Thursday, October 31, 2019
Civilizations Compare and Contrast Essay Example | Topics and Well Written Essays - 750 words
Civilizations Compare and Contrast - Essay Example The Egyptian civilization and the Holy Roman Empire had different political systems. The Holy Roman Empire was a feudal monarchy ruled by an emperor. The first emperor of the Holy Roman Empire was Frankish King Charlemagne, who was crowned by Pope Leo III in the year (800 Whaley, 35). The popes had a great role in divine sanctioning of the rules imposed by the emperors as well as the coronation of the emperors. The emperor was elected by the seven leading princes, three ecclesiastical electors, three archbishops and four lay electors. The position of the emperor was exclusively for the males. The empire was divided into principalities where the rulers exercised many sovereign functions. The principalities had their parliamentary bodies that represented the estates of the territory. The role of the princes was tax collection, administration of justice and minting coins. The princes were also responsible for the material and spiritual salvation of their subjects. In the early years of the empire, too much power was bestowed in the princes and the clergy. The parliament of the empire, Empirical Diet consisted of leading princes, seven electors, dukes, counts, bishops and abbots. The role of the Empirical Diet was to resolve conflicts and negotiate between the emperor and the estates (Whaley, 47). The empire was governed by a constitution known as The Golden Bull. The ruling decisions in the Holy Roman Empire were initially influenced by the Roman Catholic, and the emergence of the Protestants led to conflicts that resulted to wars. The Schmalkaldic War of 1546-1547 between Charles V and Protestant princes led to the disintegration of the territories in the empire. The war was resolved by the Religious Peace of Augsburg before the Thirty Year’s War in 1618-1648 broke. The latter war led to greater political and religious division in the empire. The empire was dissolved in the aftermath
Tuesday, October 29, 2019
National federation of independent business vs. sebelius(2012) Essay
National federation of independent business vs. sebelius(2012) - Essay Example The exchange provides individuals and families with low income,at a certain poverty rate, an opportunity to receive the government subsidy towards purchases made in the exchange. In addition, minimum health insurance policy standards are established by the law. There were two major issues that formed the basis for the case and onto which the involved parties laid their claims. The first issue involved the constitutional validity of the Congressional law requiring the states to make a choice between losing Medicaid funding from the federal government and upholding the Obamacare (National Federation of Independent Business vs. Sebelius, 2012). On the other hand, the second issue involves the constitutionality of the Congressional law that pushes for the obtaining of health insurance by all citizens and imposing penalties for those who fail to comply (National Federation of Independent Business vs. Sebelius, 2012). In reference to the first provision of the Affordable Care Act (ACA), which requires all states to adhere to the Medicaid expansion parameters or experience withdrawal of the Medicaid funding, the 10th Amendment is violated. According to the court, as much as the unconstitutionality of the mechanism is evident, the courts only solution is redaction of the penalty to allow for free choice among the states concerning establishment of the proposed exchange without being treated with loss of the Medicaid funding (National Federation of Independent Business vs. Sebelius, 2012). As such, the court maintained that the unconstitutional coerciveness of the provision that withheld the federal grant was clear and evident. With reference to commerce clause, the ACT is unjustified. The court has never allowed the Congress to purchase a given product mandatory by utilizing its power to control commerce between states. As such, there ought to be an item of regulation for the regulation of intersta te commerce by the congress to be possible. On the
Sunday, October 27, 2019
The Legality of the Police Stop and Search Powers
The Legality of the Police Stop and Search Powers ‘Experience should teach us to be most on our guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.’ Justice Louis D. Brandeis, dissenting in Olmstead v. United States, 277 US 479 (1928) Introduction The Home Office reports there were 50,000 racially or religiously motivated hate crimes in the UK in 2005 alone and an estimated total of 260,000 reported and unreported incidences of such hate crime. In the recent debates over the Racial and Religious Hatred Act (RRHA) 2006attention was drawn to the fact that one of the primary purposes of the legislation was varyingly described as ‘†¦exhorting the communities to respect each other’s different backgrounds.’ And ‘a pragmatic response to increasing interethnic tensions, ensuring that diverse groups can cohabit peacefully’. What these dialogues highlight is the seriousness with which the legislature, reflecting at least a majority of society, views the deleterious effects of racism on social cohesion. Undoubtedly many of the concerns about the fabric of our society are caused by concerns over recent geo-political events across the globe. In particular the publicity of the terrorist bodies that have carried outa number of attacks since the turn of the century in New York, Washington, Bali, Casablanca, Jakarta, Istanbul, Madrid and London have made certain races and religions, in particular Muslims, synonymous with violence and extremist activities. These fuel already pre-existent religious tendencies. However, in many ways the governments approach tithe issue of terrorism and its inherent links to an increase in interethnic tensions have been flawed. A quick review of the anti-terror legislation passed since the Labour government came to power illustrates the point: The Terrorism Act 2000, Anti-terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005, The Terrorism Act 2006 and Terrorism (Northern Ireland) Act2006. This doesn’t even include all the Statutory Instruments such as The Schedule 7 to the Terrorism Act 2000 (Information) Order 2002, The Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2003 and The Terrorism Act 2000 (Continuance of Patria) Order 2004. There has not been a year since the turn of the century when terrorism hasn’t been on the legislative agenda and the upshot has been an exponential growth in police powers stemming from this flurry of legislative activity. There was an extension of police powers by Part V of the Terrorism Act 2000, Part 10 of taint-terrorism, Crime and Security Act (ACSA) 2001, ss.5 and 8 of the Prevention of Terrorism Act 2005 and Part II of the Terrorism Act 2006. Thus what the foregoing highlights is that on the one hand the government is attempting to prevent racist attacks and incitement of such feelings through the RRHA 2006 but also widening the discretionary powers of the police. It is exactly these kinds of ‘beneficent’ aims that Justice Brandeis was talking about that can end up causing infringements on liberty. In the recent case of A v. Secretary of State for the Home Department the courts were faced with a Human Rights challenge to the provisions under the ACSA 2001 held them in breach. It was described by Lady Justice Arden as ‘decision that will be used as a point of reference by courts all over the world for decades to come, even when the age of terrorism has passed. It is a powerful statement by the highest court in the