non FDA approved for kids less than five old ages of age ( Posey et al. ) [ day of the month, page ] . It was one time believed that the critical periods of neurodevelopment were limited to gestation and babyhood. Now, nevertheless, it is considered a procedure that remains throughout a individual s lifetime. Therefore, with this information, exposures to environmental toxins, including pharmaceuticals, can ensue in a diminution in cognitive or behavioural maps. Presently, in the field of neuroscience and developmental psychological science, the importance of protecting the normal development of young persons and teens has increased for two grounds. First , the importance of maximising the encephalon growing in childhood straight correlates with the addition of intelligence and decreases the badness of dementedness in the ulterior phases of life. [ beginning of old statement ] This rational and emotional adulthood depends on the white affair called medulla in the encephalon. Finally, if medicine is present, it may forestall the catch-up growing in the encephalon from the normal development, which has been linked to long term shortages in grownup knowledge ( Timimi, 2009 ) . While all these side effects are true, instructors tend to concentrate more on the positive than negative effects of medicine. These positive effects centre on being successful and working in school. The instructor s position of positive effects fit into the cultural beliefs about the independent ego as stable and in control. Because of the manner that the school system is set up, there are limited ways for a kid to prosecute in originative look in school. [ is this Anna s sentiment or a fact? ] The instructors perceptual experience of medicine is that it helps the pupil to be in control of their emotions is short sighted. The accent on accomplishment in standardised trials deprives kids of the chance and clip to foremost develop ego control and ego subject. The manner the school system is presently set up, instructors start in the incorrect topographic point by stressing on what pupils can non make or make non cognize. There must be a better system that builds a kid s self-respect on strengths, accomplishments and abilities to prosecute the whole individual to their greatest potency. There needs to be less of a push to label kids with everything they struggle with and turn disablements into something everyone can easy work with, on occasion work about, and sometimes turn into a strength? [ cheque quote does it truly hold a inquiry grade? ] ( Lee, 2008 ) . Summarize up this subdivision and passage to following subdivision. Non-pharmacological interventions This needs an debut Since there is much concern and uncertainness about the long term effects of stimulating medicine in immature kids, parent preparation for preschool kids must be the first measure in the intervention program. Parent preparation is the healthiest intervention since there are no chemical changes and the most lasting signifier of intervention since it develops one s accomplishments to modify their behaviour. Parental preparation purposes to learn parents to larn how to place and pull strings the ancestors and effects of a kid s behaviour. Harmonizing to Logian, Elbert, A ; Johnson ( 1998 ) , parent preparation besides includes how to treat, mark and to supervise debatable behaviours by honoring positive societal behaviours through congratulations, and positive attending while diminishing unwanted behaviours through planned clip out and other non physical disciplinary techniques. These are extremely structured plans that can run up to several hebdomads long. An illustration of a parent preparation plan is the Incredible Years Program which has been found to be effectual for preschool kids with early oncoming symptoms of ADHD every bit good as other behavior upsets. Parents that enrolled in this plan reported that they noticed lower degrees of inattentive and hyperactivity impulsive symptoms in comparing to parents who were in the control group. Harmonizing to Jones, 57 % of these kids had such an betterment with their intervention that they were no longer had symptoms to stay classified as ADHS and remained so at their 18 month follow up rating. This manner the ADHD symptoms are addressed by working with the parents to enable them to modify and heighten their parenting accomplishments in hopes of bettering the parent- kid relationship. Therefore, parent preparation purposes to learn parents how to place and pull strings a kid s behaviour, mark and proctor debatable behaviours, and how to honor with appropriate positive attending. The end of parent preparation is t he same as behavioural therapy but differs in the fact that the parent is the 1 to increase one on one contact and learn their kids schemes sing how to get by with job behaviours. Parent