Category: Law 2955

Main Arguments

Casey Hendrick is suspected of committing a series of murders in Urban City during the previous year. He has been observed in the areas where the victims bodies were found at roughly the times when they were discovered. Though every time Kendrick had an alibi of doing his routine activities in those domains, taking into account a set of the psychological characteristics of the suspected along with his criminal record, this fact cannot be regarded as a mere juncture of circumstances.

Crime locations

As opposed to the previous assumptions that there was no logic in the choice of the crime locations because some of them were distant from others, a particular pattern can be observed in considering the areas in which Kendrick lives and works. Lundrigan and Canter (2001) noted that The majority of the murderers operated within an area that bore a strong relationship to their home (p. 609). This tendency can be explained by the attempt to minimize the risks while planning the murders. Leaving the victims bodies in the familiar locations, Kendrick had plenty of opportunities for escaping unnoticed, preventing unforeseen circumstances, and inventing an alibi in case he was observed at the crime locations disregarding all the precautionary measures.

Criminals Spatial Behavior

After mapping the crime locations along with the areas in which Hendricks home and office are situated, it is possible to conclude that Hendricks home was not only included in the crime domain but was also situated at its edge. It should be noted that the criminals spatial behavior was changed after Hendrick was interrogated for the first time. Still, the new domain of the crime locations contains Hendricks route from the office which is familiar to him and allows planning the murder properly.

Hendricks Past Criminal Record

Hendricks past criminal record and, more importantly, the ground on which he was convicted need to be taken into consideration for creating a comprehensive psychological profile of the suspected. Hendrick was accused of repeating incidents of domestic violence by his former wife. Though not all family batterers can become serial killers, this aspect is a significant component of the psychological profile.

Along with the criminal record, several of Hendricks intimate partners noted that Casey demonstrated deviant behavior in their relationships.

Testimonial Evidence of Hendricks Former Wife

The testimonial evidence of Hendrick former wife is shocking. Even putting aside all the factors of psychological pressure and lack of understanding, the case of the Hendricks couple was striking because of the repeating incidents of physical assault. She admitted that Casey did not demonstrate any signs of pity and seemed to be excited and satisfied after battering her. Hendricks wife pointed at his inadequate behavior before, during and after their divorce which was associated with threats and persecutions of her and their son.

Roots of Asociopathic Behavior

The roots of Hendricks deviant behavior with the opposite sex can be found in his family history and childhood. Caseys father was a domestic batterer himself and his continuing physical assault of his mother could even become the precondition of her early death. The incomplete family, fathers alcoholism and his isolation in the company of peers had a significant impact on the development of Caseys deviant behavior and the distorted ideas of the family life and the relationships with the opposite sex.

Causes of Committing Serial Murders

Though it is almost impossible to define the criminals motifs for committing the series of murders, the main factors which are significant for understanding the mental processes of the criminal can be divided into the internal and external subgroups. The majority of the crimes are predetermined by a combination of these factors. The internal factors include the psychological instability of an individual, psychiatric disorders, and sociopathic behavior. The external factors include additional stresses in daily routine such as conflicts, economical problems, and other stressful circumstances.

Internal Factors Present in Hendrick

According to the testimonial evidence of his former wife and relatives, Casey can be defined as a psychologically unstable personality whose behavior was deviant in a number of situations. Ferguson et al (2003) noted that Along with manipulation, domination, and control, a significant motivator for almost all serial killing is sexual (p. 288). All these characteristics can be found in Casey.

External Factors in Hendricks Life

It is significant that along with the continuing stressful situations in Hendricks life, the periods in which the crimes were committed concurred with the additional pressing circumstances such as conflicts with the boss and the court depriving Casey of his parental rights. Those events complicated the situation and became the preconditions for the committed murders.

Hendricks Relationships with Colleagues

Because of his criminal record of the incidents of domestic violence, Casey had problems with employment and it resulted in his debts before he find a vacancy of a programmer in a small firm. Though Hendrick used his work as an alibi in particular cases, the majority of his colleagues spoke negatively about him. The constant conflicts with the managerial staff were predetermined by the lack of working discipline.

Relationships with Son

Because of his family history and bad relationships with his father, Casey had distorted ideas of the family relationships and did not manage to cope with his problems establishing contact with his only child. Though his former wife insisted that Casey loved their child, his desire to manipulate and control prevailed. The repeating incidents of physical punishment were harmful to the boy and the court deprived him of his parental rights hurting Hendrick to the innermost of his heart and intensifying his psychological distress.

Qualities for Planning the Crimes

Along with the psychological instability, an individual needs to obtain a particular turn of mind for planning, committing and hiding a series of murders. Canter et al (2004) noted that The crime scene will reflect a methodical and ordered approach. This is seen as being a consequence of the organized offender being socially skilled and adept with handling interpersonal situations (p. 294). Educated and knowledgeable, Casey should be given a credit for his intelligence and skills of analytical thinking. These qualities helped him not only to find a job but also to remain unpunished for a series of murders.

The Features of an Organized Offender in Hendrick

Despite all the signs of Hendricks asociopathic behavior, it is important to mention his social skills and intelligence. He managed to find a job, disregarding his criminal record and could build bridges to people when he wanted to. His isolation can be explained with his unwillingness to communicate with others.

Hendricks Behavior during the Interrogations

Though Caseys alibi and answers during the interrogations were regarded as persuasive, his behavior was deviant. Trying to protect himself, the suspected told more than he was asked to and seemed to tell a story which had been prepared beforehand. When the interrogator asked any unexpected questions or touched upon the issues which were not related to the main topic, he was confused and sounded less persuasive.

Summary of Hendricks Features

Summing up all the above-mentioned characteristics of the suspected, his psychological profile contains the main traits of an organized serial murder. Along with the facts that he has been observed at the crime locations and the choice of the areas depends upon the domains of his home and office, the mixture of the internal and external factors resulted in a series of murders.

Continue Investigation

Considering the fact that the psychological profile is insufficient for convicting Casey, wiretapping and searches of his home are needed for getting the necessary evidence for making a full proof arrest. Though the criminal managed to plan the murders and choose the appropriate crime locations, it is impossible to hide all the evidence and samples of clothes in which the crimes were committed, for example, or some information on the crime locations or victims can surely be found at Caseys home of office or can be retrieved from his telephone talks.

References

Canter, D., Alison, L., Alison, E., & Wentink, N. (2004). The organized/disorganized typology of serial murder; Myth or model. Psychology, Public Policy and Law, 10(3): p. 293-320.

Ferrguson, C., White, D., Cherry, S., Lorenz, M., & Bhimani, Z. (2003). Defining and classifying serial murder in the context of perpetrator motivation. Journal of Criminal Justice, 31: P. 287  292.

Lundrigan, S. & Canter, D. (2001). Spatial patterns of serial murder: An analysis of disposal site location choice. Behavioral Sciences and the Law, 19: p. 295-610.

Neil Gorsuch and His Questionable Appointment

In order for the Judicial branch to operate successfully, a strict hierarchy among courts must be in place. The Supreme Court was established through the Judiciary Act of 1789 as the head of all the other courts. Having the ultimate jurisdiction over all state and federal courts, the Supreme Court is the final Court of appeals, and its decisions are rarely overturned. The impact of the Courts rulings implies public debate, divisive opinions, and heated arguments over its decisions and appointments. In this essay, the appointment of the Associate Justice Neil Gorsuch and the Supreme Courts ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission are going to be discussed in detail.

Associate Justice Neil Gorsuch proved to be an exceptionally controversial choice, as his candidacy and subsequent appointment illustrated the grand scale of political polarization in every governmental branch. The selection of the Supreme Court members does not involve public voting but rather a three-step appointment process. Firstly, the President of the United States nominates a candidate, and then the Senate must approve the nomination through hearings and a majority vote.