land of what it means to live in a society where the executive is subject tithe rule of 1aw’. These decisions which have thwarted the aims of the government to a certain extent have an undertone that liberty is at stake. In this work we attempt to look at all of the foregoing issues in respect of the stop and search powers of the police. It is said that the ‘exercise of the police power to stop and search members of the public is one that has long excited public controversy’. There are numerous facets about the power which excite this controversy however far and away the most controversial issue has been its disproportionate use on ethnic minorities. This work is going to do thorough analysis of the police stop and search powers looking at number of issues. Many commentators take the now infamous MacPherson Inquiry into the death of Stephen Lawrence , which argued that the stop and search figures highlighted a ‘clear core conclusion of racist stereotyping’. This was placed against the overall conclusion that ‘institutional racism†¦exists both in the Metropolitan Police Service and in other Police Services and other institutions countrywide’. In particular it highlighted that they believed there had been a systemic ‘failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin’. This work wants to look at the stop and search research that is currently available to see whether this problem still exists or has changed. We also carried out an empirical study ourselves which we wish to incorporate into this analysis. One item of particular interest will be to note whether the rise of what various studies have called‘Islamophobia’ , which is largely exacerbated by the recent terror attacks and underpins the need for the RRH 2006, has manifested itself in the police. The aim in assessing the empirical data is to come to conclusion on the Human Rights issues which are now Omni-present in modern society and whether the approaches of the police can be squared with traditional criminological theory. Substantive Law on Stop and Search The placing of a general stop and search on a statutory footing was only achieved by s.1 of the Police and Criminal Evidence Act 1984(PACE). However, the power has been in existence in some manner since the nineteenth century in order to empower the police to ‘harass marginal sections of the population’. PACE gave the power to the police to stop and search anybody that they reasonably suspected of carrying prohibited articles for example a weapon or stolen goods. Similar statutory power had also existed before then but had been limited to drugs under s.23 of the Misuse of Drugs Act 1971. Again this section takes the format that where an officer ‘has reasonable grounds to suspect that any person is in possession of a controlled drug’ then they have a power to stop and search that person. The Criminal Justice and Public Order Act (CJPOA) 1994 also provided that an officer of superintendent rank or higher may authorise stop and searches where that officer reasonably believes there may be incidents of serious violence likely to occur in the police authority area. Indecent years the model in the Criminal Justice and Public Order Act1994 has been extended into the Terrorism related statutory measures. In particular The Terrorism Act (TA) 2000 s.44 extended stop and search powers so that, where authorised by an assistant chief constable or higher, then police officers could search people for anything that could be used in connection with terrorism, importantly can be exercised ‘whether or not the constable has grounds for suspecting the presence of articles of that kind’. It is worth noting that the s.60power under the CJPOA, above, also allows for the constable to stop where there is no reasonable suspicion. However whilst the CJPOA and TA are obviously of importance to fight specific types of crime such as terrorism, football hooliganism and gang fights the powers under PACE are considered to be the more widely used and more general of the powers in that it can apply to ‘stolen or prohibited articles’ with the latter having a very general definition in s.1 (7). This naturally means that the level of discretionary power devolved on the individual constable is directly related to the judicially regulated phase ‘reasonable suspicion’. It is clear that the courts are willing to police this test – for example a ‘reasonable ‘suspicion will not include a vague assertion by another police officers per DPP v. French nor will an order from a superior officer count as per O’Hara v. Chief Constable of The Royal Ulster Constabulary. In that case Lord Stein cited numerous authorities that uphold a position that he described as being justified because of ‘the longstanding constitutional theory of the independence and accountability of the individual constable’. Lord Stein went onto outline the general proposition which applies to reasonable suspicion: there need not be outright evidence amounting to a case, therefore a tip-off from the public may be sufficient, and hearsay information may be perfectly valid but a mere command or vague beliefs will not suffice. Thus the above clearly illustrates that there needs to be a subjective reason in the policeman’s mind for the suspicion however there needs also to be an objective part which causes the subjective suspicion. Whilst O’Hara highlighted that an informed tip-off could suffice as objective grounds it is clear that ‘†¦a person’s race, age, appearance or the fact that the person is known to have previous conviction cannot be used alone or in combination with each other as a reason’. In fact Code A of the Code of Practice for the exercise of the statutory stop and search powers specifically warns police officers of using such criteria as race or ethnicity because of the prohibitions in the Race Relations (Amendment) Act 2000. However, clearly the courts support the reasonable suspicion test as having a low threshold for satisfaction and as long as there hasn’t been clear discrimination and the constable himself has other reasons then there is deference. This was more concisely laid out in Casoria v. Chief Constable of Surrey where Woolf, LJ highlighted the tri-partite nature of reasonable suspicion: The subjective part requiring there to be an actual suspicion on the part of the constable, whether it was reasonable which will be a matter of law for the judge and finally as long as it was reasonable was the discretion used in accordance with the famous principles laid down in Associated Provincial Picture Houses Ltd v.Wednesbury Corporation. It is hard to see how the Wednesbury principle of ‘unreasonableness’ fits with a judicially determined principle of reasonable suspicions: How could a constable have a reasonable suspicion and then use his discretion stop in a manner ‘so unreasonable that no reasonable authority [insert: Constable] could ever have comet it’. In any case there have been numerous cases on these issues but this appears to remain the core of the exercise of reasonable suspicion. It also seems as though the courts have been lenient towards the police in defining what was reasonable and what constitutes suspicion: ‘suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking: ‘I suspect but I cannot prove’.’ The statutory powers are widely drawn and as the foregoing highlights the judiciary are reluctant to impinge on the discretion of ordinary constables. However discretion per se is not a bad thing, in fact it is necessary if a modern state is going to function. However, it is the empirically measured use of that discretion which is of the utmost concern to all scholars of the law. However, criminological study has long had a fascination, predominantly because of classical positivist legal thinking and pre-occupation with the rule of law, with ‘the lack of control over behaviour that is subject only to the internal constraints of the individual and that is not subject either to formal rules and sanctions or to direct supervision’. What Working called ‘Strong’ discretion. The substantive provisions highlight this precise quality at the lowest level of the police hierarchy: the constable has discretion and it is the most visible to ordinary members of the public. It is this reason that many commentators have chosen to focus on the use of this discretion: ‘It is quintessentially a ‘low visibility’ decision†¦, immune to effective accountability mechanisms, for, if officers do not record stops, then they are unlikely to come to light’. Furthermore, as Waddington et al. make the point that the decision of a police officer not to stop provides opportunities for abuses of discretion which are virtually undetectable. Thus from a very basic point such discretion is difficult to square with ‘the standards of the legal-analytical view of the decision process’ that should be applied by social actors who exercise legitimate power over members of the public. However, we wish to look at how this power is being exercised by studies however we cannot look at this from every angle; Discretion can be analysed from numerous angles such as how it isn’t applied in a uniform manner, for example discretion in sentencing , or how it disproportionately effects certain sections of society such as women or ethnic minorities. It is the latter use of discretion that we are interested in this work because clearly stop and searches in order to meet their purpose will be applied randomly and on the vague ‘reasonable suspicion’ criteria so uniform application is not an issue. We will now look at the empirical evidence on all aspects of the stop and search debate. Empirical Evidence on Stop and Search There is a wealth of empirical evidence on this issue due to it having ‘been at the forefront of research into policing , in Britain and elsewhere’ and we will attempt to look at much of the statistics as possible in order to get a holistic picture of how the stop and search discretion is being used by constables. The major source of empirical information on this issue has been from the Home Office both in its Annual Report entitled ‘Statistics on Race and the Criminal Justice System’ and the six reports produced by the Policing and Reducing Crime Unit that did a variety of studies into different issues concerning Stop and Search. We will look at these studies initially in order to get a general overview of the situation. The Home Office Statistics for 2005 show, one is tempted to say ‘as usual’, that there is discrimination in the outcomes of stop and search statistics. Under PACE powers it was reported that Black people were 6times more likely to be searched than White people and Asians were nearly twice as likely. In fact no ethnic group was less likely to be stopped than White people. Under the CJPO 1994 it was noted that there had been a 5% increase in the number of Black people being stopped and 22% increase for Asian people whilst in the same period the number of White people being stopped decreased by 3%. Under the Terrorism Act however the proportions changed with the number of White people increasing and the number of Black and Asians decreasing (7% and 5%respectively). However, as we noted above PACE is by far the most commonly used with the recorded number of stops being 839, 977 as opposed to a combined 73, 363 under the other two powers. Thus PACE gives a much more widespread and statistically accurate sample. What arises is that particularly black people seem to have been targeted more than white people. These statistics are worked out by looking at ‘the extent to which police powers are exercised on a group out of proportion to the number of that group in the general population’.What is even more striking about these statistics is that they remain relatively unchanged over the last few years thus despite increased attention on this issue there has been little substantive impact. Unfortunately these statistics do not highlight a new problem as long-ago as the Scar man Report in 1981 there was a view that racism existed ‘in the behaviour of a few officers on the street. It may be only too easy for some officers†¦to lapse into an unthinking assumption that all young people are potential criminals’. Furthermore there have been reports that stop and search powers have always been used in this way for example a power to stop people under the Vagrancy Act 1824 and the Metropolitan Police act 1839 are reported to have been disproportionately used against black people The findings of the Lord Scar man report were confirmed later by other studies such as that carried out by Norris et al. which discovered that ‘not only that young blacks were stopped very much more frequently than other racial groups, but that these stops were made on a more speculative basis’. Then in the Macpherson Report into the death of Stephen Lawrence the same concerns were voiced but they made the point that it was Institutional Racism rather than Individual Racism causing the disparity and they pointed to the causes: ‘†¦can arise because of lack of understanding, ignorance or mistaken beliefs. It can arise from well intentioned but patronising words orations. It can arise from unfamiliarity with the behaviour or cultural traditions of people or families from minority ethnic communities. It can arise from racist stereotyping of black people as potential criminals or troublemakers. Often this arises out of uncritical self-understanding born out of an inflexible police ethos of the â€Å"traditional way of doing things. Furthermore such attitudes can thrive in a tightly knit community, so that there can be a collective failure to detect and to outlaw this breed of racism’ This sort of ‘unconscious racism’ has been noted by a number of studies and in particular at stop and search powers where many argue that ‘officers rely predominantly upon their own instincts, which could cause elements of race and class bias’. Fitzgerald Sabot also did an empirical study on this issue which similarly found that ‘†¦based on their presence in the population overall ethnic minorities are more than four times as likely to be searched than whites’. It was pointed out in that study that the problem was difficult to judge just on the sorts of statistics because; it doesn’t take into account the difference in the level of usage by different forces thus for example the Metropolitan Police account for approximately 46% of all stops recorded. This meant that whilst the national average may be four times as likely, as stated above, the actual ratio in individual forces were with the exception of one lower than that. Furthermore it fails to distinguish between ‘stops as such and the searches which follow from these steps’. In their study Fitzgerald Sabot exhort the view that there must be a clear picture of what is going on in stop and searches. In attempting to do this they divide the issue into operational and administrative factors which influence PACE searches. The conclusion is that on the whole stop and searches are not random but tend to be lead by intelligence from crime reports relayed over radio or in the context of specific targeted operations. This leads toe skewing of patrolling constables so certain locations and individuals on the ‘Prominent Nominal’ list were more likely to attract attention and thus they concluded that ‘the numbers of stop/searches may vary quite markedly from one police beat to another for entirely