Tuesday, January 28, 2020

The Criminal Justice System and Terrorism

The Criminal Justice System and Terrorism Terrorism has become a part of up to date life. Hijackings, bombings, and assassinations on distinct countries of the world may appear like isolated attacks, but they contemplate a so straightforward reliance on aggression as a way to encourage communal, political, and devout change. They are components of a pervasive end supports the means beliefs being pursued to its most perverse conclusions. Many of these actions have been conveyed out by the constituents of Islamic Jihad, while other ones are part of a worldwide mesh of terrorists. Claire Sterling contends in The Terror Network that numerous of the terrorists were taught and equipped by KGB agencies from the previous Soviet Union. Analysis Terrorism has become the scourge of popular governments. Experts in the area approximate that less than 1 per hundred of terrorist attacks occurred in the Soviet Union, but as asserted by Rand Corporation professional Brian Jenkins, almost a third of all terrorists attacks engage Americans. Democratic authorities, used to considering inside a lawful structure, often find it tough to deal with criminals and terrorists who regularly function out-of-doors of the law. Yet deterrence is just as much a part of fairness as correct enforcement of the laws. Democratic authorities which manage not discourage criminals inescapably spawn vigilantism as commonly law-abiding people, who have lost self-assurance in the criminal justice system, take the regulation into their own hands. An alike backlash is starting to appear as an outcome of the incompetence of Western democracies to fight back themselves contrary to terrorists. But need of governmental determination is only part of the problem. Terrorists flourish on newspapers exposure, and report associations round the world have been all too eager to give terrorists what they crave: publicity. If the report newspapers provided terrorists the minuscule treatment their figures and leverage claimed, terrorism would decline. But when hijackings and bombings are granted famous newspapers vigilance, authorities start feeling force from their people to determination the urgent position and finally capitulate to terrorists demands. Encouraged by their newest achievement, terrorists generally trial again. Appeasement, Churchill wisely documented, habitually whets the appetite, and latest achievements have made terrorists famished for more attacks. Some report commentators have been reluctant to call terrorism what it is: wanton, criminal violence. They blunt the barbarism by contending that one mans terrorist is another mans flexibility fighter. But this easily is not true. Terrorists are not worried about human privileges and human dignity. In detail, they end up decimating human privileges in their supposed battle for human rights. Terrorism has been called the new warfare. But terrorists turn the idea of conflict on its head. Innocent non-combatants become the goal of terrorist attacks. Terrorist warfare retains blameless persons hostage and makes fighter and citizen alike promise goals for their aggression. Terrorism will extend even though conflict has not ever been formally been announced and our foe is not a lone identifiable country. Instead we are being victimized by a worldwide terror mesh angled on crippling American morale. Government and War First, we should characterize a terrorist. Is a terrorist a widespread criminal? If terrorists are only widespread criminals, then biblically talking, they should only be administered with by their owner governments. In Romans 13, the Apostle Paul states, he who opposes administration has are against the ordinance of God; and they who have are against will obtain disapproval upon themselves. For rulers is not an origin of worry for good demeanor, but for evil. Do you desire to have no worry of authority? Do what is good and you will have applauded from the same; for it is a minister of God to you for good. But if you manage what is bad, be afraid; for it does not accept the sword for nothing; for it is a minister of God, an avenger who adds anger upon the one who practices evil. This route of Scripture assists us make a significant distinction we will use in our investigation of terrorism. The Apostle Pauls teachings on government displays that criminals are those who manage bad and intimidate the municipal peace. Any out-of-doors risk to the reality of the state is not a criminal risk but a proceed of conflict which is furthermore to be administered with by the government. In other phrases, criminals intimidate the state from within. Foreign detachments intimidate the state from outside. In the case of searching household calm, the Apostle Paul summaries how authorities will accept of good works, but that authorities should convey worry to those who are wrongdoers. Evildoers should reside in worry of government. But in the case at hand, terrorists manage no reside in worry of the ruling administration in the nations where they live. Their authorities manage not believe of them as shattering citizen regulations and therefore manage not prosecute them. This is foreign to the American mindset. If an anti-Syrian terrorist assembly were founded in the United States, we would prosecute those terrorists as foes of the state. A U.S. founded anti-Syrian terrorist assembly