Finally, the President officially appoints a new Justice. The appointment of Neil Gorsuch is one of the latest controversies surrounding the Supreme Court and Trump administration in particular. After the death of Antonin Scalia, an Associate Justice of the Supreme Court of almost thirty years, Senate Republicans refused to hold a hearing for Barrack Obamas nominee, waiting for the results of the 2016 election. Donald Trump won, and thus Gorsuch took a vacant seat in 2017 (Justices: Current Members). It might be seen as a direct reflection of escalating power battles between Democrats and Republicans.

While Gorsuch has proven himself as an assertive and active member of the Court, his outward support of the Presidents administration may be considered problematic. At his inaugural oral argument, Gorsuch managed to break a record asking 22 questions, and he wrote 337 pages of opinions and justifications, as a result of his first term in office (Barnes and Kim). Despite the unusually enthusiastic and dynamic presence on the bench, his appearances outside the Court are subject to criticism. Justices on the Supreme Court are not supposed to demonstrate any affiliation with a political party.

Still, Gorsuch visited an event with Senate Majority Leader Mitch McConnell, a Republican, in Kentucky. In addition to this, he gave a speech at the Trump International Hotel, which cemented his public endorsement of the Trump administration and confirmed Gorsuchs image as a partisan.

The problem With Masterpiece Cakeshop v. Colorado Civil Rights Commission

Masterpiece Cakeshop v. Colorado Civil Rights Commission is a case of the Supreme Court that was misrepresented in the news, its media coverage manipulated to fit one political partys agenda. After the owner of Masterpiece Cakeshop, Jack C. Phillips, expressed his unwillingness to bake a wedding cake for a same-sex couple, young men filed discrimination charges. The Colorado Civil Rights Commission ruled in favor of the couple, while the Colorado Court of appeals upheld that decision based on the First Amendment. This case was a major step toward resolving conflicts between religious freedom and anti-discrimination laws protecting LGBT people. (Epps).

Major media outlets disregarded the religious aspect of the case and took an overly progressive stance focusing solely on the issue of discrimination. The mass medias portrayal of the case did not change even after the Supreme Court 7-2 ruling that the Colorado Commissions original decision disregarded the states obligation of religious neutrality. (Masterpiece Cakeshop v. Colorado Civil Rights Commission). Very few journalists mentioned the government forcing private businesses to act in contradiction to their religious beliefs. Lack of different perspectives and genuine, constructive arguments in the media made this case so troubling and disappointing.

Works Cited

Barnes, Robert, and Seung Min Kim. Everything Conservatives Hoped for and Liberals Feared: Neil Gorsuch Makes His Mark at the Supreme Court. The Washington Post. 2019. Web.

Epps, Garrett. Justice Kennedys Masterpiece ruling. The Atlantic. 2018. Web.

Justices: Current Members. Supreme Court of the United States. Web.

United States, Supreme Court. Masterpiece Bakery v. Colorado Civil Rights Commission. 2018. Legal Information Institute, Cornell U Law school. Web.

Case Summary

Frank Lyon Co. v. the United States, 435 U.S. 561, is a U.S. Supreme Court case of 1978, during which the eligibility to tax deductions was reviewed in the context of a sale and lease back agreement between a bank and a Frank Lyon Corporation. The Worthen Bank admitted being non-feasible to complete its building construction and engaged in the sales and lease back agreement with Frank Lyon Co. to sell the building and then lease it back from the new owner.

Upon the agreement was signed, the bank was obligated to pay rent equal to the principal and interest payments on petitioners mortgage with an opportunity to repurchase the building (Library of Congress, n. d., p. 561). The petitioner, Frank Lyon Co., claimed deductions deprecations. Following the claim, the Commissioner of Internal Revenue did not meet the request and did not allow the deductions explaining it by the idea that Frank Lyon Co. was not the owner of the building. Therefore, the company was not entitled to receive deductions because the sala and lease back transaction was a mere financing transaction (Library of Congress, n. d.). The case was taken to the Supreme Court, which held that the petitioner had the right to obtain tax deductions.

Facts

Frank Lyon Co. was a company operating in the sphere of interior furnishings. Worthen Bank was a state bank participating in the Federal Reserve System (Library of Congress, n. d.). A third party was involved, which was the New York Life insurance company that provided long-term financing for the project (Kavulich, 1979). Worthen Bank had an intention to complete the construction project but could not succeed due to financial constraints. Worthen Bank initiated a sale and lease back agreement with Frank Lyon Co., sold the building to Lyon, and then leased it for the term of 25 years with the right to extend or repurchase. Worthen paid rent; Frank Lyon Co. accrued rent at the end of the financial year 1969 and filed for a tax deduction. Commissioner denied deduction stating that Frank Lyon Co. was not a title owner of the building.

Tax Issues and Analysis

Despite the three-party nature of the case, the court considered it a two-party case where Worthen Bank and Frank Lyon Co. In terms of the federal tax system, the claimed transactions within the sale and lease back agreement were considered mortgage loans, and the lease relationship between the two parties was analyzed, where they act as lessee and lessor, respectively. According to Kavulich (1979), the sale and lease back agreement implied that the transactions would result in the same economic positions for both parties as they were before the agreement. Thus, an economically genuine lessor-lessee relationship & will permit the tax benefits to flow to the lessor (Kavulich, 1979, p. 622). The lessor entered the agreement with an intention to obtain tax benefits, which is why it is imperative for Frank Lyon Co. to file for tax deductions. Therefore, since Frank Lyon Co. was exposed to the risks and the losses due to deprecations, the tax procedures involved the petitioner, not the bank, who now was merely a lessee.

The overall sale and lease back agreements aim is multifaceted and allows companies to pursue their financial, economic, and developmental goals. However, as stated by Rashty (2018), one of the main benefits of the sale and lease back transaction initiative is the ability to transfer the tax ownership and related benefits to the buyer-lessors (p. 54). Similarly, Ashiya (2015) states that taxation by itself does not favor the seller/lessee (p. 92). Therefore, the tax benefits are a legal attribute of Frank Lyon Co. that is eligible for the tax deduction, that holding that was achieved in the Supreme Court.

An Overview of Sale Lease Back Transactions

The arrangement of sale and lease back transactions provides mutual benefits for the two parties entering the agreement. As stated by Deo (2018), the lease agreement allows for obtaining the right to use the property in return for a series of specified future payments over a definite period (p. 10). In the case of Frank Lyon Co. v. the United States, the Worthen Bank used the building in possession of the owner, Frank Lyon Co., with an obligation to pay rent and fro 25 years. Such agreements allow the companies to eliminate some items of property or real estate from their financial statement sheets but to continue using them (Deo, 2018). In such a manner, due to the non-feasible status, Worthen sold the building and therefore transferred the rights for taking tax deductions to the title owner, who is Frank Lyon Co.

Conclusion

Summarizing the case, one should reiterate that Frank Lyon Co. v. the United States, 435 U.S. 561, was ruled by the Supreme Court of the United States on the matter of tax deduction eligibility of the parties engaged in the sale and lease back agreement concerning a bank building. Since Worthen Bank sold the building to Frank Lyon Company and then signed a lease, the status of the title owner was transferred to Frank Lyon Co. According to the federal tax issues and legal considerations related to the sale and lease back agreements, the title owner and lessor was entitled to tax deductions.

References

Ashiya, N. (2015). Determinants of potential seller/lessee benefits in sale-leaseback transactions. International Real Estate Review, 18(1), 89-112.

Deo, P. (2018). Sale and leaseback revisited. Journal of Accounting and Finance, 18(5), 10-22.

Library of Congress. (n. d.). U.S. Reports: Frank Lyon Co. v. United States, 435 U.S. 561 (1978) [PDF file]. Web.

Kavulich, J. J. (1979). Income tax  three-party sale-leasebacks  true leases or financing techniques? Frank Lyon Co. v. United States, 435 US 561 (1978). Western New England Law Review, 1(3), 601-622.