legitimate reasons’. However, they noted that official statistics were also skewed or distorted by Administrative factors such as non-recording of stops and a lack of clarity over the powers which the police actually have. In particular the failure to report stops was argued to probably be very great based on the researchers experience particularly because there was little to no incentive to report a stop which resulted in nothing being found and which contained no incidents. The results were also skewed because there was widespread disagreement about what constituted a voluntary stop. Interestingly, haven studied this area the researchers noted that the correlation between stops and ‘intelligence’ from crime reports was in effect passing on an already inherent bias in the ethnicity of reported criminals. However, as with other studies they discovered that there was a great deal of stereotyping that occurred towards non-white groups. Overall the picture presented was one where it was incredibly difficult to see whether or not discrimination occurred and they concluded that whilst race may be a factor it may not be anymore of a factor than somesocio-economic factors. In particular because of the administrative and organisational factors there was a conclusion that racial disparity was often reflected in the factors which informed the use of discretion and when less informed or acting on their own initiative the racial disparity would be less. Fitzgerald Sabot are not the only ones to challenge the orthodoxy on racial discrimination in stop and searches. In particular some researchers have pointed to the fact that often that reference to statistics and traditional studies tend not to taken into account the various ethnic proportions of the population who are on the street often as opposed to a resident population. The findings of initial research into the area found that ‘†¦the population available to be stopped and searched tended to include a greater proportion of ethnic minority groups’ Whilst the empirical evidence has been to a degree challenged what seems to be undeniable is the deleterious effect that the perception of stop and search is having. In research done by the home office they conclude that ‘the way in which stops and searches are currently handled causes more distrust, antagonism, and resentment than any of the positive effects they can have’. This was exacerbated by apperceived inexplicability for the reason of many stops thus there were complaints that in a large group or in a car only certain people would be searched and there was little understanding of how the police discriminated. Furthermore there was a feeling that the length of time and the embarrassment felt by those innocently stopped was contributing to severely negative attitudes. One man had described being stopped whilst in his taxi with customers causing a complaint to be made by the customers and he perceived that his reputation at work was ‘in tatters’. Finally, there was concern over the attitude of policemen which was felt to be confrontational and unsympathetic. There were also considerable views expressed that minorities felt targeted and that there was an inability to communicate with them leaving a feeling of dissatisfaction. These results were in no way unusual for example the British Crime Survey has found that there is a direct link between being stopped and searched and approval ratings of police, especially in ethnic minorities. These studies are backed up by others which highlight that inadequate training of police officers ‘failed to instil adequate social and interaction skills’. This is backed up by a study into the attitude of police officers towards stop and search training when a group of police officers from the same constabulary were asked whether they had received any training related to stop and search in the previous twelve months the results were that 46% said yes, 40% said no and 14% said they didn’t know. Some commentators have argued that on the empirical evidence available there is a clear conclusion that whilst there may be a racial bias in the stops and searches this may not necessarily be due to racial prejudice, whether personal or institutional, but rather the higher proportion of ethnic minority stops may be explainable as an efficient use of the stop and search procedure this is explained in more detail by Borough : ‘The efficiency argument for injecting racial bias into stops does not imply that ethnicity per se is the cause of a higher likelihood of offending. Rather, the probability of offending may be objectively related to a number of non- ethnic factors (family background; education level; economic circumstances; housing conditions) which, given the particular circumstances of society, are relatively more concentrated among ethnic minorities.’ It is argued that because there is no outward way of determining these ‘on-ethnic factors’ that race is used as a proxy for policemen. The example given is that an equal split between old ladies and young men stopped and searched would undoubtedly display a bias against old ladies because they far less-likely to be law-breakers. Thus disproportionate concentration on young men is not necessarily a bathing. However, this argument whilst clearly persuasive in it’s thinking has been discredited in particular because the ‘racial bias to police stops was in excess of that required by inter-ethnic differences in rates of offending’. The only conclusion that can be drawn from the study is that there has to be racial prejudice existent because of the level of excess. In fact Borough concludes that ‘a third to a half of racial bias to stops in 1997 /98 across 10 Police Areas of England, represented prejudice†¦most of this prejudice was directed towards Asians and not towards Blacks’. Thus he goes onto argue that even if we are able to overcome the rather ethically dubious ‘efficiency argument’ there is still a problem with prejudice. The latter point that Borough makes is of particular interest that taking into account intentional and justified bias there is more prejudice against Asians. The vast majority of Asians are Muslim and thus it is of interest to see whether there is a potential growth of‘Islamophobia’ in the police forces. It is worth just spending a brief period of time to understand the rise of ‘Islam phobia’ in the U.K. The immigration of Southeast Asians following World War II into the U.K.was fairly significant and created a sizeable and politically active Asian, and predominantly Muslim, population within the U.K. In the1980’s a number of events such as Muslim protests against Salman Rushdie’s ‘Satanic Verses’ involving mass book-burning and the fatwa declared by Ayatollah Khomeini which advocated the murder of Salmon Rushdie brought severely negative press coverage. Since the 1980’s and through the 1990’s there was a great deal of media attention on anything which might portray Muslims as ‘ant western’ or linked to Islamic fundamentalism was seized upon. ‘Islam phobia’ was coined by the Runnymede Trust in a review on the level discrimination and was defined as ‘unfounded hostility towards Islam’ and ‘unfair discrimination against Muslim individuals and communities, and to the exclusion of Muslims from mainstream political and social affairs’. We have already mentioned in the Introduction how recent legislative action has been prompted by anti-Muslim sentiments has been instituted. In the more recent past there has been studies that highlight generally that ‘receptivity towards anti-Muslim another xenophobic ideas and sentiments has, and may well continue to, become tolerated’. Particularly worrying is the growth of right-wing groups