preparation plans are good in the intervention of ADHD because it helps parents go more competent in covering with their kid s behaviour. The ADHD NICE Clinical Guideline recommends that a similar parent preparation plan mentioned above demands to be the first line of intervention in preschool kids. Harmonizing to some parents, this topographic points emphasis that they are at mistake because it places incrimination that they lack rearing accomplishments or are bad parents. Alternatively, parents should see parent preparation as a manner to optimise their accomplishments to run into demands of their kids with ADHD ( Young A ; Amaraskinghe, 2009 ) . Once the kid matures and reaches school-age, peer relationships and emotional jobs may besides be present doing isolation, unpopularity, unhappiness, anxiousness and a lower sense of ego worth. These jobs lead to the kid holding jobs at school, societal scenes and with the household. Harmonizing to Daly, in this age group similar to preschool kids, the intervention should concentrate on the nucleus jobs of attending, impulsivity and hyperactivity control. In respects to this specific age group, parent preparation is besides the best non-pharmacological attack. In these kids the effectivity in handling ADHD has been evaluated in a big figure of surveies that demonstrate a decrease in symptoms including reduced degrees of household hurt. Using parent preparation in school age kids is supported by the NICE Clinical Guidelines which recommends the usage of parent preparation for kids up to thirteen old ages of age. The parent developing signifier of intervention is most effectual dependi ng on how you the kid is. The lone negative factor of parent preparation, is that it is found to be less good for kids whose parents besides demonstrate ADHD symptoms ( Young, 2009 ) . [ What about school-based intervention and therapy and/or reding? ] On a fiscal facet, the NICE Clinical Guidelines indicate the value of parent preparation as cost and resource effectual. Harmonizing to the MTA Cooperative Group, there is no compelling literature to back up that stimulating medicine is capable of bettering the long term effects of ADHD. Research findings have raised the possibility that stimulating medicines may hold a shelf-life which means that these medicines are merely good on a comparatively short term footing. Medication as a standalone intervention is non able to turn to the multiple mental wellness demands and damages associated with ADHD ( Tamimi,2009 ) . [ this subdivision is uncomplete ] Decision With any diagnosing amongst the wellness spectrum from HIV to larning disablements there are stigmas attached to the disease. In this instance, ADHD is no different. There needs to be an accent on parent preparation accomplishment groups to assist develop life long behavior accommodation and schemes instead than jumping sound over to medicine as the speedy hole. While some parents rush to acquire their kid diagnosed as an alibi to explicate their kid s behaviour, the quality of the kid s new life with this diagnosing must be taken into history every bit good. Children deserve more than merely a checklist and medicine. Each kid s symptoms must be to the full evaluated so that he or she can have the best and most appropriate class of intervention for their single demands. An rating should include a household appraisal and both educational and psychological testing. Parents can be supportive of their kids and advocator for their kids s demands to understand that non all the troubles req uires a pill or changing bad parenting. The convergence of both fiscal and social force per unit areas has created an ADHD industry [ explain this industry ] that does non ever function the best involvements of the kid ( Tamimi, 2009 ) . Mooney 2000, provinces if we think about the particular instruction industry, there are the pharmaceutical companies ready to do money off ADHD kid and physicians composing books on ADHD, but the job are that those kids are the 1s that have no voice. Children with ADHD should be engaged in intervention that supports personal command which will take them to better their self-pride instead than have a life-time label and day-to-day medicine. What is the benefit of labeling a kid with ADHD, a diagnosing that they do non needfully to the full understand at a immature age? The diagnosing makes kids experience stupid or messed up by honoring them by giving them their ain particular schoolroom or topographic point outside the schoolroom door on the linol eum floor for all the other pupils to walk and look at them like insects. The job is that we see kids as the job but the existent job lies with the manner we treat them. Daley, D, Jones, K, Hutchings, J, A ; Thompson, M. ( 2008 ) . Attention shortage hyperactivity upset in pre-school kids: current findings. recommended