Rashty, J. (2018). An analysis of the new sale and leaseback guidance. The CPA Journal, 88(9), 52-56.

Introduction

The role of the Supreme Court in resolving cases of the violation of civil liberties is significant. Being the highest court in the federal judiciary of the United States, it has the authority to review the cases ruled by the lower courts. Besides, the Supreme Court can re-examine statutes if they seem to include the statements that violate the Constitution and the Bill of Rights. In this essay, it will be demonstrated that the power granted to the Supreme Court by the Constitution provides it with the right to resolve the case of violating the Bill of Rights by the Lanham Act. As a result, it enables modifying the Act and extracting its portions, contradictory to the right to freedom of speech, mentioned in the First Amendment.

Description of the Case

Simon Tam, a punk-rock musician, founded a band, all the members of which were Asian Americans. He decided to name it The Slants, seeking to register the name; however, the registration was denied. After determining the ethnicity of the bands members, the examiner of the United States Patent and Trademark Office concluded that this name would appear disparaging to Asian Americans. As he argued, the name violates Section 2(a) of the Lanham Act, the principal federal trademark statute. The mentioned section of the Act states: No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it & consists of & matter which may disparage & or disrepute (U. S. Trademark Law, 2013, p. 9). An amicus brief was filed, presenting the argument that paragraph 2 of the Lanham Act violates the First Amendment of the Bill of Rights, which states: Congress shall make no law & abridging the freedom of speech (The United States Bill of Rights, 2015, amend. I). After the final decision of the Supreme Court, the portions of the Lanham Act were repealed. The reason for it was the resolution that the bands right to freedom of speech, protected by the First Amendment, was violated by the government by its denial to register the bands name.

The Role of the Supreme Court

After Simon Tam, the leading singer of the band had not succeeded in the registration of the proposed name, he contested the denial through the administrative appeals process that had no positive result as well. He then proceeded with the case in federal court, where the banc Federal Circuit stated that the case of denial of the registration violates the Free Speech Clause of the First Amendment. The next step was filing an amici brief by the amici curiae, the organizations that are not participants of the case but can assist by providing necessary information or expertise related to it. In this case, among such supporting organizations were the American Civil Liberties Union (ACLU), the Asian American Legal Defense and Education Fund, the Asian Pacific American Network of Oregon, the Chinese American Citizens Alliance, Portland Lodge, the Portland Japanese American Citizens League, and the Oregon Commission of Asian and Pacific Islander Affairs.

In the amicus brief, the summary of the argument stated that the governments regulation of private speech based on viewpoint is prohibited, according to the First Amendment; discrimination based on viewpoint is a punishable offense. The law cannot tolerate the selectiveness in approving the cases of free speech, which is, in this case, the proposed name of the band. Thus, the denial in registration was an example of a violation of the Bill of Rights.

The document then reached the Supreme Court, and the final decision was made. The Court stated that the Patent and Trademark Office is obliged to evaluate the marks, including words, names, and symbols is an example of distinguishing the goods from those of others. In this process, a disparagement clause is to be applied; however, the assessment, whether the disparagement is present in the particular case, has to be examined by several steps. The Supreme Court then investigates several arguments, including the personal intention of the bands leader. As per the statement of Tam, the name was supposed, instead of implicating disparagement, to challenge the public misconceptions about Asians and make people reconsider their opinion in light of the high quality of art produced by the band. This, as well as other arguments, were used by the Supreme Court in support to make the decisions of reviewing the portions of the Lanham Act and, ultimately, to enable the band to register their name.

The importance of ruling this case is evident, considering obvious contradictions to the Bill of Rights indicated in the federal statute during the proceeding. These violations, if not identified, would potentially affect other cases of a similar kind. This case demonstrates the judiciary power granted to the Supreme Court, which includes the right of judicial review. The Supreme Court can re-examine a statute, or administrative regulations, in case of suspected violation of the United States Constitution and the Bill of Rights. The authority for judicial review was asserted by the Court in 1803, in the first case where the controversy to the Constitution as indicated in the statute (U.S. Reports: Marbury v. Madison, n.d.). The case, described above, is an example of such an authority of the Supreme Court.

Conclusion

In this essay, the role of the Supreme Court in the protection of civil rights was examined. It was demonstrated that the Court is the highest authority in the court system. Moreover, it has the judiciary power to re-examine statutes and administrative regulations; the described case that resulted in reviewing the United States Trademark Law is an example of such judiciary power of the Supreme Court.

References

1. U.S. Reports: Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). (n.d.). Web.
2. U. S. Trademark Law. (2013). U. S. Patent & Trademark Office. Web.
3. The United States Bill of Rights: First 10 amendments to the Constitution. (2015). Web.

Introduction

Judiciary is a collective reference to the judges and their authority in a country. In England and Wales, the system consists of judges and commissions, and individuals responsible for ensuring that the process of appointing a judge is transparent. This newsletter article aims to explain to the students the components of the judiciary and their suitability, considering the challenges of this century.

Composition of the Judiciary

The long history of the judiciary of both England and Wales has affected the structure and responsibilities of the different elements of this system. The judiciary system on these territories has existed for over nine hundred years.[1] This long existence means that there are well-established rules and traditions that may be barriers in the 21st century. However, the Parliament has introduced several reforms aimed at transforming this system into a more modern one.

Judicial independence is a pivotal point of any judiciary. The nature of the judiciary has changed recently since the Consitutituional Reform Act of 2005 modified several positions. One example of this is the role of the Lord Chancellor.[2] Under this law, government ministers are banned from trying to influence the judges and their decisions in any way. Next, the position of Lord Chancellor was transformed into the President of the Courts of England and Wales. This position is among the key roles within the judiciary system of England.

The President of the Courts of England and Wales is a core figure within this system. The responsibilities in this position include training of judges, their guidance, and support. Moreover, the President of Courts represent the judiciary system before Parliament. Notably, this is only a title given to the Lord Chief Justice, who is now in charge of managing the courts and making managerial decisions.

The Judicial Appointment Commission is in charge of reviewing the candidates that later will be appointed as judges. This commission selects candidates and recommends them to the Secretary of State for Justice. The core values of this commission are independence and adherence to the standards of merit, which are the main criteria of selection. Additionally, this commission strives to ensure that the selection is modern, open and transparent. Hence, the Judicial Appointment Commission is an essential element of this system that allows for a transparent and coherent selection of judges.

Finally, an individual appointed as Judicial Appointments and Conduct Ombudsman is overseeing the courts and conducting investigations into the appointment process. This position allows for additional transparency of the appointment system because the Ombudsman can investigate complaints and make recommendations about the appointees. The Constitutional Reform Act regulates the types of complaints and the scope of responsibility of the Ombudsman.

Tribunals as a distinct form of a court were established relatively recently. The 2008 Tribunals, Courts, and Enforcement Act legally outlined the role of these courts when they were first established in 2006. The Tribunal is divided into First and Upper Tier, each part consisting of different chambers. Although formally, tribunals existed before, these were small structures not connected with one another, while the reform created a unified system of tribunals and absorbed the 20 smaller tribunals.

Lord Chief Justice is perhaps the most crucial figure who governs this system. For instance, the Lord is responsible for some 400 statutory functions. Before the 2005 reform, Lord Chancellor was responsible for these functions. Some examples of these responsibilities include deciding the cases that judges will hear or determining where these judges will sit. Next, the Judicial Executive Board helps manage executive decisions that the Lord Chief Justice makes. Judges Councill represents the judiciary of the entire country.

The judicial system in both England and Wales was transformed to respond to the challenges and issues of the 21 century. As a result, it is more structures and more transparency are guaranteed through the division of accountability and the ability to cross-check appointments and complaints by the Ombudsman. Also, this issue of independence has also been addressed through the reform by changing the scope of responsibilities for certain positions, most important by modifying the role of the Lord Chancellor. The Supreme Court is an independent institution, which replaced the practice of using the House of Lords as the principal judicial power. The separation of this court and the Parliament adds to the independence of the judges.