would be illicit in the United States. And they would be illicit since theyre bearing out undertakings booked for Congress and the President. Only authorities have a foreign principle and war-making strategies. But Middle Eastern authorities manage not prosecute terrorists the way we would. Why? Because terrorists often convey out principles and yearns of such owner governments. Middle Eastern terrorists, far from fearing the sword of the ruling administration, rather than are often granted sanctuary by such governments. Governments who give sanctuary and even give acceptance have often taken up the mind-set that terrorists manage them no damage so why should they proceed contrary to the terrorist organizations? In detail, they are not glimpsed as a risk because terrorist assemblies are portraying out the owner governments policies. Both the terrorist assemblies and their owner countries are really foes of the American government when they arrest and murder U.S. citizens for infantry and foreign principle purposes. This is not citizen killing, but infantry warfare. Police, Court, and Correctional Systems   Ã‚  Ã‚   Every kind of scheme Common, Civil, Socialist, Islamic has localized variation.   Even in English-speaking nations, for demonstration, there is variation.   Canadian fairness locations more focus upon the right to a equitable test, free from prejudicial publicity.   In Canada, the public and the newspapers are generally ostracized from the courtroom, and there is little concern in misdeed news.   In England, there is more focus upon fairness in judgment, and producing certain the at fault dont proceed free.   English policeman dossiers along with two kinds of solicitors (solicitors and barristers) and two kinds of enclosures (Magistrate and Crown) assist double-check this.   Ã‚  Ã‚   Police schemes are rather distinct round the world.   With the exclusions of Japan and the Common Law countries, couple of nations contain their policeman agents firmly accountable for violations of municipal rights.   In Socialist and Islamic nations, the policeman contain tremendous political and devout powers.   In detail, in such locations, misdeed is habitually glimpsed as political misdeed and a co-occurring devout problem.   Police universal are the most evident (and accountable) emblems of criminal fairness, so one universal finding is that when policeman go incorrect to command misdeed, casual procedures of regulation (vigilante policing and community courts) are inclined to arise.   Other universal outcome encompass the detail that minorities universal appear to distrust policeman, and that the American discovery of community policing doesnt move well to other nations because it arrives off as too omnipresent (Braga et al. 2007).   Ã‚  Ã‚   Court schemes of the world are of two types: adversarial, where the suspect is blameless until verified guilty; and inquisitorial, where the suspect is at fault until verified blameless or mitigated.   The U.S. adversarial scheme is exclusive in the world.   No other territory, not even the U.K., locations as much focus upon conclusion of factual guilt in the courtroom as the U.S. does.   Outside the U.S., most tests are worried with lawful guilt where every individual understands the lawbreaker did it, and the reason is to get the lawbreaker to acknowledge, own up to their blame, contend for clemency, or propose an befitting judgment for themselves.   Inquisitorial schemes have more mystery procedures.   Outside of the United States, one is probable to meet community (or neighborhood-focused) enclosures which offer an array of non-conventional, alternate sanctions.  Ã‚     Ã‚  Ã‚   Correctional schemes worldwide can be equitably effortlessly differentiated by if they support corporal penalty (beatings) or not.   Some so-called civilized nations that assertion they are better than the U.S. because they dont have the death punishment frequently perform such corporal penalties as beatings and whippings.   Nations that perform corporal penalty manage are inclined, although, to have less of a correctional overcrowding problem.   Probation and parole, where they live cross-culturally, are inclined to be accessible only for native people, and not for foreigners neither immigrants.   Outside of the United States, jails are inclined to be less sanitary and unhealthy.  Ã‚     Ã‚  Ã‚   Juvenile Justice Systems alter widely.   Scotland has the toughest scheme, frequently judgment juveniles to rough boot bivouacs with a firm infantry regiment and compelled labor.   Germany has a juvenile justice system alike to the U.S., but there is more focus upon education.   