intercessions and future waies. Care, wellness, and development, 35 ( 6 ) , 754-766. DiScala C, Lescohier, Barthel M, et Al. 1998. Injuries to kids with attending shortage hyperactivity upset. Pediatricss 102:1415-1421. Lee, K. ( 2008 ) . Adhd in American early schooling: from a cultural psychological position. Early Child Development and Care, 178 ( 4 ) , Lonigan, G. , Elbert, JC. , A ; Johnson, S.B ( 1998 ) . Empirically supported psychosocial intercessions for kids: An overview. Journal of Clinical Child Psychology, 27, 138. Mooney, J, A ; Cole, D, ( 2000 ) Learning Outside the Lines New York, NY: Hearth Posey, W, Bassin, A ; Lewis. Preschool attention deficit disorder and medication..more survey needed. Journal Childhood A ; Infant Psychology, 57-77. Rogoff, B ( 2003 ) The Cultural Nature of Human Development. Oxford: Oxford Press Rowland, A, Lessesne, C, A ; Abramowitz, A. ( 2002 ) . The epidemiology of attending deficit/hyperactivity upset: a public wellness position. Mental Retardation and Developmental Disabilities, 8: 162-170. Sherman, J, Rasmussen, C, A ; Baydala, L. ( 2008 ) . The Impact of instructor factors on accomplishment and behavioural results of kids with Attention Deficit/Hyperactivity Disorder ( ADHD ) : a reappraisal of the literature. Educational Research, 50 ( 4 ) , 347-360. Tamimi, S. , A ; Leo, J. ( 2009 ) Rethinking ADHD from Brain to Culture. New York, NY: Palgrave Macmillan Wolraich, M, Stein, D, Rushton, J, OConner, K ( 2010 ) Pediatricians Attitudes and Practices on ADHD Before and After the Development of ADHD Pediatric Practice Guidelines. Journal of Attention Disorders, 13 ( 6 ) , 563-572. Woodard, R. ( 2006 ) . The Diagnosis and Medical Treatment of ADHD in Children and Adolescents in Primary Care: A Practical Guide. Primary Care Approaches, 32 ( 4 ) , 363-370 Young, S, A ; Amarasinghe, M. ( 2010 ) . Practitioner Review: Non-Pharmacological Treatments for ADHD: a Lifespan Approach. Child Psychology and Psychiatry, 51 ( 2 ) ,116-133.

Sunday, March 8, 2020

The Bill Of Rights

The Bill Of Rights Bill of RightsHow many rights do you have? You should check, because it might not be as many todayas it was a few years ago, or even a few months ago. Some people I talk to are notconcerned that police will execute a search warrant without knocking or that they set uproadblocks and stop and interrogate innocent citizens. They do not regard these as greatinfringements on their rights. But when you put current events together, there is informationthat may be surprising to people who have not yet been concerned: The amount of the Billof Rights that is under attack is alarming.Let's take a look at the Bill of Rights and see which aspects are being pushed on orthreatened. The point here is not the degree of each attack or its rightness or wrongness,but the sheer number of rights that are under attack.Andrew Jacobs / 20070811.10D.44747 / SML SkydiveAmendment ICongress shall make no law respecting an establishment of religion, or prohibiting the freeexercise thereof; or abridging the freedo m of speech, or of the press; or the right of thepeople peaceably to assemble, and to petition the Government for a redress of grievances.ESTABLISHING RELIGION: While campaigning for his first term, George Bush said 'Idon't know that atheists should be considered as citizens, nor should they be consideredpatriots.' Bush has not retracted, commented on, or clarified this statement, in spite ofrequests to do so. According to Bush, this is one nation under God. And apparently if youare not within Bush's religious beliefs, you are not a citizen. Federal, state, and localgovernments also promote a particular religion (or, occasionally, religions) by spendingpublic money on religious displays.FREE EXERCISE OF RELIGION: Robert Newmeyer and Glenn Braunstein were jailedin 1988 for refusing to stand in respect for a judge. Braunstein says the tradition of rising incourt started decades ago when judges entered carrying Bibles. Since judges no longercarry Bibles, Braunstein says there is no rea son to stand and his Bible tells him to honorno other God. For this religious practice, Newmeyer and Braunstein were jailed and arenow suing.FREE SPEECH: We find that technology has given the government an excuse to interferewith free speech. Claiming that radio frequencies are a limited resource, the governmenttells broadcasters what to say (such as news and public and local service programming) andwhat not to say (obscenity, as defined by the Federal Communications Commission[FCC]). The FCC is investigating Boston PBS station WGBH-TV for broadcastingphotographs from the Mapplethorpe exhibit.FREE SPEECH: There are also laws to limit political statements and contributions topolitical activities. In 1985, the Michigan Chamber of Commerce wanted to take out anadvertisement supporting a candidate in