Suitability for the 21st Century

The 21 century presents many challenges regarding the exercise of the courts power and freedoms. The main issues can be categorized into three categories: social changes, productivity, and executive powers interventions. From this, one can conclude that judiciary independence is of utmost importance that should help the judges escape pressure from the legislative powers or representatives of executive powers and function independently. Hence, the judiciary of the 21-century faces challenges that are different from those it faced last century. However, considering the reforms that separated the courts, mainly the Supreme Court from the Parliament, the current system is created with an understanding that the courts have to be independent.

The judiciary system has been transformed recently to respond to the challenges of the 21st century. The Constitutional Reform Act of 2005 legally outlined the independence of judges. This was an essential step in ensuring that this challenge is addressed  now, the process of selecting, appointing, and investigating complaints about judges is more transparent. However, the issue of responsibility to the newly emerged social problems remains unaddressed within the current system. The social changes of the 21 century require the judicial system to adapt in accordance with an understanding that judiciaries have an immense influence on the norms and social values.

Conclusion

In summary, the judiciary system of England and Wales has existed for over nine hundred years. However, in 2005 it was reformed with many responsibilities being transferred to the President of Courts and Lord Chief Justice. Besides, the process of appointing judges has become more transparent and suitable for the 21st century. Despite this, some other challenges remain to be an issue with the current system.

Reference list

1. Courts and Tribunals Judiciary, Constitutional reform, (Courts and Tribunals Judiciary n.d.). 
2. Courts and Tribunals Judiciary, Structure of the courts & tribunal system, (Courts and Tribunals Judiciary, n.d.). 
3. Courts and Tribunals Judiciary, How the judiciary is governed, (Courts and Tribunals Judiciary, n.d.). 
4. Courts and Tribunals Judiciary, The Supreme Court, (Courts and Tribunals Judiciary, n.d.). 
5. Migel, J, Ramos, J and Domingos, S. The independence of the judiciary in the democratic balance of the 21st century (EJTN, 2018). Web.

Introduction

Rules are formed on the basis of law, hence the two work together to form a rule of law. It, therefore, implies that law is supreme and applies to everyone, including the makers and that anybody going against it is to face its wrath. It expressly means that in the rule of law, no one can be exempted no matter the position he or she holds in society. The principle of rule of law relies on the set down procedures in which specific decisions are made, hence protecting the parties involved from decisions of judgments that may be considered arbitrary (Valverde, 2006). The case of Marie vs. Jayne case falls under the broader rule of law. The rule of law demands that everyone is granted a right to own a property as long as the property legally belongs to him or her; subject to proof (Alston, 2000). According to chapter 12 of The Ethics of Liberty, everyone has an absolute right to own a property justly, subsequently meaning that he or she has the full authority and responsibility to keep it or use it as long as the user does not infringe on others (Rothbard, 2009). However, the subdivision of the law means that not all cases belong to the same category, even this of Jane vs. Marie and Co. Jayne is more likely to face charges of pretty theft as well as assault.

The Courts

The English legal system provides two types of court structures. One structure is responsible for criminal cases while the other is in charge of civil cases. Almost all criminal cases are handled at the magistrates court and the Crown Court. In practice, Crown Court is left with more serious criminal offenses that Magistrates Court may not be in a position to handle appropriately (Owens, 2001). Civil cases on the other hand are handled by the county court and several administrative tribunals which have been incorporated in the general court systems that are mainly comprised of industrial tribunals (Owens, 2001). In this arrangement, just a few cases are left for High Court level judgments.

Civil law Vs Criminal law

In general practice, it is important for Jayne to know the difference and interrelation between civil law and criminal law. This will be important in establishing the possibility of which approach her likely accusers will take and to know the difference between particular courses of conduct that may lead to consequences in both civil laws as well as criminal law. For instance, any crime of murder and other criminal activities that may lead to inflicted injury to another person may be categorized as a civil wrong (or tort) of assault (Owens, 2001). The crime of damaging a property that does not belong to you or throwing an object to another person with an intent to hurt may be categorized as trespass while the act of damaging property without any due care may be categorized as negligence; the crimes that may involve dangerous acts like insulting and throwing objects which may lead to some sort of injury to anybody could amount to the tort of negligence (Owens, 2001).

Even though all crimes will inevitably amount to torts, it is very rare in general practice to find that a victim of a crime brings a civil case against the offender, unless he or she is sure the offender has a proper insurance policy or has the ability to pay for the damages (Broadbridge, 2005). So Jayne must be in a position to assess herself if she has the financial muscle to warrant a possible civil case against her by her accusers. The logic here is that it is almost useless to bring a case against one who cannot afford to pay for the damages leveled against him or her.

Another important thing to note is that most civil cases are normally settled out of courts. For Jayne and Marie, this is very possible in that Jayne may accept the damages of Maries book and they agree on personal terms on how to settle the case outside the court of law. In this aspect, Jayne may make a particular offer to Marie, which will determine the possibility of Marie withdrawing her case on personal terms (Owens, 2001).

In some instances, the conduct of the accused or defendant may be classified as both criminal and civil cases. But the possibility that a conviction of a criminal offense does not conclusively justify that the accused actually committed a crime that the court has found him or her guilty of. The result of this criminal case if applied in a civil case may increase the presumption that the accused was actually guilty of the offense (Owens, 2001). If such occurs in this case, it is up to Jayne to prove beyond reasonable doubt that she was actually wrongly accused and that she did not commit the crime, hence making Marie start all over again to prove that Jayne actually committed the crime just as the criminal court had proved to warrant the demanded compensation for the damages at a civil level. Generally, this process will be very difficult for Marie.

Can the Claimant (Marie and Co.) demand compensation at the criminal case level?

While it is possible that Jayne may be subjected to compensation Marie at a criminal court level, the decision solely lies with the court (Owens, 2001). This is possible under the Powers of Criminal Courts (Sentencing Act 2000) (Owens 2001). In this case, the court is given full authority to decide on such issues and may not involve the opinions of the feuding parties (i.e. Jayne and Marie). However, Owens observes that criminal courts never use this power to the maximum under normal circumstances (2001). This is because the criminal Court of Appeal insists that compensation should never be applied where the accused is likely to commit the same crime or other forms of crime against the accusers to accomplish the unfinished mission (Owens, 2001). For instance, Jayne threatening her teacher, Audrey that she will get her later is likely to rule out the possibility of compensation if Jayne is found guilty at a criminal court level. This is because Jayne may be taken to be planning another crime later even after serving her punishment.

Self-defense

According to the law, everyone has a right to self-defense in case it deems necessary (Broadbridge, 2005). Marie accidentally forgot her book in a public place. Jayne got access to the book and used it inappropriately as it was not hers and she was in dire need of it.

How can Jane defend herself? And what does the law say? In the practice of criminal law, it is a common phenomenon that self-defense is recognized by law. The following are ways in which Jayne can carry out self-defense:

First, Jayne must deny the charges of theft in order to constitute an act of defense. For a petty theft case, Marie misplaced her book. Was the teachers suspicion enough proof that the book did not belong to Jayne but Marie? If that is the case how can a picture from a book of the same series that is done by the same author(s) be different in two books? Definitely, the ownership of the book was not proven, even after the search, for the search cannot make up for a concrete investigation. It will therefore take Marie and the witnesses to justify that she actually left the book where Jane got it and that the book actually belongs to her.

The use of force for self-defense

Jayne may highlight the circumstances that led to her actions, the assault. In the practice of criminal law, self-defense is defined as the application of force in an effort to prevent an imminent or perceived injury or death (Broadbridge, 2005). Basically, circumstances may differ depending on the nature of the case and the parties involved. A person who kills a burglar who has invaded his home may be proven guilty of manslaughter or murder, that is, depending on the situation, the person may be found guilty of intentionally killing a burglar who provokes him or her (Broadbridge, 2005). In such a case the case will be treated as murder. On the other hand, if the killing occurred unintentionally, it will be treated as manslaughter. In either case, the person will be acquitted if it is proven that his or her actions are proven to be in self-defense.