Not every homeland in the world accepts as factual in exceptional management of juveniles, neither the notion of adolescence. Military Action Based upon the Apostle Pauls educating of government in Romans 13, terrorists should be classified as widespread criminals in their owner countries. But they are not prosecuted by owner nations and are often bearing out the infantry principle and foreign principle of that country. Thus, when terrorists strike, we should not outlook them as criminals but as foreign fighters who try to intimidate the very reality of the American government. Whether or not the terrorists have the firepower and strategic wisdom to really destabilize the U.S. government is not the issue. At topic is how to deal with a new kind of infantry aggressor. Terrorists are not widespread criminals to be endeavored in American municipal courts. They are infantry goals that should be halted since they are equipped and infantry foes of the American government who are on attack. Yes, America has other equipped foes, but they are not on the strike as terrorists are. In the identical way that it took customary detachments some time to discover how to battle guerilla warfare, so it is taking Western authoritys time to recognize that the directions for warfare have furthermore been modified in the case of terrorism. Diplomatic efforts have failed to assure Middle East authorities to assist the United States in conveying terrorist assemblies to justice. Meetings and discussions havent been adept to hit worry in terrorists hearts. When we battle terrorism we require recognizing we are conversing about war. Military warfare is distinct from citizen peacekeeping. In citizen peacekeeping, persons are presumed blameless until verified guilty. A civilian can be apprehended and detained before test, but should be issued except guilt is proven. Military warfare is different. A test is not held for each infantry action. In a sense, in a just conflict, a trial of kinds is held before any activity is taken. Discussion and arguments amidst congressmen and senators generally happen before conflict is declared. Fact-finding investigations, productions, testimonies, and other types of forethought proceed into a affirmation of war. In a sense, when the use of the infantry is engaged, the test time span arrives before any individual is battled or arrested. But one time conflict is announced, there are nothing less tests until the foe is defeated. And every one who aids and abets the foe is at fault by association. At present, terrorism is a one-sided conflict that the United States is losing. American fighters and people are being slain in the war. Unfortunately, the United State is not healing terrorism like war. The restricted conflict forces conceded to the President by the Congress are not sufficient and arent utilized in a methodical way to beat the enemy. If we are to win the conflict contrary to terrorism, we should recognize that it is war. Until we glimpse it as infantry aggression, we will be failed in finish terrorism in this decade. Constitutional Issues Terrorist assemblies are not dwelling in worry of their owner governments. Instead, law-abiding people reside in worry of terrorist groups. In one television interview a Middle Eastern terrorist was cited as saying, We desire the persons of the United States to seem the terror. The proficiency of these assemblies to convey out their agenda is not the issue. The basic topic is how U.S. government managers should deal with this new kind of infantry strategy. Terrorists have held American diplomats hostage for years, blown up infantry mixtures, and hijacked airplanes and cruise ships. Although some hostages have been issued, numerous other ones have been slain and the U.S. has been failed at penalizing more than a little number of terrorists. Although worldwide diplomacy has been the prime entails utilized by the United States contrary to terrorism, we should address what other entails may furthermore be appropriate. In the past, American managers have answered to infantry aggression in a kind of modes short of affirming war. The U.S. Constitution allocations the next forces to Congress: To characterize and penalize piracies and felonies pledged on the high oceans, and infringements contrary to the regulation of nations; to affirm conflict, allocate notes of marque and retaliation, and make directions in relative to captures on land and water. Terrorist actions drop into not less than two of the Congressional provisions for considering with attacks on the nation. They are: (1) to penalize infringements contrary to the regulation of countries, and (2) to affirm war. In either case, there are powerful Constitutional surrounds for taking activity contrary to terrorists. The adversity arrives in apparently recognizing the foe and being eager to risk offending numerous Arab countries who we address allies. Congress should recognize the foe and call that assembly a infantry target. Once that has occurred numerous of the other steps drop into location with less difficulty. At this issue infantry scheme should be established which can search down little assemblies of well-armed and well-funded men who conceal inside the territory of a owner country. We should furthermore evolve a political scheme that will permit us to work inside a owner country. We should make it clear how grave the United States takes a terrorist threat. American people are exhausted of being infantry goals in an undeclared war. Through diplomatic passages we should make two things very clear to the owner country. First, they should apprehend and penalize the terrorist assemblies themselves as citizen criminals. Or, second, they should extradite the foe fighters and give them up to an worldwide court for trial. If the owner homeland falls short to proceed on these two demands, we should make it clear that we glimpse them in complicity with the terrorist groups. But falling short to work out their municipal blame, they depart themselves open to the penalties of permitting hostile infantry forces inside their borders. Intelligence Collection   The criminal justice system has been the source of exceedingly precious understanding on al-Qaeda and other terrorist organizations.   