within society such as the British National Party , the National Front, ‘†¦the White Wolves, the Ku Klux Klan, the Third Way, White Pride, the League of St George and various fluidly defined football hooligan groups’. There is little research on the issue of whether Islam phobia exists in the police but it seems likely that to some extent there will exist such prejudices that are apparently relatively rife within society. Again this needn’t be direct prejudice but perhaps a stereotypical view which isn’t premised on justifiable grounds. Whatever the case there is increasing worry over the growth of Islamic fundamentalism in society and the extent to which police behaviour in stop and searches, in particular, has ‘created ‘angry’ young people vulnerable to extremism’. This was recently thrown into the spotlight with the seemingly unjustifiable actions of the police in the collapsed prosecution of O’Neil Crooks who was arrested for drug-dealing whilst on a family trip to the theatre. The actions were criticised by the National Black Police Association as alienating members of ethnic communities.Furthermore the Islamic Human Rights Commission has claimed: ‘It has been clear for a very long time that there is an institutionalIslamophobia in the implementation of stop and search. We need to get rid of a culture that exists – unfortunately it exists in our society as a whole, but it is much more damaging when mixed with the powers the police have’ Anecdotal evidence suggests that similar misperceptions exist over Muslims as do over ethnic minorities, for example research has pointed out that police view certain crimes as predominantly carried out by certain ethnic groups and there have been publicly expressed views by policemen to the effect that ‘the bottom line is that the terrorist threat is from the Muslim world.’. However, the police are using ethnic characteristics such as dress and appearance as proxies for Muslim which belies the fact that there are many white and other ethnic groups who are Muslims. It has been reported that ‘Although figures on conversions to Islam in Western countries are difficult to nail down, it’s safe to say that Muslim converts in the U.S. and Europe number in the hundreds of thousands’. This means that even if we were to accept the somewhat dubious claim that all types of terrorism were predominantly coming from the ‘Muslim world’ that the police might well disproportionately impact on people who present traditional ethnic characteristics, probably mostly Asian. This is worrying from a criminological perspective but also because the police will be less effective. It is clear that new converts are at risk of becoming radicalised when first attracted to the religion; this was seen in the cases of Richard Reid the shoe-bomber, Germaine Lindsay who was involved in the 7th July bombings in London and most recently Don Stewart-Whyte’s involvement in the attempted bombing of the trans-Atlantic flights from London to New York. In the next section we will assess the empirical evidence that we go from doing my own empirical investigation into these issues. However, at this point it is worth just summarising the empirical outcomes that have been expressed above. We have seen how institutional racism, twosome extent, is existent within the police. The figures even with alias built-in still portray a distinctly prejudicial picture however potentially not as discriminatory on black people as other studies have suggested. What are of more interest are the findings that Asians were disproportionately prejudiced and it is of no small consequence that there is a great deal of confusion and prejudice which sees people exhibiting Asian ethnic characteristics as consequently Muslim. It is important to realise that there is a ‘fundamental difference between person’s race and his religion. You cannot change your race. Your religion, however, is your choice.’ Thus again Islam phobia in the police could have potentially disastrous consequences on both ethnic communities and encourage radicalism whilst also missing the new converts to Islam. Empirical Outcomes from Study of Stop and Search I carried out a study on members of the public between the ages of 18 –29 in order to discover whether or not there was an actual, or at the very least a perceived, differential impact of police stop and search powers on various ethnic groups. There were real limitations to this study but we can make some informed conclusions from the results. I gave questionnaires to thirty people with various ethnic backgrounds(ten White, ten Asian, five Chinese and five Black) and the aim of the questionnaire was to discover their pre-disposition towards police, their experiences and whether this had been changed by recent political or personal events. Pre-disposition The first substantive question asked by the questionnaire took the form of a straightforward scenario where individuals were asked to rate the factors which they thought had influenced the police in it:
Friday, October 25, 2019
An Analysis of the Hurricane Catrina Relief Effort Essay -- foreign ai
In a state of national emergency, the United States government is expected to be efficient and organized. When Hurricane Katrina struck on August 25th, 2005, the United States government was not readily prepared for such an immense disaster. The mismanagement of relief efforts by the U.S. government led to a lack of adequate assistance to U.S. victims along with a prolonged restoration period for those in need. Had the government accepted more foreign aid and further prepared for the storm, hurricane Katrina may not have proved such a disaster in our nation’s history. This essay will explain how foreign aid was integrated into the relief effort. Additionally, this essay will explore the government’s refusal of aid from various countries willing to provide assistance and the lessons that can be learned from our nation’s actions in the aftermath of Katrina. In August of 2005, no one could predict the brutality and intensity of the natural disaster that was about to strike the city of New Orleans. Hurricane Katrina, known as one of the top natural disasters in our nation’s history, filled the city of New Orleans with water, leaving it a disaster area. Thousands of people’s lives were turned upside down by the damage and devastation that occurred from the impact of the storm. With a storm surge entering the city over 20 feet high, residents were forced to flee and abandon their Louisiana lifestyles. The Port of Mobile in Alabama, which did not even endure the full impact of the storm, sustained an estimated 28 million dollars in damages alone due to the storm (GAO 2006). Although an official estimate was not released, the total economic impact from Katrina is predicted to be around $150 billion in total damages (Kenny, 2013), an i... ...alth Reports 123(5):555. Kelman, Ilan. 2007. "Hurricane Katrina Disaster Diplomacy." Disasters 31(3):288-309. McNeill, Jena. 2/7/2011. "Accepting Disaster Relief from Other Nations: Lessons from Katrina and the Gulf Oil Spill." The Heritage Foundation:3/1/14. Nation Master. 4/18/2006. "International Aid Response: Countries Compared." Nation Master:3/1/14. Provost, Claire. 4/6/2011. "Aid from OECD Countries - Who Gives the most and how has it Changed?." The Guardian Data Blog:3/1/14. Robillard, Kevin. 10/3/12. "10 Facts about the Katrina Response." Politico:3/1/14. Solomon, John. 4/30/2007. "U.S. Refused most Offers of Aid for Hurricane Katrina." The New York Sun:3/1/14. Walker, David. 3/8/2006. "Hurricane Katrina - GAO’s Preliminary Observations regarding Preparedness, Response, and Recovery." United States Government Accountability Office:3/1/14.