In the year 1987, Eric Butler was charged with an assault on a mugger, whom he stabbed with a sword stick (Broadbridge, 2005). However, the Crown Prosecution Service withdrew his case on account of self-defense (Broadbridge, 2005). The jury said that Mr. Butlers use of the sword stick was proper, but it was illegal for him to be in possession of an offensive weapon, hence calling for a separate charge of being in possession of an offensive weapon, other than stabbing (Broadbridge, 2005). Jayne was not armed. Another case is that of Ben Lyon, a managed 73 was charged with attempted murder as well as wounding with the intention to kill a man who wanted to break into his house (Broadbridge, 2005). He defended his several shots, saying that he was only forced to act in such a manner in self-defense and never intended to inflict harm to the man. He was proven not guilty of any offense hence acquitted.

In this aspect, Jayne should be in a position to convince the jury beyond doubt that her actions to hurt one of the security officers and pull the teachers hair are because she was scared and that what she did was actually a last resort. It is important to let the jury know that her intention was not to hurt the two victims but to protect herself from being harassed and hurt in the process of search. She should be ready to acknowledge that the actions were aggravated by the fact that she felt the people were embarrassing her and any attempt to call for assistance were thwarted because she was one person against many people whose intents she believed were to spoil her reputation by labeling her a thief and hurt her.

Jayne should also be ready to tell the jury that her attack on the teacher and the security officers was a result of these people attacking her. This argument should be based on the point that she acted in response to the attackers first strike and she was convinced that the people would hurt her (Broadbridge, 2005). By this, she can demonstrate that the group (the teacher and the security officer) committed a felony (Broadbridge, 2005). In the practice of criminal law, it is legally acceptable for one to defend against attackers if they intended to or attack first. Another important thing is that Jayne should show beyond doubt that the force she used was proportionate to the level of threat she received. Normally, the law has a provision where the jury will weigh the proportionality of the act in a very careful and accurate manner (Broadbridge, 2005). She will have to show that she immediately stopped her actions when she realized that the security officers and the teacher had left her alone, but continued to hull insults to scare them off and ensure that they never repeat the same to avoid being accused of plans to hurt the teacher considering her statement, I will get you later!. This may be treated as a normal psychological response for fear of later pursuance by the authority.

Reference List

Alston, P. (2000). Promoting Human Rights Through Bills of Rights: Comparative Perspectives. Oxford: Oxford University Press.

Broadbridge, S. (2005). Criminal Law Amendment: Householder Protection Bill. Bill 20 of 2004-2005. Home Affairs Section: House of Commons Library.

Owens, K. (2001). Laws for Non-Law Students. London: Routledge- Cavendish.

Valverde, M. (2006). Law and Order. London: Routledge- Cavendish.

Marijuana accounts for a significant fraction of illicit drugs used worldwide. The addictive qualities of cannabis are often debated and compared to the similar effects of nicotine and alcohol. This topic has received a significant amount of attention recently, as many states consider legalizing the recreational use of the drug. Hence, the importance of the research on the addictive qualities of marijuana can not be underestimated, as it should play a pivotal role in the decision-making process.

The resources used in preparation for this paper include the National Institute on Drug Abuse and the Centers for Disease Control and Prevention. Numerous peer-reviewed scholarly articles and reports available in online libraries were analyzed to gain information on the topic. The first selected study was funded by the National Institutes of Health, American Foundation for Suicide Prevention, and the New York State Psychiatric Institute (Lopez-Quintero et al., 2010). The second study was funded by the Australian National Health and Medical Research Council and the Australian Government Department of Health and Ageing (Swift et al., 2008). In both cases, funding bodies did not participate in the studies or analysis of the results.

In the first study, researchers aimed to establish the connection between substance use and dependence using the survey data collected by the National Institute on Alcohol Abuse and Alcoholism. The analysis was based on the answers of 34,653 adults identified as life-time users of at least one of the following substances  alcohol, nicotine, cocaine, or cannabis (Lopez-Quintero et al., 2010). The data was adjusted to avoid disparities in representation of different social groups based on sex, ethnicity, age, and so forth (Lopez-Quintero et al., 2010). Participants were asked when they tried the substance for the first time to determine the use onset (Lopez-Quintero et al., 2010). The substance use disorder (SUD) diagnosis was was determined by the criteria set by the American Psychiatric Association (APA) in DSM-IV (Lopez-Quintero et al., 2010). To establish whether the respondents had SUD, researchers asked them how often they experienced specific symptoms (Lopez-Quintero et al., 2010). The responses showed that the percentage of addicted individuals varied significantly between different substances.

The study results largely reconfirmed earlier research on the topic, which indicated that marijuana users could develop an addiction. However, the probability was relatively low compared to nicotine or alcohol users. The statistics showed that less than 9% of marijuana users would develop addiction over the course of their lives (Lopez-Quintero et al., 2010). Among social groups, younger individuals, males, and American Indians/Alaskan Natives were more prone to becoming dependent on the drug (Lopez-Quintero et al., 2010). The study is based on a large-scale survey that provided sufficient data for all social groups. However, a few serious limitations associated with this method exist. The accuracy of the data largely depends on the respondents conscientiousness and can not be measured objectively. Moreover, the survey lacks information on the changes in participants income, which could significantly alter the interpretation of the differences between social groups.

The goal of the second study was to determine whether the early exposure of adolescents to marijuana leads to cannabis dependency in young adults. The researchers selected 2032 students from the mid-secondary schools in Victoria, Australia, in 1992 and tracked their progress for ten years, during which they were supposed to participate in eight interviews (Swift et al., 2008). The researchers considered additional factors in sampling, such as sex, school location, parental divorce, parents smoking habits and level of education (Swift et al., 2008). The teenagers were asked when they tried marijuana for the first time, and they had to report the frequency of use (Swift et al., 2008). Only 1520 participants took part in the last, eighth wave of reviews in 2001-2003 (Swift et al., 2008). To establish whether the young adults who participated in the last wave of interviews had SUD, the researchers used DSM-IV criteria (Swift et al., 2008). The respondents answers helped to establish a connection between adolescent use of cannabis and addiction rates among the young adult population.

The findings of the study are consistent with the previous research, which established that early and frequent exposure to cannabis among teenagers increases the risk of dependence later in life. The results indicated that the respondents who used tried cannabis early or used it regularly in adolescence had a significantly higher chance of developing an addiction by the age of 24 (Swift et al., 2008). Similar to the first study, male gender was identified as one of the additional risk factors (Swift et al., 2008). Frequent interviews and high participation are mentioned among the strengths of the study (Swift et al., 2008). However, the accuracy of the data gained through the self-reporting procedure can be considered a limitation.

Overall, the research proves that marijuana users can develop a dependence, even though it is less addictive than nicotine or alcohol. The review of both studies has shown that long-term exposure to cannabinoids can lead to SUD. Reviewed articles were published within the last 15 years, and they maintain their relevance today, as both studies are often cited in the latest volumes of academic journals. The results of the second research project show that the growing number of marijuana users among teenagers will likely cause a significant increase in SUD diagnoses in the next decade. Further research is needed to bring attention to this issue and explore possible prevention measures.

References

Lopez-Quintero, C., de los Cobos, J. P., Hasin, D. S., Okuda, M., Wang, S., Grant, B. F., & Blanco, C. (2011). Probability and predictors of transition from first use to dependence on nicotine, alcohol, cannabis, and cocaine: Results of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC). Drug and Alcohol Dependence, 115(1-2), 120-130.