The criminal justice system presents mighty inducements for supposes to supply unquestionable, dependable data, and the Department of Justice and FBI work nearly with remainder of the understanding community to maximize data and understanding got from each cooperator.   Below are just a couple of public examples. Cooperators Provide Intelligence on al-Qaeda and Other Terror Groups   Ã‚  Ã‚   *   LHoussaine Kherchtou, who was apprehended, Mirandized, ascribed with terrorism infringements, and cooperated with the government, supplied critical understanding on al-Qaeda.   He testified in 2001 contrary to four al-Qaeda constituents who were subsequent punished to life in jail after being convicted in attachment with the East Africa Embassy bombings.   Ã‚  Ã‚   *   After his arrest in Afghanistan, John Walker Lindh pleaded at fault in 2002 to carrying the Taliban and, as part of his plea affirmation, supplied precious understanding about teaching bivouacs and battling in Afghanistan.   Ã‚  Ã‚   *   Mohammed Junaid Babar, apprehended in 2004 for carrying al Qaeda and contriving attacks in the United Kingdom, has supplied understanding on terrorist assemblies functioning along the Afghanistan/Pakistan boundary and has testified in the thriving tests of terrorists in the United Kingdom and Canada.   He is arranged to testify in another terrorism test in New York subsequent this year.   Ã‚  Ã‚   *   David Headley, apprehended in 2009 and ascribed in attachment with a contrive to blasting apparatus a Danish bulletin and his supposed function in the November 2008 terror attacks in Mumbai, has supplied exceedingly precious understanding considering those attacks, the terrorist association Lashkar y Tayyiba, and Pakistan-based terrorist leaders.   Ã‚  Ã‚   *   Adis Medunjanin, an supposed aide of Najibullah Zazi, was taken into custody in January 2010, and, after waiving his Miranda privileges, supplied comprehensive data to the FBI about terrorist-related undertakings of himself and other ones in the United States and Pakistan.   He has been ascribed with conspiring to murder U.S. nationals overseas and obtaining military-type teaching from al-Qaeda.   Ã‚  Ã‚   * Other regulation enforcement cooperators are actually supplying significant understanding considering terrorist undertaking from East Africa to South Asia and considering plots to strike the United States and Europe. Incapacitating Terrorists Hundreds of terrorism supposes have been effectively prosecuted in government court since 9/11.   Today, there are more than 300 worldwide or household terrorists incarcerated in U.S. government jail facilities.   Events over the past year illustrate the extending worth of government enclosures in tackling terrorism.   In 2009, there were more defendants ascribed with terrorism violations in government court than in any year since 9/11.   Past Terrorism Convictions and Recent Terrorism Indictments   Ã‚  Ã‚   *   Richard Reid was apprehended in December 2001 and convicted pursuant to a at fault plea in October 2002 of trying to ignite a footwear blasting apparatus while on a air journey from Paris to Miami bearing 184 travelers and 14 crewmembers.   He is assisting a life jail term.   Ã‚  Ã‚   *   Ahmed Omar Abu Ali was convicted in November 2005 of conspiracy to assassinate the U.S. President and conspiracy to consign air piracy and conspiracy to decimate aircraft. Ali was punished to 30 years in prison.   Ã‚  Ã‚   *   In May 2006, Zacharias Moussaoui was punished to life in jail after pleading at fault to diverse terrorism violations, confessing that he conspired with al-Qaeda to hijack and smash into planes into famous U.S. structures as part of the 9/11 attacks.   Ã‚  Ã‚   *   In September 2009, Najibullah Zazi was ascribed with conspiring to use a tool for fighting of mass decimation as part of an al-Qaeda contrive blasting apparatus goals in the United States. Several of his supposed aides have been apprehended and ascribed in government court.   Ã‚  Ã‚   *   During 2009, 14 persons were ascribed in the District of Minnesota attachment with an ongoing enquiry of persons who have traveled from Minnesota to Somalia to train with or battle on behalf of the terrorist assembly al-Shabaab.   Ã‚  Ã‚   *   In September 2009, Daniel Patrick Boyd and other ones were ascribed with contriving an strike on U.S. infantry staff at the Quantico Marine Base, as well as employing juvenile persons to journey overseas in alignment to kill. Just Punishment Although diplomacy has its location, it is so straightforward to glimpse that diplomacy and discussion manage not hit worry in the hearts of terrorists. Yes, American hostages in Iran were finally issued after 444 days. But other American hostages like Lt. Col. Williams Higgins were slain by Lebanese Shiite terrorists. In most situations, diplomatic efforts have failed to convey terrorists to justice. We have shown overhead that Romans 13 devotes government the right to accept the sword to defend its people from criminal risks from inside the homeland and infantry risks from out-of-doors the country. We have furthermore shown that infantry activity is furthermore sanctioned to penalize piracies and felonies and to penalize offenses contrary to the regulation of nations. With this as backdrop, we should now aim on the topic of just penalty