Thursday, October 24, 2019
The “Homeless”
Children†s health Many people call or write the National Coalition for the Homeless to ask about the number of homeless people in the United States. There is no easy answer to this question, and in fact, the question itself is misleading. In most cases, homelessness is a temporary circumstance  not a permanent condition. A more appropriate measure of the magnitude of homelessness is therefore the number of people who experience homelessness over time, not the number of â€Å"homeless people. †Studies of homelessness are complicated by problems of definitions and methodology. This fact sheet describes definitions of homelessness, methodologies for counting homeless people, recent estimates of homelessness, and estimates of the increase in homelessness over the past two decades. Additional resources for further study are also provided. As a result of methodological and financial constraints, most studies are limited to counting people who are literally homeless  that is, in shelters or on the streets. While this approach may yield useful information about the number of people who use services such as shelters and soup kitchens, or who are easy to locate on the street, it can result in underestimates of homelessness. Many people who lack a stable, permanent residence have few shelter options because shelters are filled to capacity or are unavailable. A recent study of 30 U. S. cities found that in 1998, 26% of all requests for emergency shelter went unmet due to lack of resources (U. S. Conference of Mayors, 1998). In addition, a review of homelessness in 50 cities found that in virtually every city, the city's official estimated number of homeless people greatly exceeded the number of emergency shelter and transitional housing spaces (National Law Center on Homelessness and Poverty, 1999). Moreover, there are few or no shelters in rural areas of the United States, despite significant levels of homelessness (Aron and Fitchen, 1996). As a result of these and other factors, many people who lack permanent housing are forced to live with relatives and friends in crowded, temporary arrangements. People living in unstable housing arrangements who lack a permanent place to stay are experiencing a kind of homelessness, but because they are not â€Å"literally homeless,†they will not be counted. Researchers use different methods to measure homelessness. One method attempts to count all the people who are literally homeless on a given day or during a given week (point-in-time counts). A second method of counting homeless people examines the number of people who are homeless over a given period of time (period prevalence counts). Choosing between point-in-time counts and period-prevalence counts has significant implications for understanding the magnitude and dynamics of homelessness. The high turnover in the homeless population documented by recent studies (see below) suggests that many more people experience homelessness than previously thought, and that most of these people do not remain homeless. Because point-in-time studies give just a â€Å"snapshot†picture of homelessness, they only count those who are homeless at a particular time. Over time, however, some people will find housing and escape homelessness while new people will lose housing and become homeless. Systemic social and economic factors (prolonged unemployment or sudden loss of a job, lack of affordable housing, domestic violence, etc. ) are frequently responsible for these episodes of homelessness. Point-in-time studies do not accurately identify these intermittently homeless people, and therefore tend to overestimate the proportion of people who are chronically homeless  particularly those who suffer from severe mental illness and/or addiction disorders and who therefore have a much harder time escaping homelessness and finding permanent housing. For these reasons, point-in-time counts are often criticized as misrepresenting the magnitude and nature of homelessness. There is another important methodological issue that should be considered. Regardless of the time period over which the study was conducted, many people will not be counted because they are not in places researchers can easily find. This group of people, often referred to as â€Å"the unsheltered†or â€Å"hidden†homeless, frequently stay in automobiles, camp grounds, or other places that researchers cannot effectively search. For instance, a national study of formerly homeless people found that the most common places people who had been literally homeless stayed were vehicles (59. 2%) and makeshift housing, such as tents, boxes, caves, or boxcars (24. 6%) (Link et al. , 1995). This suggests that homeless counts may miss significant numbers of people who are literally homeless, as well as those living in doubled-up situations. There are at least four widely used national estimates of homelessness. Many are dated, or based on dated information. For all of the reasons discussed above, none of these estimates represents â€Å"how many people are homeless. The most widely cited example of a point-in-time estimate is the approximately 500,000-600,000 homeless people found in shelters, eating at soup kitchens, or congregating on the street during one week in 1988 (Burt and Cohen, 1989). 700,000+/night; 2 million/year (1999) The 500,000-600,000 estimate is sometimes updated by using a projected rate of increase of 5% a year to produce an estimate of over 700,000 people homeless on any given night, and up to 2 million people who experience homelessness during one year (National Law Center on Homelessness and Poverty, 1999). In 1990, a national telephone survey identified formerly homeless people and produced life-time and five-year prevalence estimates of homelessness. Seven percent of the respondents reported that they had been literally homeless at some point in their lives, and three percent reported being homeless at some point between 1985-1990 (Link et al. ,1994). The Clinton Administration's Priority Home! The Federal Plan to Break the Cycle of Homelessness uses this data, corrected to include children, to estimate that between 4. 95 million to 9. million people (with a mid-point of 7 million) experienced homelessness in the latter half of the 1980s. A second study was undertaken in 1994 to refine the analysis with more explicit definitions and detailed information. This study found that 6. 5% (12 million adults nationwide) of the respondents had been literally homeless at some point in their lives, and that 3. 6% (6. 6 million adults nationwide) of the respondents had experienced homelessness (literal or doubled up) between 1989-1994 (Link et al. , 1995). Thus, it appears that 12 million of the adult residents of the U. S. ve been literally homeless at some point in their lives. Dennis Culhane's study of turnover rates in shelters in New York City and Philadelphia is another example of a period prevalence count. This study revealed that 3% of Philadelphia's population used the public shelter system between 1990 and 1992, and that in New York, 3% of the population received shelter between 1988-1992 (Culhane et al. , 1994). The Culhane study also found that in New York City, a single shelter bed accomodates four different people in the course of a year; in Philadelphia, each bed accomodates six different persons per year. Because this study did not include persons in privately funded shelters or on the streets, the findings underestimate homelessness in both cities. A study by Martha Burt compared these rates with data from seven other jurisdictions (Burt, 1994). The comparison showed that the New York City and Philadelphia rates fall well within the range of data from other regions of the country. One limited measure of the growth in homelessness is the increase in the number of