the state house of representatives. But a 1976Michigan law prohibits a corporation from using its general treasury funds to makeindependent expenditures in a political campaign. In March, the Supreme Court upheld thatlaw. According to dissenting Justice Kennedy, it is now a felony in Michigan for the SierraClub, the American Civil Liberties Union, or the Chamber of Commerce to advise thepublic how a candidate voted on issues of urgent concern to their members.FREE PRESS: As in speech, technology has provided another excuse for governmentintrusion in the press. If you distribute a magazine electronically and do not print copies, thegovernment doesn't consider you a press and does not give you the same protections courtshave extended to printed news. The equipment used to publish Phrack, a worldwideelectronic magazine about phones and hacking, was confiscated after publishing a documentcopied from a Bell South computer entitled 'A Bell South Standard Practice (BSP)660-225-104SV Control Office Administration of Enhanced 911 Services for SpecialServices and Major Account Centers, March, 1988.' All of the information in thisdocument was publicly available from Bell South in other documents. The government hasnot alleged that the publisher of Phrack, Craig Neidorf, was involved with or participated inthe copying of the document. Also, the person who copied this document from telephonecompany computers placed a copy on a bulletin board run by Rich Andrews. Andrewsforwarded a copy to ATT officials and cooperated with authorities fully. In return, theSecret Service (SS) confiscated Andrews' computer along with all the mail and data thatwere on it. Andrews was not charged with any crime.FREE PRESS: In another incident that would be comical if it were not true, on March 1 theSS ransacked the offices of Steve Jackson Games (SJG); irreparably damaged property;and confiscated three computers, two laser printers, several hard disks, and many boxes ofpaper and floppy disks. The target of the SS operation was to seize all copies of a game offiction called GURPS Cyberpunk. The Cyberpunk game contains fictitious break-ins in afuturistic world, with no technical i nformation of actual use with real computers, nor is itplayed on computers. The SS never filed any charges against SJG but still refused to returnconfiscated property.PEACEABLE ASSEMBLY: The right to assemble peaceably is no longer free you haveto get a permit. Even that is not enough; some officials have to be sued before they realizetheir reasons for denying a permit are not Constitutional.PEACEABLE ASSEMBLY: In Alexandria, Virginia, there is a law that prohibits peoplefrom loitering for more than seven minutes and exchanging small objects. Punishment is twoyears in jail. Consider the scene in jail: 'What'd you do?' 'I was waiting at a bus stop andgave a guy a cigarette.' This is not an impossible occurrence: In Pittsburgh, Eugene Tyler,15, has been ordered away from bus stops by police officers. Sherman Jones, also 15, wasaccosted with a police officer's hands around his neck after putting the last bit of pizza crustinto his mouth. The police suspected him of hiding drugs.PETITI ON FOR REDRESS OF GRIEVANCES: Rounding out the attacks on the firstamendment, there is a sword hanging over the right to petition for redress of grievances.House Resolution 4079, the National Drug and Crime Emergency Act, tries to 'modify' theright to habeas corpus. It sets time limits on the right of people in custody to petition forredress and also limits the courts in which such an appeal may be heard.Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of thepeople to keep and bear Arms, shall not be infringed.RIGHT TO BEAR ARMS: This amendment is so commonly challenged that the movementhas its own name: gun control. Legislation banning various types of weapons is supportedwith the claim that the weapons are not for 'legitimate' sporting purposes. This is aperversion of the right to bear arms for two reasons. First, the basis of freedom is not thatpermission to do legitimate things is granted to the people, but rather that the governme nt isempowered to do a limited number of legitimate things everything else people are free todo; they do not need to justify their choices. Second, should the need for defense arise, itwill not be hordes of deer that the security of a free state needs to be defended from.Defense would be needed against humans, whether external invaders or internaloppressors. It is an unfortunate fact of life that the guns that would be needed to defend thesecurity of a state are guns to attack people, not guns for sporting purposes.Firearms regulations also empower local officials, such as police chiefs, to grant or denypermits. This results in towns where only friends of people in the right places are grantedpermits, or towns where women are generally denied the right to carry a weapon forself-defense.Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of theOwner, nor in time of war, but in a manner to be prescribed by law.QUARTERING SOLDIERS: This amend ment is fairly clean so far, but it is not entirelysafe. Recently, 200 troops in camouflage dress with M-16s and helicopters swept throughKings Ridge National Forest in Humboldt County, California. In the process of searchingfor marijuana plants for four days, soldiers assaulted people on private land with M-16sand barred them from their own property. This might not be a direct hit on the thirdamendment, but the disregard for private property is uncomfortably close.Amendment IVThe right of the people to be secure in their persons, houses, papers and effects, againstunreasonable searches and seizures, shall not be violated, and no Warrants shall issue, butupon probable cause, supported by Oath or affirmation, and particularly describing theplace to be searched, and the persons or things to be seized.RIGHT TO BE SECURE IN PERSONS, HOUSES, PAPERS AND EFFECTSAGAINST UNREASONABLE SEARCHES AND SEIZURES: The RICO law is makinga mockery of the right to be secure from seizure. Entire stores of books or videotapes havebeen confiscated based upon the presence of some sexually explicit items. Bars,restaurants, or houses are taken from the owners because employees or tenants sold drugs.In Volusia County, Florida, Sheriff Robert Vogel and his officers stop automobiles forcontrived violations. If large amounts of cash are found, the police confiscate it on thePRESUMPTION that it is drug money even if there is no other evidence and no chargesare filed against the car's occupants. The victims can get their money back only if theyprove the money was obtained legally. One couple got their money back by proving it wasan insurance settlement. Two other men who tried to get their two thousand dollars backwere denied by the Florida courts.RIGHT TO BE SECURE IN PERSONS, HOUSES, PAPERS AND EFFECTSAGAINST UNREASONABLE SEARCHES AND SEIZURES: A new law goes intoeffect in Oklahoma on January 1, 1991. All property, real and personal, is taxable, andcitizens are required to list all their personal property for tax assessors, including householdfurniture, gold and silver plate, musical instruments, watches, jewelry, and personal, private,or professional libraries. If a citizen refuses to list their property or is suspected of not listingsomething, the law directs the assessor to visit and enter the premises, getting a searchwarrant if necessary. Being required to tell the state everything you own is not being securein one's home and effects.NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTEDBY OATH OR AFFIRMATION:As a supporting oath or affirmation, reports of anonymous informants are accepted. Thispractice has been condoned by the Supreme Court.PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED AND PERSONSOR THINGS TO BE SEIZED: Today's warrants do not particularly describe the things tobe seized they list things that might be present. For example, if police are making a drugraid, they will list weapons as things to be searched for and seized. This is done not becausethe police know of any weapons and can particularly describe them, but because theyallege people with drugs often have weapons.Both of the above apply to the warrant the Hudson, New Hampshire, police used whenthey broke down Bruce Lavoie's door at 5 a.m. with guns drawn and shot and killed him.The warrant claimed information from an anonymous informant, and it said, among otherthings, that guns were to be seized. The mention of guns in the warrant was used as reasonto enter with guns drawn. Bruce Lavoie had no guns. Bruce Lavoie was not secure fromunreasonable search and seizure nor is anybody else.Other infringements on the fourth amendment include roadblocks and the Boston Policedetention of people based on colors they are wearing (supposedly indicating gangmembership). And in Pittsburgh again, Eugene Tyler was once searched because he waswearing sweat pants and a plaid shirt police told him they heard many drug dealers atthat time were wearing sweat pants and plaid shir ts.Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on apresentment or indictment of a Grand Jury, except in cases arising in the land or navalforces, or in the Militia, when in actual service in time of War or public danger; nor shall anyperson be subject to the same offence to be twice put in jeopardy of life or limb; nor shallbe compelled in any criminal case to be a witness against himself, nor be deprived of life,liberty, or property, without due process of law; nor shall private property be taken forpublic use without just compensation.INDICTMENT OF A GRAND JURY: Kevin Bjornson has been proprietor ofHydro-Tech for nearly a decade and is a leading authority on hydroponic technology andcultivation. On October 26, 1989, both locations of Hydro-Tech were raided by the DrugEnforcement Administration. National Drug Control Policy Director William Bennett hasdeclared that some indoor lighting and hydroponic equipment is purchased by mari juanagrowers, so retailers and wholesalers of such equipment are drug profiteers andco-conspirators. Bjornson was not charged with any crime, nor subpoenaed, issued awarrant, or arrested. No illegal substances were found on his premises. Federal officialswere unable to convince grand juries to indict Bjornson. By February, they had calledscores of witnesses and recalled many two or three times, but none of the grand juries theyconvened decided there was reason to criminally prosecute Bjornson. In spite of that, as ofMarch, his bank accounts were still frozen and none of the inventories or records had beenreturned. Grand juries refused to indict Bjornson, but the government is still penalizing him.TWICE PUT IN JEOPARDY OF LIFE OR LIMB: Members of the McMartin family inCalifornia have been tried two or three times for child abuse. Anthony Barnaby was triedfor murder (without evidence linking him to the crime) three times before New Hampshirelet him go.COMPELLED TO BE A WITNESS AGAINST HIMSELF: Oliver North was forced totestify against himself. Congress granted him immunity from having anything he said to thembeing used as evidence against him, and then they required him to talk. After he did so,what he said was used to find other evidence which was used against him. The courts alsoplay games where you can be required to testify against yourself if you testify at all.COMPELLED TO BE A WITNESS AGAINST HIMSELF: In the New York CentralPark assault case, three people were found guilty of assault. But there was no physicalevidence linking them to the crime; semen did not match any of the defendants. The onlyevidence the state had was confessions. To obtain these confessions, the police questioneda 15-year old without a parent present which is illegal under New York state law. Policealso refused to let the subject's Big Brother, an attorney for the Federal government, seehim during questioning. Police screamed 'You better tell us what we want to hear andcooperate or y ou are going to jail,' at 14-year-old Antron McCray, according to BobbyMcCray, his father. Antron McCray 'confessed' after his father told him to, so that policewould release him. These people were coerced into bearing witness against themselves, andthose confessions were used to convict them.COMPELLED TO BE A WITNESS AGAINST HIMSELF: Your answers to Censusquestions are required by law, with a $100 penalty for each question not answered. Butpeople have been evicted for giving honest Census answers. According to the GeneralAccounting Office, one of the most frequent ways city governments use census informationis to detect illegal two-family dwellings. This has happened in Montgomery County,Maryland; Pullman, Washington; and Long Island, New York. The August 8, 1989, WallStreet Journal reports this and other ways Census answers have been used against theanswerers.COMPELLED TO BE A WITNESS AGAINST HIMSELF: Drug tests are beingrequired from more and more people, even when there is no pr obable cause, no accident,and no suspicion of drug use. Requiring people to take drug tests compels them to provideevidence against themselves.DEPRIVED OF LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS OFLAW: This clause is violated on each of the items life, liberty, and property. Incidentsincluding such violations are described elsewhere in this article. Here are two more: OnMarch 26, 1987, in Jeffersontown, Kentucky, Jeffrey Miles was killed by police officerJohn Rucker, who was looking for a suspected drug dealer. Rucker had been sent to thewrong house; Miles was not wanted by police. He received no due process. In Detroit,$4,834 was seized from a grocery store after dogs detected traces of cocaine on threeone-dollar bills in a cash register.PRIVATE PROPERTY TAKEN FOR PUBLIC USE WITHOUT JUSTCOMPENSATION: RICO is shredding this aspect of the Bill of Rights. The moneyconfiscated by Sheriff Vogel goes directly into Vogel's budget; it is not regulated by thelegislature. Federal and local governments seize and auction boats, buildings, and otherproperty. Under RICO, the government is seizing property without due process. Thevictims are required to prove not only that they are not guilty of a crime, but that they areentitled to their property. Otherwise, the government auctions off the property and keepsthe proceeds.Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, byan impartial jury of the State and district wherein the crime shall have been committed,which district shall have been previously ascertained by law, and to be informed of thenature and cause of the accusation; to be confronted with the witnesses against him; to havecompulsory process for obtaining Witnesses in his favor, and to have the assistance ofcounsel for his defence.THE RIGHT TO A SPEEDY AND PUBLIC TRIAL: Surprisingly, the right to a publictrial is under attack. When Marion Barry was being tried, the prosecution attempted to barLouis Fa rrakhan and George Stallings from the gallery. This request was based on anallegation that they would send silent and 'impermissible messages' to the jurors. The judgeinitially granted this request. One might argue that the whole point of a public trial is to senda message to all the participants: The message is that the public is watching; the trial hadbetter be fair.BY AN IMPARTIAL JURY: The government does not even honor the right to trial by animpartial jury. US District Judge Edward Rafeedie is investigating improper influence onjurors by US marshals in the Enrique Camarena case. US marshals apparently illegallycommunicated with jurors during deliberations.OF THE STATE AND DISTRICT WHEREIN THE CRIME SHALL HAVE BEENCOMMITTED: This is incredible, but Manuel Noriega is being tried so far away from theplace where he is alleged to have committed crimes that the United States had to invadeanother country and overturn a government to get him. Nor is this a unique occurrence; in amatte r separate from the Camarena case, Judge Rafeedie was asked to dismiss chargesagainst Mexican gynecologist Dr. Humberto Alvarez Machain on the grounds that thedoctor was illegally abducted from his Guadalajara office in April and turned over to USauthorities.TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION:Steve Jackson Games, nearly put out of business by the raid described previously, has beenstonewalled by the SS. 'For the past month or so these guys have been insisting the bookwasn't the target of the raid, but they don't say what the target was, or why they werecritical of the book, or why they won't give it back,' Steve Jackson says. 'They haverepeatedly denied we're targets but don't explain why we've been made victims.' Attorneysfor SJG tried to find out the basis for the search warrant that led to the raid on SJG. But theapplication for that warrant was sealed by order of the court and remained sealed at lastreport, in July. Not only has the SS taken property and ne arly destroyed a publisher, it willnot even explain the nature and cause of the accusations that led to the raid.TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM: The courts arebeginning to play fast and loose with the right to confront witnesses. Watch out foranonymous witnesses and videotaped testimony.TO HAVE COMPULSORY PROCESS FOR OBTAINING WITNESSES: RonaldReagan resisted submitting to subpoena and answering questions about Irangate, claimingmatters of national security and executive privilege. A judge had to dismiss some chargesagainst Irangate participants because the government refused to provide informationsubpoenaed by the defendants. And one wonders if the government would go to the samelengths to obtain witnesses for Manuel Noriega as it did to capture him.TO HAVE THE ASSISTANCE OF COUNSEL: The right to assistance of counsel took ahit recently. Connecticut Judge Joseph Sylvester is refusing to assign public defenders topeople ACCUSED of drug-related crimes, including drun k driving.TO HAVE THE ASSISTANCE OF COUNSEL: RICO is also affecting the right to havethe assistance of counsel. The government confiscates the money of an accused person,which leaves them unable to hire attorneys. The IRS has served summonses nationwide todefense attorneys, demanding the names of clients who paid cash for fees exceeding$10,000.Amendment VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, theright of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwisereexamined in any Court of the United States, than according to the rules of common law.RIGHT OF TRIAL BY JURY IN SUITS AT COMMON LAW: This is a simple right; sofar the government has not felt threatened by it and has not made attacks on it that I amaware of. This is our only remaining safe haven in the Bill of Rights.Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusualpunishments inflicted.EXCESSIVE BAIL AN D FINES: Tallahatchie County in Mississippi charges ten dollars aday to each person who spends time in the jail, regardless of the length of stay or theoutcome of their trial. This means innocent people are forced to pay. Marvin Willis wasstuck in jail for 90 days trying to raise $2,500 bail on an assault charge. But after he madethat bail, he was kept imprisoned because he could not pay the $900 rent Tallahatchiedemanded. Nine former inmates are suing the county for this practice.CRUEL AND UNUSUAL PUNISHMENTS: House Resolution 4079 sticks its nose inhere too: '... a Federal court shall not hold prison or jail crowding unconstitutional under theeighth amendment except to the extent that an individual plaintiff inmate proves that thecrowding causes the infliction of cruel and unusual punishment of that inmate.'CRUEL AND UNUSUAL PUNISHMENTS: A life sentence for selling a quarter of agram of cocaine for $20 that is what Ricky Isom was sentenced to in February in CobbCounty, Georgia. I t was Isom's second conviction in two years, and state law imposes amandatory sentence. Even the judge pronouncing the sentence thinks it is cruel; Judge TomCauthorn expressed grave reservations before sentencing Isom and Douglas Rucks(convicted of selling 3.5 grams of cocaine in a separate but similar case). Judge Cauthorncalled the sentences 'Draconian.'Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny ordisparage others retained by the people.OTHER RIGHTS RETAINED BY THE PEOPLE: This amendment is so weak today thatI will ask not what infringements there are on it but rather what exercise of it exists at all?What law can you appeal to a court to find you not guilty of violating because the lawdenies a right retained by you?Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it tothe States, are reserved to the States respectively, or to the people.POWERS RESERVED TO THE STATES OR THE PEOPL E: This amendment is alsoweak, although it is not so nonexistent as the ninth amendment. But few states set their ownspeed limits or drinking age limits. Today, we mostly think of this country as the singular United States, rather than a collection of states. This concentration of power detacheslaws from the desires of people and even of states. House Resolution 4079 crops upagain here it uses financial incentives to get states to set specific penalties for certaincrimes. Making their own laws certainly must be considered a right of the states, and thisright is being infringed upon.Out of ten amendments, nine are under attack, most of them under multiple attacks ofdifferent natures, and some of them under a barrage. If this much of the Bill of Rights isthreatened, how can you be sure your rights are safe? A right has to be there when youneed it. Like insurance, you cannot afford to wait until you need it and then set aboutprocuring it or ensuring it is available. Assurance must b e made in advance.The bottom line here is that your rights are not safe. You do not know when one of yourrights will be violated. A number of rights protect accused persons, and you may think it isnot important to protect the rights of criminals. But if a right is not there for people accusedof crimes, it will not be there when you need it. With the Bill of Rights in the sad conditiondescribed above, nobody can be confident they will be able to exercise the rights to whichthey are justly entitled. To preserve our rights for ourselves in the future, we must defendthem for everybody today.

Thursday, February 20, 2020

Market Foods Corporation in Ecuador Essay Example | Topics and Well Written Essays - 3750 words

Market Foods Corporation in Ecuador - Essay Example Eating habits and approach to food will be different in Singapore and Ecuador and hence the Market Food Corporation must account for those things while formulating management strategies for Ecuador. Even the same service needs different management styles and marketing strategies in different countries in order to succeed because of the difference in the culture. Only those entrepreneurs who study these differences will succeed in their overseas projects. Product, Price, Placement, and Promotion (4P’s of business/marketing) must be taken into consideration by Market Foods in their proposed hawker stall operations in Ecuador. Right product, at the right time, in the right place, with right promotional activities will always be successful in the market and Market Foods Corporation must formulate a well thought out strategy for Ecuador based on the above assumption. Management structure is also important for the success of international business. Locals must be given priority in all the international activities because of their immense knowledge about h the local market and culture. Promotional activities and advertisements for hawker stalls in Ecuador also must focus on the Ecuadorian culture rather than the global culture. â€Å"As the world shrinks, so marketing opportunities expand. Radical advances in communication and transportation bring markets closer-the skill lies in identifying the areas of greatest potential profit, and developing global strategies that still function effectively in meeting local needs† (International marketing review) We are living in a world of Globalization and Liberalization which tries to visualize the whole world as one and to bring the whole people/countries under the roof of one umbrella. Globalization has opened the doors widely open for business community as they can market their