which is recounted in Exodus 21. The standard here is that the penalty should be proportional to the crime. A referee could not cut up off a mans hand only because he rubbed another mans hand in a fight. The penalty was to be: set alight for set alight, wound for wound, and band of color for stripe. Excessive penalties were forbidden. Punishment was swift and certain, but it was furthermore equitable and proportional. Just and proportional penalties have been the form for both criminal and infantry punishments. Not that all countries have pursued this rule. But the United States should set up the lesson pitch by next this biblical principle. In the context of our consideration on terrorism, I accept as factual that we should request proportional penalty to terrorists and owner countries. First, this entails that we should not request too critical a punishment. Calls for bombing towns of owner nations in retaliation for terrorist activities should be turned down as unsuitable and unjust. But this furthermore entails we should not request too lightweight a punishment. Host countries that harbor terrorists and deny penalizing or extraditing terrorists should be forced by the United States. Punishment could arrive in the pattern of financial embargoes, import- trade items limits, severing diplomatic relatives, or even infantry actions. But the penalty should be proportional to the terrorist act. Excessive answer or retaliation will not only be unjust, but it will fuel the blazes of anti-American sentiment. In some situations, an American hit force of counterterrorists might be essential when the risk is both genuine and imminent. This should be the choice of last holiday resort, but in certain examples it may be necessary. In 1989, for demonstration, Israeli exceptional forces apprehended Sheik Obeid and no question crippled the terrorist mesh by conveying one of their managers to justice. In 1985, U.S. planes were adept to force an Egyptian airliner down to avert the getaway of another terrorist leader. These are admittedly actions which should be finished seldom and carefully. But they may be befitting entails to convey about justice. Conclusion In deduction, I accept as factual we should identify terrorism as a new kind of infantry aggression which needs governmental action. We are engaged in an undeclared conflict and Congress and the President should take the identical kinds of activities they would if endangered by a hostile country. We should work to discourage farther terrorist aggression in this decade. The best way to apply such a scheme would be through some kind of focused nationwide security court, an concept other ones have suggested with changing grades of specificity. Modeled on the exceptional court that authorizes surveillance in nationwide security situations, such an placement would maximize the public and worldwide legitimacy of detention decisions. It would put detentions in the hands of referees with all the prestige of the government court scheme yet with specific know-how applying directions conceived to defend classified data and organize legitimate security concerns. Such a court is furthermore, in m y outlook, the best venue in which to trial terrorists suspect of conflict misdeeds, utilizing directions that hybridize the present Military Commissions Act with usual government court practice. In addition, the present administrations reliance on a untainted regulation of conflict form for detentions has been a fateful error. But the try to revert to a prosecutorial form for handicapping terrorists would supplant that mistake with a scheme unsuited to the trials we actually face as a society. The right response is-as it has been since September 11-to conceive the detention scheme we require to handle the exclusive position of international jihadist terrorism. That is a task only Congress can complete and it is long overdue.

Monday, January 20, 2020

One Flew Over The Cuckoos Nest Essay -- essays research papers

The role of the hero in Ken Kesey’s novel, One Flew Over the Cuckoo’s Nest, is played by Randle P. McMurphy, a wrongly committed mental patient with a lust for life. The qualities that garner Mc Murphy respect and admiration from his fellow patients are also responsible for his tragic downfall. These qualities include his temper, which leads to his being deemed "disturbed," his stubbornness, which results in his receiving numerous painful disciplinary treatments, and finally his free spirit, which leads to his death. Despite Mc Murphy being noble man, in the end, these characteristics hurt him more than they help him. Throughout the novel, Mc Murphy displays that he has a wild temper. This temper aids him in his battle with the "Big Nurse" Nurse Ratched for control of the mental ward. However, his temper eventually works against him. Upon McMurphy’s arrival to the ward he establishes himself as a con man and a gambler. One of his first bets with the other patients is to see if, within a week, he can put "a bee in [Nurse Ratched’s] butt, a burr in her bloomers. Get her goat. Bug her till she comes apart at those neat little seams" (Kesey, Nest 69). Mc Murphy makes this bet after he learns about the Disturbed Ward where "assaultive" and "potential assaultives" are sent, and also about the "shock shop" where Electro-Shock Therapy is administered to unruly patients. Since Mc Murphy is "not in the habit of los...