Swift, W., Coffey, C., Carlin, J. B., Degenhardt, L., & Patton, G. C. (2008). Adolescent cannabis users at 24 years: Trajectories to regular weekly use and dependence in young adulthood. Addiction, 103(8), 1361-1370.

In 2016, Major League Baseball (MLB) and the MLB Players Association (MLBPA) created a new labor agreement. Such an undertaking was a critical event within the scope of the sport, especially given the recorded revenues that were obtained during the period of the previous Collective Bargaining Agreement (CBA). This paper aims to research the crucial aspects of this legal document as it  in essence  dictates the rules of the business side of baseball.

The mentioned above Collective Bargaining Agreement is valid for five years, starting from 2017 and ending in 2021; its termination date is December 1, 2021. It should be noted that by the time the CBA is terminated in 2021, Major League Baseball will have had twenty-seven years of continuous labor calmness, which means an absolute absence of lockouts or strikes starting from 1994. The regular season, according to the CBA, was expanded in order to give a player four extra day-offs. Players continued to be provided with a full-year service accumulating 172 service days. The mentioned four days did not extend the season, as well as did not affect a players coming for Spring Training. The season itself started taking place earlier, during the final Spring games that are dedicated to training.

The MLB minimum salary increased from $507,500 in 2016 to $555,555 in 2019 (Brown, 2016). Moreover, from 2020 to 2021, it may be negotiated and even increase to a greater extent. Regarding the minimum salary for the Minor League, it should be claimed that the amount of money that was provided to players covered under the Major League Baseball Players Association was increased as well.

Then, the overall approach to the issue of revenue-sharing, which is a percent of the general industrys revenues, remained the same. Nevertheless, the method, according to which specific Clubs revenue-sharing treatment had been defined, was updated. In particular, top-contributors  Yankees, for example  did not have to face the multiplier that was present in the related agreement that was valid during the previous period. Furthermore, the total quantity of the market disqualified teams will be decreased from fifteen to thirteen, and Oakland started to phase out its activities that will be completely stopped by 2022, according to the Collective Bargaining Agreement. It was claimed that Oakland As revenue share receipts were dropped to 25% in 2019 before the final stages of elimination.

By the provisions of the agreement, within the scope of travel, there is a number of supplementary limitations during the beginning of games on day-offs. This provides the teams with the opportunity to get to their next city earlier. It should also be noted that the CBA contains an international plays plan that serves as a foundation for the staging of games till the year 2022 so that the sport could be popularized and developed.

Players are now provided with supplementary compensation for their participation in Club and League-organized occasions. This compensation varies from $15,000 to $100,000, which is dependent on the place, as well as a players schedule. It was also agreed to give the Commissioner the possibility to arrange regular-season plays at not only the places like the stadiums of Major or Minor League in the US and Canada. In this regard, it was decided that a player would get supplementary compensation for the mentioned participation as well.

Among critical changes, there is one by which the home-field advantage during the World Series is now given to the team that has higher winning statistics in the Championship Season. Before the new CBA, this advantage was founded on the results of the All-Star Game. Then, all the members on the Active Roster of the team that wins a game get an equal part of the bonuses. The rosters for the All-Star Games are to be thirty-two players, among whom should be twenty position players and twelve pitchers. After fans elect the players, the Commissioner chooses seven players who will take part in the All-Star Series. It should be emphasized that it is a notable change, given the fact that the previous CBA gave such authority to the managers of the Major leagues. The pattern of the Home Run Derby is not affected by the new CBA, with the only note that players now get increased related bonuses. What is more, the minimum period on the disabled list was decreased from fifteen to ten days.

There are also significant changes within the luxury taxing policy. In particular, thresholds were increased from $189 million in 2016 to $210 million in 2021. The related penalties are as follows; the tax rate is twenty percent for a first-time offender who breaks the Luxury Taxation thresholds, thirty  for the second time, and fifty for the third time. The mentioned changes were brought into life to the full extent in 2018 and were phased in for 2017, which contributed to coherency and consistency in this regard. There are also some additional surcharges for the Luxury Tax violators, which is an important instrument to control the ones who go far beyond the allowed rates  for instance, the Dodgers or Yankees.

Starting from the year 2018, teams that have payrolls of $40 million or more above the mentioned thresholds should have their highest selection in the next Rule 4 Draft moved back 10 places, except that the top six selections will be protected and those Clubs will have their 2nd highest selection moved back 10 places (Brown, 2016, para. 25). Such an approach seems rational as the richest clubs are forced now to be more reasonable in the framework of financial fair play.

There were several discussions in the allowance of the 26th man. However, the new CBA does not imply any changes to a call-up. It might be rational to claim that within the scope of Draft Pick Compensation, there are a plethora of various changes that are complex and consistent. Given this, they expediently cover everything  starting from the Qualifying Offer policy and ending with Luxury taxation. A Club cannot give a Qualifying Offer to players who have already got one. According to the new CBA, a player is now able to consider whether to accept such an offer or not within ten days, which is a three-day extension if compare with the provisions of the previous Collective Bargaining Agreement.

A Club that signs a Free Agent that is to be provided with compensation are no longer loses the first-round selection but should adhere to the following. First, A non-market disqualified Revenue Sharing Payee Club shall forfeit its third-highest remaining selection in the next Rule 4 Draft (Brown, 2016, para. 31). Offenders of the Luxury Tax lose their second-highest and fifth-highest present selections within the following Rule 4 Draft. What is also crucial here is the fact that these offenders get their International Signing Bonus Pool decreased by $1 million. Another essential point is that the new agreement does not provide an International Draft but implies restricted spending. It should be emphasized that in this regard, the limitations are hard and more restrictive if compare with the previous CBAs.

A foreign player is now determined as one whose age is 25 years or more and who has played at a professional level in foreign leagues that were recognized by the Commissioner during at least six seasons. There was a notable issue caused by the described definition. Shohei Otani, who was at age 23 by 2016, is a significant professional who demonstrated fabulous play. He had to wait for two years to be considered as a foreign player and take part in MLB. Many specialists claimed that a foreign player should be affected by similar conditions and provisions as the domestic one. MLB has no players who have freedom of choice  in the defined sense  at the age lower than 25.

Here, it seems appropriate to describe some important changes to the Amateur Draft. First, the signing bonus value that is related to the first-round selections was amended so that the spread between slots could be diminished. Then, Competitive Balance Selections was continued to be awarded to Clubs in bottom-10 markets or bottom-10 in local revenue based on a combination of winning percentage and local revenue (Brown, 2016, para. 53).

The lottery approach is no longer followed so that an eligible Club could get selections after the first or second rounds in different years. The CBA implies procedures for a Club to get MRI from a player on a voluntary basis before drafts. There are also several advancements to the College Scholarship Plans, for instance, for those who live outside the United States.

Moreover, players obtain more perks  a Club now has more responsibilities for ensuring food and amenities to a player. The CBA implies the agreement on a number of notable practices for a Club in the framework of the maintenance of a clubhouse  starting from the provisions on meals and ending with the ones on help to a players family. Clubs were forced to create an Advisory Council that would operate constantly and make players diets better. Dieticians now give recommendations regarding the issues associated with nutrition.

A Club should hire sport psychologists  an essential factor that affects a players performance is the extent to which one feels mental pressure during the season. In order to address this, it was decided that the provision of a competent professional should be implemented so that all players could be mentally healthy. It might be assumed that such a policy indicates that the sports governance cares about its core employees to a great degree.

Another critical point is that smokeless tobacco became prohibited. A new player that enters the tournament is banned from using the mentioned drug. It should be noticed that the transition to the non-use of the drug itself was smooth, and the players were provided with the necessary assistance in this regard. The league also insisted on the provision that smokeless tobacco was prohibited during the game at stadiums  at least at the ones that are subject to local laws that forbid it.