shelter beds over time. A 1991 study examined homelessness â€Å"rates†(the number of shelter beds in a city divided by the city's population) in 182 U. S. cities with populations over 100,000. The study found that homelessness rates tripled between 1981 and 1989 for the 182 cities as a group (Burt, 1997). A 1997 review of research conducted over the past decade (1987-1997) in 11 communities and 4 states found that shelter capacity more than doubled in nine communities and three states during that time period (National Coalition for the Homeless, 1997). In two communities and two states, shelter capacity tripled over the decade. These numbers are useful for measuring the growth in demand for shelter beds (and the resources made available to respond to that growth) over time. They indicate a dramatic increase in homelessness in the United States over the past two decades. By its very nature, homelessness is impossible to measure with 100% accuracy. More important than knowing the precise number of people who experience homelessness is our progress in ending it. Recent studies suggest that the United States generates homelessness at a much higher rate than previously thought. Our task in ending homelessness is thus more important now than ever. The National Coalition for the Homeless provided leadership in the successful effort to pass the Stewart B. McKinney Homelessness Assistance Act in 1987. Since then, NCH has continued to monitor the reauthorization and appropriations process for McKinney Act programs and other programs affecting poor and homeless people. NCH supports legislation to provide an adequate supply of affordable housing, jobs which pay a living wage, and universal access to health care. Legislative Alerts Learn about homelessness-related legislation being considered by Congress and what you can do about it. General Homelessness Issues NCH's 2000 Federal Legislative Agenda This document provides an overview of NCH's federal legislative priorities for 2000, including housing, health, education, income, and civil rights. The McKinney Act The Stewart B. McKinney Homeless Assistance Act was the first  and remains the only  major federal legislative response to homelessness. This fact sheet provides a brief history of the McKinney Act, describes its content and evolution, and summarizes recent trends in McKinney Act legislation and funding. Funding and Budget Issues Appropriations for Federal Homeless Programs Table of FY95-00 funding levels for homeless programs. FY2001 Budget and Homelessness This page summarizes the most recent budget and appropriations legislation and provides NCH's recommended funding levels for federal homeless programs. Housing and Shelter Issues Community Housing Investment Trust Discusses key provisions of an NCH-sponsored initiative to create one million units of high-quality, affordable rental housing for persons whose annual incomes are less than the minimum wage, including persons with disabilities, elder age, or low-wage incomes. McKinney Side by Side Side by Side comparison of major components of proposals to amend HUD homeless legislation (July 2000). Housing and Welfare Reform: Background Information Prepared by the Center on Budget and Policy Priorities, this paper explores the impact of welfare policy on housing and the impact of housing policy on welfare. Welfare Issues Welfare to What: Early Findings on Family Hardship and Well-Being Published by the Children's Defense Fund and the National Coalition for the Homeless in November 1998, this report examines the impacts on families two years after the signing of the federal welfare law. It presents national and local findings and compiles more than 30 state and local studies. The Executive Summary is available at http://nch. ari. net/w2wexec. html. The full report may be downloaded below. Welfare to What (Full Report – 246K) Note: To view this file, you will need Acrobat Reader. Using TANF to Reduce and Prevent Homelessness: Effective Practices and Strategies. Published in May 2000, this paper was written to provide specific examples of how states and communities have used TANF productively to reduce and prevent homelessness. Other Internet Resources on Welfare and Poverty Links to online organizations and sources of information on poverty and welfare. Education Issues School Segregation and Homeless Children and Youth This overview summarizes available information on integrated homeless education programs (those programs that help homeless children enroll, attend, and succeed in mainstream schools) and segregated classrooms or schools (those that separate homeless children from housed children on the basis of their homelessness alone). For more detailed information, including program examples, please see School Segregation and Homeless Children and Youth: Questions and Answers Reauthorization of the McKinney Act's Education for Homeless Children and Youth Program Congress will consider legislation to reauthorize the McKinney Act's Education of Homeless Children and Youth (EHCY) program in 1999. The EHCY program works to ensure homeless children and youth's enrollment, attendance, and success in school. This page provides up-to-date information on reauthorization for advocates, teachers, service providers, and administrators, including analyses and summaries of reauthorization legislation, links to relevant committees, and more detailed action alerts. America's Homeless Children: Will Their Future Be Different? A Survey of State Homeless Education Programs The McKinney Act is responsible for significant improvements in homeless children's access to public education. However, increasing homelessness among families with children and a simultaneous reduction in federal funding threatened the progress that states and communities had made in helping homeless children and youth enroll, attend, and succeed in school. This 1997 40-state survey examines the accomplishments and challenges of homeless education programs faced with increasing demand for services and decreasing resources. Making the Grade: Successes and Challenges in Educating Homeless Children and Youth The 1996 Position Document of the National Association of State Coordinators for the Education of Homeless Children and Youth. This report summarizes the history and progress of efforts to educate homeless children and youth, profiles 30 selected state homeless education programs, and offers recommendations for improving the McKinney Education for Homeless Children and Youth program. Health Issues No Open Door: Breaking the Lock on Addiction Recovery for Homeless People This NCH report examines what has been learned in the last decade about the barriers that homeless people face in accessing addictive disorder services and the treatment and recovery interventions that are effective with the homeless population. The Projects for Assistance in Transition from Homelessness (PATH) Program Describes the function and accomplishments of the McKinney Act's Projects for Assistance in Transition from Homelessness (PATH) program, as well as NCH's recommendations for expanding and strengthening PATH. Homeless Treatment and Recovery Competitive Grant Program Describes NCH's initiative to reauthorize and appropriate funds for a national competitive grant program to develop and expand addictive and mental disorder treatment and recovery opportunities for homeless persons with addictive and mental disorders Increased Demand, Decreased Supply: Challenges to the McKinney Act's Health Care for the Homeless Program Changes in the health care marketplace, in public policy, and in the face of homelessness itself are creating new demand for health services for homeless people according to this study published by the National Health Care for the Homeless Council and the federal Bureau of Primary Health Care.