Sunday, January 12, 2020

Law Assignment for Child Protection

Law Essay Case Study of Stephanie and Stephen. This essay shall be based on the assumption that I am a Local authority social worker given the case referral of Stephanie and Stephen. The essay shall be focusing on the laws, policy and procedures that will guide through the assessment process of this case and how these can be used to meet the needs of all concerned. The assignment includes discussions on some of the key aspects of framework for the assessment of children in need and their families and The Children’s Act 1989, in particular section 17, duty to safeguard and I will incorporate anti-oppressive and anti-discriminatory practice.Stephanie and Stephen are under the age of 18, this therefore puts them into the category of both of them being classed as children. Under the Children Act 1989 it clearly states that any person under the age of 18 and 16 if married is seen as a child. This consequently places a statutory duty on any local authority child social care worker t o protect them from any harm and promote their well-being. Section 17 (1. ) of the Children Act 1989 says that â€Å"Local Authorities, have a general duty to safeguard and promote the welfare of children within their area are in need† Subsequent to receiving this referral and acting in agreement to the primary aims of the Government Policy, my role and responsibility is to make sure that both Stephanie and Stephen are protected from any harm and that their development needs are met accordingly and appropriately. In the course of this, if I believed that a crime had been committed, I would have a duty to report this immediately to the police.Section 47 of the Children Act 1989 states that â€Å" Children's Social Care Services must inform the police whenever they receive a referral, which may constitute a criminal offence against a child, even when they have decided that they are dealing with the referral as a Section 17† (www. Proceduresonline. com) It is my duty to e stablish if any, the level of risk to Stephanie and Stephen and to use legislation where necessary. The identification of a high-risk individual provides the mechanism for ensuring that children are protected hile avoiding unneeded intervention. (Parton et al. 1997) To try and establish the course of action, I will be guided by the Framework for the Assessment of Children in Need and their Families and Working Together to Safeguard Children to help me in my decision making, planning and if any the intervention that may be required. These are two acts that were issued under Section 7 of the Local Authority Act 1970 which required Social Services to act under there general guidance.This Framework of Assessment will take into account the development needs of the child, unlike the Children Act 1989 that until the mid 1990’s mostly focused on the incidents of abuse rather than the development needs of the child. (Department of Health et al. 2000) By use of taking a holistic view t o the ‘Assessment Framework’, information will be gathered and analysed within three domains of the Assessment Framework namely: the child’s developmental needs, the parent’s capacity to respond appropriately to those needs and the wider family and environmental factors.The Framework is also linked closely to Every Child Matters which aims to ensure the well-being of children and young people from birth to 19. This means that the Government aim is for every child whatever their background or circumstances have the relevant support they need in order to be healthy, stay safe, enjoy and achieve, make a positive contribution and achieve economic well-being (Every Child Matters and Outcomes) It is important that all agencies collaborate and work together to share information.Working Together to Safeguard Children document sets out how all agencies and professionals in the statutory, voluntary and independent sectors should work together to promote children's w elfare and protect them from abuse and neglect requires those agencies to share information. The first point of contact I would make would be with the school and learning mentor. Under s. 27 (7. 4) of the Children Act 1989 the school is obliged by law to assist me with any additional information that might be of help to this particular case. (www. legislation. It is the school that expressed concern and by acting upon this they then completed and sent a Common Assessment Framework (CAF) â€Å"The CAF is a shared assessment and planning framework for use across all children's services and Local areas in England. It aims to help the early identification of children's additional needs and promote co-ordinated service provisions to meet them† (www. cwdcouncil. org) I may also make enquires to the police as to whether there has been any reported incidents, especially taking into account that there is issues of substance misuse and domestic violence.When domestic violence is added into the equation it is clear that the children could be at risk of significant harm. â€Å"Child witnesses of domestic violence greatly impacts upon children’s development causing emotional harm†. (Mullander et al 2002: 6) Under Section 120 of the Adoption and Children Act 2002 states that: â€Å"Children living in households where domestic violence is happening are now identified as â€Å"at risk† under the Adoption and Children Act 2002.From 31 January 2005, Section 120 of this act extended the legal definition of harming children to include harm suffered by seeing or hearing ill treatment of others. (www. womensaid) Additional information may be gathered from other professional such as the child’s General Practitioner (GP) and dentist. Neglecting to take a child to see the doctor or dentist can be seen as neglect in some