The new CBA exhaustively regulates the issue of domestic violence. The policy was significantly improved in comparison with the previous agreement. According to the MLBPA (2016), Domestic violence includes, but is not limited to, physical or sexual violence, emotional and/or psychological intimidation, verbal violence, stalking, economic control, harassment, physical intimidation, or injury (p. 308). It seems apparent that the new CBA covers the expedient range of cases of domestic violence, as well as provides effective measures to address them. In particular, there is the Confidential Assistance Program in which The Parties shall contract with a mutually-agreed-upon domestic violence services provider to offer support services to Players, Players families, and victims on a confidential basis (The MLBPA, 2016, p. 324). Professionals who are capable of assisting with the problem are available 24/7 via the helpline. Some provisions cover the situations of sexual assault and child abuse.

Bullying and hazing are regulated to a necessary extent as well. Just before signing the labor agreement, there was an unpleasant case of hazing that made the issue even more acute. It was decided that the Commissioner had to provide an Anti-Hazing and Anti-Bullying Policy as an element of the new CBA. It was claimed that there is no place for such actions in sportsmanship.

The Collective Bargaining Agreement seems to take into account the fact that about a third of the league is saturated with international players. It is obvious that the question of language and communication is vital here. It was agreed to oblige Clubs to hire a bilingual professional who shall be available on an as-needed basis to assist Players with questions regarding the logistics of their employment as a Major League Baseball Player (The MLBPA, 2016, p. 71). Moreover, the CBA gives Spanish players a variety of possibilities to learn English.

It seems important to note that there were several discussions on new regulations regarding the pace of play. Nevertheless, the provisions of the new CBA do not address this issue. Still, it does not mean that there will be no changes in the framework of some related aspects; for instance, the possibility of a pitch clock. The new labor deal did not exclude the undertaking of measures in the midterm. For example, in the previous CBA, the decision to implement replays was a result of midterm negotiations. Finally, the new Collective Bargaining Agreement increased the procedures of drug testing, as well as claims that anti-drug policy is a foundation for appropriate big-sport activities. Overall, it might be suggested that the CBA created by the MLB and MLBPA contains a great range of increased perks for a player and pays more attention to the issues of an out-of-stadium character. For instance, the CBA of the NBA provides less developed sections on domestic violence (The NBPA, 2017).

To conclude, the actual Collective Bargaining Agreement provided by MLBPA and MLB was discussed. It covers a wide range of issues and tends to address them to a necessary degree. It was found that in comparison with the previous CBA, the new one contains more perks and opportunities for players. It was claimed that the thorough manner of covering the question of domestic violence might be a distinguishing feature of the new CBA.

References

The MLBPA. (2016). 2017  2021 basic agreement. Web.

The NBPA. (2017). Collective Bargaining Agreement. Web.

Brown, M. (2016). Breaking down MLBs new 2017-21 Collective Bargaining Agreement. Forbes. Web.

Life is a combination of victories and defeats, and each person sooner or later faces troubles. Problems can arise from uncontrolled situations and occur due to coincidences. People react differently to a crisis, and crime may seem like the only solution. On the other hand, an accident can lead to the fact that the individual becomes a victim. Such scenarios happen because of demographic and social divisions, in which stealing or murder may mean the simplest resolution.

An example of a crisis is a loved ones severe illness in a family with inadequate demographics. In particular, Nicks grandmother has breast cancer and needs surgery. Their financial status does not allow them to pay for treatment, and the grandson decides to rob the nearest food stall. The situation shows that unfavorable circumstances force a person to commit a crime. In this case, help is an open dialogue with Nick about what sum is required and how much time is left. For example, friends and family can borrow the money they need, or community or state charities can finance the surgery. Thus, despite the emergency, theft can be replaced with other close peoples or specialized nonprofit companies help.

Reena loves to shop online and does not pay enough attention to data protection. The woman enters bank card details on any website that offers the desired products. As a result, it became the reason for fraud and theft of money from Reenas account. The user has become a victim of a crime due to a lack of awareness and care in trusting personal data. The help in this situation is to study each websites activities, its validity, and the experience of other buyers.

Crimes can be oriented towards the satisfaction of moral or material needs. Nick will rob a grocery store to get money for the grandmothers treatment. Instead, the man could have asked loved ones to borrow as legal and ethically correct action. On the other hand, Reena fell prey to online scammers who stole banking data. The user experienced it due to personal ignorance and lack of vigilance. It could be prevented by checking websites and paying attention to the operators of receiving credit card information.

Summary of the Case with Critiques

The outbreak of the COVID-19, commonly known as the coronavirus disease, has created new challenges to healthcare institutions in the United States, especially those that offer care to the elderly. The case study shows that hospitals, skilled nursing centers, and personal care homes are no longer safe for senior citizens in the country. Traditionally, homes for the elderly provided care and support for the elderly, especially those who could not get proper support from their family members. However, recent studies have shown that these centers have become breeding grounds for the deadly virus. So many people have lost their lives in these institutions, and a section of the community believes that it is because of the negligence of the management and individual healthcare workers. Tomeo (2020) explains that most of these institutions and individual healthcare experts have taken various steps to contain the spread of the virus, such as fumigation, maintaining distancing, and restricting movement into and out of the facilities. However, these efforts have not been adequate in containing the virus. Although the case provided an accurate analysis and critique of these institutions, it is important to note that it failed to take into consideration the unique and unprecedented challenges that these institutions face during these trying times.

Ethical Ramifications

The case study presents ethical dilemmas to patients, their loved ones, healthcare institutions, and the government on how best senior citizens in the country can be protected. Patients and their loved ones no longer trust these institutions because recent statistics have shown that they have become major spreading grounds for the virus. A study by Yourish et al. (2020) showed that one-third of all coronavirus-related deaths in the United States have been in care homes. It means that the fear of patients and their loved ones are justified. Most of them often die in physical and emotional isolation, away from their loved ones. It is frustrating for one to lose a close friend or a relative in such a helpless manner. Some of these institutions have considered shutting down their operations for a period as they struggle to find ways of resuming operations when the safety of their clients is guaranteed. The government is also facing a major ethical dilemma. For instance, the Governor of Georgia directed the National Guard to help in fumigating care homes, but that did not stop the spread of the virus. Closing all the care homes in the state becomes the best option of protecting the elderly. The problem is that some of these people do not have alternative homes, and very few Americans may consider staying with strangers during this period.

The government, healthcare institutions, and the medical staff also face another dilemma over the basis upon which healthcare is to be delivered. As Figar and orevi (2016) pose, it is not clear whether it should be delivered on the basis of ones ability to pay, which makes it a privilege, or on need, which makes it a right. There is a universal agreement in the United States that healthcare services are basic needs. However, enacting a universally acceptable law meant to make these services available has been a major challenge. The Affordable Care Act came close to making the services affordable to all Americans. However, the current regime has been opposed to its implementation, which creates a major challenge in terms of funding. Some of the healthcare institutions are unable to offer care to the elderly who cannot use the other alternative insurance covers to fund their medication. The medical staff faces a major challenge during this period of COVOD-19 when they are forced to reject patients unable to pay for their healthcare needs. The government and all the stakeholders involved are yet to come up with an appropriate approach to solving this problem.

Legal Ramifications

The analysis of the case study shows that there are issues that may have legal ramifications to care homes in the country. These institutions have been accused of gross negligence when caring for the elderly during this period of the COVID-19 outbreak. According to Glenza (2020), senior citizens can be safe if these institutions regulate the number of visitors. Anyone visiting these homes to deliver essential services such as food and medicine should wear protective gear. They also need to sanitize their hands as recommended by the World Health Organization. The massive outbreak of the virus in these facilities is a clear indication of gross negligence on the part of the management of these institutions. They have failed to take appropriate measures to protect their clients. It means that those who have lost their loved ones can sue these care homes. It is important to note that some of these institutions have made major steps in limiting the number of visitors, regularly fumigating the facilities, and limiting physical contacts as a way of protecting their clients. They have to do more to ensure that no one dies out of negligence in these care homes. In case of containment measures cannot be implemented, they should consider shutting down their operations.