Wednesday, October 23, 2019
Conflicts of Interest Essay
There are many different definitions for Conflict of Interest, but most all mean the same or point to the same direction. When gifts, outside activities such as consulting, or financial and fiduciary interest have potential to create a certain decision or commitment with a business it is considered conflict of interest. Although there are numerous definitions the one adopted by the Institute of Medicine is helpful. It states, â€Å"A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest.†A conflict of interest usually occurs in a few common ways. One may be when an individual has the opportunity to use his/her partners’ position for personal financial gain or benefit a company in which the individual has a financial interest. Another way is when outside financial inappropriately influence the way in which an individual carries out his/her partners’ responsibilities. The last most common way of conflict of interest is when an individual’s outside interests otherwise may cause harm to partners’ reputation, staff, or patients. Conflicts of interest are often unavoidable and in many cases can be appropriately managed or reduced to an acceptable level. The people in the business should notice outside activity, interest, or interaction that has potential to create conflict. A few conflict of interest examples that are not acceptable are: Receiving a gift from a vendor. For example, Aaron works for a consulting firm. He accepts a large gift from a client in exchange for a discount on the services his employer provides. Being related to workers and giving them different treatment than the standard employee. For example, John works for a company that is managed by Uncle Steve. John reports to Uncle Steve to receive pay raises, promotions and other benefits that others in his same position do not receive. Doing freelance work for a competing company on the side. For example, Melissa works full time for Canon as a marketing director. In her spare time, she does freelance work for Nikon, helping to market their company with the skills she has learned from Canon. Richard Parsons is a part of two different businesses. â€Å"Because Parsons has a clear-cut fiduciary duty to Citibank’s shareholders and must put their interest ahead of his or anyone else’s, his financial stake in Providence looks like a paradigm of a conflict of interest – not to mention the fact that Citibank, with all its problems, probably needs the full-time attention of the chairman of its board.†As stated in the text it is believed to be conflict of interest since Mr. Parsons is involved in both companies. Citibank however does not see it being a conflict of interest, and in fact says they would not allow â€Å"even the appearance†of conflict of interest. At times Providence needs financing and Citibank often lend them money. It is beli eved the two companies have such great relation because of Richard Parsons. Both businesses accept a deal they will benefit from, but is it the best deal Citi can have? Although Citibank believes there is no conflict of interest there may be. Both businesses can benefit from one deal, but Citi bank can negotiate a deal that they can benefit from more. Why don’t they negotiate a better deal though? If they do receive a better deal it will have the possibility of hurting Providence. Richard Parsons may not be a part of the deal, but the negotiators know who their boss is and do not want to make his business look bad. Because Richard Parsons is in both business it creates conflict of interest he does not intend for. It also creates unethical actions occur. Although they aren’t intentional they still happen. It is unethical for one person to affect both businesses, their deals, and their success. Keyon Communications is a broadband provider that is worth about only four cents. In 2009 the companies stocked climbed from four cents to two dollars and ten cents. The big question is how? Investors bid up the company’s stock and hope for it to take off. Of course the company believed it was a billion dollar company, but the truth is the stocked was fueled up by Joe Noel. Joe Noel was an analyst for Emerging Growth Research. He keeps a secret that Keyon awarded him seventy five thousand shares before he even began covering the company. The company’s stock eventually went down and showed that the company’s stock was truly only ninety five cents. The texts states that it is less certain whether there is conflict of interest or not, but it believe it is easier to determine in the case with Joe Noel and Keyon Communication. Joe Noel accepted a great amount of shares before he boosted their sock. Giving Joe Noel such shares moved him to invest in their company. One of the easiest conflict of interest to see is when a gift or something is accepted from a vendor, and the vendor knows it will eventually benefit them. It was unethical for Joe Noel to boost their stock so much. It mislead others in thinking the company was better and worth more than it truly was. I believe people do not go around discussing or recommending specific stocks unless they are asked. It can be considered to be conflict of interest to discuss investments because someone can invest in a certain company to benefit someone or a busine ss. Friends may discuss stocks and investments and can create conflict of interest or can just simply recommend certain investments and discuss what may be best. If someone ask about your investments it is okay to discuss, but not to create deals that will be considered conflict of interest. Every company should have a policy to avoid conflict of interest. The policy must included many things but some main ones are: The employee owes a duty of loyalty to the company. At all times when on duty, without regard to time or place, employees should devote their full attention to the company’s business and their duties. An employee must avoid any activity that conflicts with their interest of the company. An employee must disclose a potential conflict in advance. Outside employment is prohibited unless approved by the employer in advance. The company will deny permission for such outside employment if at any point it adversely affects the employee’s ability, fitness, or readiness to work.
Subscribe to:
Posts (Atom)