cases. I would also read through old case notes and talk to previous social care professionals that were involved with the family w hen they were accommodated.Section 20 of the Children Act 1989 defines â€Å"the term accommodated child refers to a child or young person for whom the Local Authority has provided accommodation with parental consent† (Children Act 1989) This is something that can be done without the need to apply to court and it is a way of working in partnership with the parents and empowering the parents to be involved in the ongoing plans for their child. This can be reassessed if the parents becomes uncooperative or inconsistent or commitment to the child.In the event of this the need for care proceeding may be required. (Legislation. gov. uk). From the information already received I notice that both Stephanie and Stephen wish to remain with their parents. The intention of the Children Act 1989 is to keep families together and it should only be that a child is removed as a last resort. Section 47 (5a) of the Children Act 1989 (inserted by the Children Act 2004) says that we need to take account of the wishes and feeling of the child.It is important that in the incident that further action is needed I take into account the fact that the children want to remain where they are but I must balance the risk over the choice. Under the Children Act 1989 (6. 1) â€Å"A decision to remove a child from home must balance the likely immediate and long-term effects of removing the child against the possible harm if the child is left at home. This decision should also take into account the need either to secure evidence of criminal offences or arrest suspects† (Children Act 1989)My next course of action would be to visit the family home and carry out an initial assessment. If I did not feel the children were at immediate risk, I would get in touch with the parents and arrange a time and date for me to visit, however if believed I would be putting the children at risk by doing this, I would consider a unannounced visit. I need to be aware that I will be intervening in the p ersonal lives of Stephanie, Stephen and their parents and my visit may not be welcomed by the family and viewed as a huge invasion and deprivation of their human rights.Article 8 of the Human Rights Act 1998 it states that; â€Å"(1) everyone has the right for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others† (news. bbc. o. uk) They are within their rights to refuse me entry into their home and as a social worker I do not have the power to enforce this. The police would have to be called if I alleged the children were at immediate risk they would then have the power to remove under Section 46 (6. 7)† These are to be used in cases of immediate emergency where the delay of applying for an Emergency Protection Order would pose significant harm to a child. This Order should not be used where a Local Authority can apply for an Emergency Protection Order and has sufficient time to do so. Children Act 1989) The reason for the initial visit is so I can establish if there are concerns and what action if any would be required next. I would need to talk to all concerned and maybe possible extended family to fully understand what is happening within this family. It is important to â€Å"Ascertain the wishes and feelings of child, parents and others relevant to fully address the problems experienced†. (Brammer, A (2003) p, 128) Throughout this assessment it imperative that Stephanie and Stephen remain paramount and the focus of this investigation. Working with family members is not an end in itself; the objective must always be to safegu ard and promote the welfare of the child. The child therefore must be kept in focus. It requires sensitivity and understanding of their circumstances of families and their particular needs† (Framework for Assessing Children in Need and their Families, p. 13, 1. 45) Stephanie and Stephen have rights and it is important that as a social worker I strive to ensure that they are treated as individuals and without discrimination and take full account their wishes, feelings and experiences.By not respecting the children and listening to them because of their age could be seen as discrimination, people are often discriminated because of age whether this being young or old, as social workers it is important that we apply anti-discriminatory practice at all times and to challenge others who discriminate against others. Section 12 of the United Nation Convention on the Right of the Child, (UNCRC) states, â€Å"Children and young people have a right to express a view about things that af fect them† (United Nations Convention on the Right of the Child)I would not withhold any knowledge that I believed may be beneficial to Stephanie and Stephen and their parents. The family may require legal advice and may need sign posting to other outside agencies that could offer independent advice and support. By withholding any information I run the chance of the family being oppressed and as a social worker this is something we would not do. â€Å"A social work practice that does not take account of oppression cannot be seen as good practice no matter how high its standards in other respects. † (Thompson, N. 2000) pg11) For children to enjoy and achieve they need to attend school, this will give them the chance to reach their full potential and the opportunity to improve their life chances. It is the parent’s responsibility to ensure that Stephanie and Stephen attend school. â€Å"The law requires parents to make sure their children receive a full-time educa tion suitable to their needs. For most children this means attending school regularly. As a last resort, schools and local authorities have legal powers to deal with poor