Individual healthcare practitioners may also be held responsible for any form of negligence that may lead to an outbreak of COVID-19 within a healthcare facility. As Torres-Villarreal and Bernal-Camargo (2019) observe, these people are on the frontline in the fight against the pandemic and they have done a commendable job, some losing their lives in the process. However, they should remain committed to protecting their patients from the virus at all times. The World Health Organization has recommended the use of protective clothing every time a medical doctor or nurse is handling a COVID-19 positive patient. The practitioner is then expected to remove the protective gear, properly sanitize, and wear a face mask before attending to another patient that does not have the virus. Deliberately failing to follow this procedure may be considered gross negligence, especially if it results in the spread of the virus. They can be held individually responsible and can face prosecution. Baron and Corbin (2019) note that doctors and nurses are doing everything within their powers to protect themselves, their patients, and their loved ones from infection. They have maintained the use of protective gear every time they are handling patients with the virus.

Assessing Both Sides of the Argument in the Case

It is necessary to assess both sides of the argument in the case to understand how similar institutions in the country can deal with the problem. The main idea that comes out from the case study is that homecare institutions in the United States are not doing enough to protect the elderly from coronavirus. The study suggests that these institutions have failed to take measures that would have protected the vulnerable population from the disease. This claim is supported by medical reports and statistics, which indicate that one-third of those who have lost their lives of the disease were in care homes (Yourish et al., 2020). Their failure led to an unprecedented spread of the disease within a relatively short period. Individual healthcare experts have also failed in their role to control the spread of the virus within these organizations. Reports indicate that there have been cases where the outbreak of the virus was caused by medical practitioners who failed to sanitize properly after handling a patient already diagnosed to be positive (Tomeo, 2020). In cases where it is proven that institutions or individuals were negligent in their actions, it may be necessary to take appropriate punitive actions against them, especially when people lose their lives

It is always easy to criticize individuals and institutions without understanding the unique challenge that they face. According to Tomeo (2020), COVID-19 has proven to be an elusive virus that medical practitioners are struggling to understand. In the United States, many healthcare workers have lost their lives trying to fight the disease. Their selfless actions are often shadowed by claims of negligence by individuals who have been safely quarantined in their homes. It is possible that sometimes one may make a mistake in the process because this is a new normal for almost everyone around the world. Such a mistake should not be used to attack these healthcare providers who have never given up on people. Homecare institutions that have remained open should also be lauded because some of their clients have nowhere to go during such a period. They are risking the lives of their employees to ensure that senior citizens in the country have a home. Society should do better than to attack healthcare workers verbally or even threaten them with a legal suit. Such actions may create fear among doctors and nurses who may consider withdrawing their services from some institutions. Such a move may worsen an already bad situation.

Recommendations for Change

The case study shows that a section of society, especially those who have lost their loved ones to COVID-19, believes that medical practitioners are not doing enough to combat the spread of the disease. They have been blamed for gross negligence (Glenza, 2020). Although it may be true that a few medical staff have been irresponsible in their action, the vast majority have remained committed to fighting the disease. One of the recommendations that these practitioners should embrace is the need to follow guidelines provided by WHO on how to dress when handling a patient who is positive of the virus. They need to learn how to wear, use, remove, and dispose of the gear after use. Doing so will not only protect them but also their patients and their loved ones. Doctors and nurses should inform the management of institutions they work for about the needed supply for the protective equipment. Early communication of projected demand for these items would ensure that they are availed at the right time. It will also eliminate cases where protective gear has to be reused. These healthcare workers should also be keen on gaining more knowledge about this new disease.

Hospitals, rehabilitation centers, skilled nursing centers, and personal care homes have a responsibility of ensuring that they protect senior citizens who are more vulnerable to COVID-19. One of the areas that they should give top priority is equipping their medical experts. Doctors and nurses who are constantly in contact with patients should have appropriate protective gear to ensure that they are protected from the virus. The equipment also helps in ensuring that they do not spread the virus to their patients (Baron & Corbin, 2019). The institutions should limit visitation by friends and family members who are admitted. In cases where such visitation is unavoidable, visitors should have the right protective gear that will ensure that they do not spread the virus to the patient, and neither should they acquire the virus during such processes. Visitors should purchase their own protective gear to lower the cost of operation. Strict supervision will be necessary to ensure that patients do not have physical interaction with visitors delivering supplies to the facility. It may also be necessary to limit physical interaction among the elderly within the care facility.

The federal and state governments have major roles to play in facilitating healthcare institutions during this period of the COVID-19 outbreak. The primary role of the government is to provide funding to these institutions. Every medical practitioner, especially a doctor and a nurse, is expected to wear a set of protective gear for every patient they handle. It means that a nurse can use over ten protective clothing in a day. Hospitals and home care institutions may not afford to avail such a huge number of the suppliers needed by these practitioners. Funding from the government can help overcome the problem. Another major role is to ensure that doctors, nurses, clinicians, cleaners, and any other person working within a healthcare facility are adequately trained on issues relating to the new disease (Torres-Villarreal & Bernal-Camargo, 2019). Empowering the staff makes them more responsible and aware of the challenges that they have to address. When new scientific discoveries about the disease are made, the information should be made available to the medical staff within the shortest time possible. The state government has the responsibility of inspecting and supervising healthcare facilities to ensure that they are following the set guidelines on how to manage the spread of the disease.

Evaluating How to Use This Information in the Future

The case has had a major impact on my understanding of the responsibility that one should have when undertaking their responsibility. It is clear that doctors, nurses, clinicians, and every other person who is working in the healthcare sector are risking their lives because they are at the highest risk of contracting the coronavirus. However, the slight omission by some of these practitioners has led to mass loss of lives. It indicates that slight negligence may have major implications. The concepts learned in this course warn against any form of negligence when one is attending to a given role assigned to them. The grim situation in many home care facilities in the country was caused by such negligence. I have also learned that the success of an institution directly depends on the output of every employee. A failure of one nurse to observe the set guidelines may lead to a massive outbreak of the disease even if other staff members are responsible. The case will significantly affect my future practice. I have learned about the significance of being responsible when undertaking a given assignment. The case has enabled me to understand and appreciate the value of employees working as a team.

It is clear from the course that ethics, professional duties, and legal factors are intertwined. When undertaking a given professional duty, one must strive to be ethical. They need to ensure that they do the right thing at all times and in the right manner (Figar & orevi 2016). Some people may be tempted to engage in unethical practices when they have the opportunity to do so, especially when it involves gaining some benefits or when it is the easier way of addressing a given task. However, it is necessary to understand the fact that failing to be ethical may have some legal consequences. If the unethical behavior directly or indirectly leads to death or any form of harm to another person, then it may result in legal action. The information from this course has enhanced my interest in further study of ethics and law. I need to gain more knowledge about the relationship between ethics and law. Of great interest to me is to understand when unethical behavior may lead to legal consequences. I intend to use the information from the case and the course to define my career path. I intend to practice law and become a legal scholar, especially in the field of medical law.

References

Baron, P., & Corbin, L. (2019). Lawyers, mental illness, admission and misconduct. Legal Ethics, 22(1), 28-48.

Figar, N., & orevi, B. (2016). Managing an ethical dilemma. Economic Themes, 54(3), 345-362.

Glenza, J. (2020). Covid-19: Nursing homes account for staggering share of US deaths, data show. The Guardian.

Tomeo, T. (2020). Conquering coronavirus: How faith can put your fears to rest. Sophia Institute Press.

Torres-Villarreal, M. L., & Bernal-Camargo, D. R. (2019). Learning legal ethics in the law clinics: One hundred thousand housing law for offences against minors. Legal Ethics, 22(1), 103-108.

Yourish, K., Lai, R. K., Ivory, D., & Smith, M. (2020). One-third of all U.S. coronavirus deaths are nursing home residents or workers. The New York Times.