attendance. † (www. direct. gov. uk)Stephanie has also told the school that she and her brother are often left home alone. The law of the Government in the UK does not have an age limit for leaving children alone. To ensure they are safe, I would need to explore the level of understanding and maturity of both children, the Children and Young Person’s Act 1993, â€Å"parents in England and Wales can be prosecuted for wilful neglect if they leave a child unsupervised in a manner likely to cause unnecessary suffering or harm to health† (Children and Young Person Act 1993) The other issues of the cooking and home conditions would be explored.It might be that Stephanie likes to cook and this has been her choice, but I would need to ensure this was not something she was being made to do and it is agai n safe for her to do and are they having a healthy diet. The home conditions will be something I will be taking notice of during the visit. Not everyone has the same standards of living and what one person sees as unacceptable is not necessarily the case. Is the home weather proof and free from damp and cold, is it free of hazards, such as syringes left around or illegal substances, is the home clean enough to prevent any infection of any kind.The visit could result in a number of finding and each one is different: It could be as simple as I have found no concerns and no further action is needed. (NFA) Section 17 Children Act 1989- Child in Need Section 47 Children Act 1989-Duty to investigate- Section 31 Children Act 1989-Interim Care Order Section 20- Accommodated- Section 44- Emergency Protection Order So as you can see there is no way of saying which way a assessment will turn out, every case should be treated individually. In conclusion to this essay, I have discovered the impo rtance of understanding the laws that surrounds child protection.Child protection is very complex and our service will not always be welcomed by service users, but it is hoped that through good practice and guidance of the laws, Framework Assessment and Working Together to safeguard children, we are able to keep families together and only remove children as a last resort. It is however evident that this will not always be the case and children will have to be removed against their wishes and the wishes of their families but as it is important that the child remains the focus and in the centre at all times.I managed to establish the significance of practicing anti-discriminative and anti- oppressive practice whilst promoting the rights of children. Families will no doubt feel powerless within this situation and we must continue to empower them at all times. Social Workers are inclined only to get the bad press, but can they win the vote of the public? Time will tell so for ++++++++++ ++++++++++++++++++++++now; we are damned if we do and damned if we don’t. + – .

Saturday, January 4, 2020

The Transcontinental Railroad and Westward Expansion

The Transcontinental Railroad and Westward Expansion Thesis: The transcontinental railroad greatly increased Westward expansion in the United States of America during the latter half of the nineteenth century. The history of the United States has been influenced by England in many ways. In the second half of the 1800 s, the railroad, which was invented in England, had a major effect on Western expansion in the United States. Railroads were born in England, a country with dense populations, short distances between cities, and large financial resources. In America there were different circumstances, a sparse population in a huge country, large stretches between cities, and only the smallest amounts of money. (Railroad 85)†¦show more content†¦Then came the construction gangs who, working in shifts, graded (flattened) the land by as much as a hundred miles a stretch. Behind them came the track-laying crews, each consisting of ten thousand men and as many animals. For each mile of track, the government was loaning the railroad from $16,000, for flat land, to $48,000, for mountainous land (Railroad 86). The supplies needed to lay a single mile of track included forty train cars to carry four hundred tons of rail and timber, ties, bridgings, fuel, and food, which all had to be assembled in a depot on the Missouri River. But the Union Pacific had the twin advantages of comparatively flat land and a continuous supply line back to the factories of the East coast. It was quite different for the Central Pacific, which had to fetch most of its materials, except timber, by sea, twelve thousand miles around the tip of South America. Another difference between the two companies was their work-forces. The Eastern work gangs were recruited from immigrant Irish, poor Southern whites, and poor Southern blacks, while the Western crews came mostly from China. The Union Pacific was said to be sustained by whisky while the Central Pacific was said to be sustained by tea (Douglas 110). While the Easterners were racing through the prairie, the Westerners were stripping foothill forests, painfullyShow MoreRelatedEssay on The Transcontinental Railroad And Westward Expansion2649 Words   |  11 Pages The Transcontinental Railroad and Westward Expansion Thesis: The transcontinental railroad greatly increased Westward expansion in the United States of America during the latter half of the nineteenth century. The history of the United States has been influenced by England in many ways. In the second half of the 1800s, the railroad, which was invented in England, had a major effect on Western expansion in the United States. quot;Railroads were born in England, a country with dense populationsRead MoreManifest Destiny And Westward Expansion Essay1447 Words   |  6 Pages1) OUTLINE: I. Topic sentence. 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