Tuesday, December 24, 2019

The Effects Of Rape Culture And The Psychological Post...

When discussing genocide, it is simpler to discuss the overall impact of the collective to create an elaborate visualization of the horrific events incurred by genocide, than to focus on the impact of a single genocidaire. The victims of genocidal violence are given a respectable amount of attention, because they are the victims of atrocities and they deserve justice and recognition for their sufferings. Due to the recent influx on research into the sociological effects of rape culture and the psychological post-traumatic effects of rape, research on the utilization of rape in genocide has become increasingly popular among academics of all disciplines. Unfortunately, little research has been done on how genocidaires, who were once regular civilians of a state, electively join in the execution of mass violence through committing rape and murder. Modern sociologists and psychologists have yet to define a collection of definitive characteristics of the genocide rapist, as the majority o f research is done on individual perpetrators have had contact with the criminal justice system and are likely incarcerated. While extensive research has been done on the characteristics of living-victims, the genocidaire rapist, however, is unlikely to be individually targeted and charged with sexual assault, let alone be analyzed by behavioral scientists for diagnostic research. Assuming that not all people are inherently born with the will to kill and commit sexual violence, it’s important toShow MoreRelatedChildhood Trauma2108 Words   |  9 Pageschildren’s behaviour after a traumatic experience are complex, multifactorial and often hugely controversial. Having considered the literature on the subject, one could be forgiven for believing that there are as many opinions on the issues as there are people considering the issues. In this review we have attempted to cover as many of the major areas as possible in order to present a reasonably comprehensive overview of the subject. The definition of a traumatic experience is subjective fromRead MoreRape : Taking Down Rape Culture1448 Words   |  6 PagesTaking Down Rape Culture No matter where one goes there will always be rape that both men and women suffer from. Sometimes how the media and others portray rape make it seem like it’s not that big of a deal. We all, at times, blame the victim, so then we can feel more in control of our lives by saying â€Å"Rape will never happen to me because I would never do this or I would never do that.† With men, people usually say, â€Å"Wow, did you see what she looks like? He should be happy they had sex.† What I proposeRead MoreThe Life of Post-traumatic Stress Disorder Essay examples1509 Words   |  7 Pages Post-traumatic Stress disorder is exactly what it sounds like. After a stressful event in your life including but not limited to: car accidents, deaths in the family, assaults, and also combat; it is possible to develop this disorder. Symptoms of PTSD have been appearing for more than 1000 years. In 1666 London experienced a great fire in which many people, homes and other precious belongings perished. A man named Samuel Pepys kept a diary of the events and of what happened in the followingRead MoreMarital Rape And Sexual Rape1177 Words   |  5 PagesMarital rape is rape committed by the person to whom the victim is married. Many decades passed before there was ever a law against marital rape, even today India, along with other countries do not have a law against it. Some people will say marital rape is impossible and others will say it is totally possible and is considered an actual rape. Mandal says, if the legal category of rape implies sex without consent and the legal understanding of marriage entails compulsory sex, then the two will beRead MoreSexual Assault And Its Effect On Women1890 Words   |  8 Pages Rape is sexual intercourse with a woman against her will or without her consent, it is the most reoccurring crime committed against woman by men. The most effected evil is done to woman or done by any male person cause destruction of her whole prospective of living. Sexual assault is a major form of sexual violence affecting women. It includes, rape, attempted rape, sexual abuse and sexual exploitation).rape not only effect the soma (body) of the woman but also directly effects the health of theRead MoreSexual Assault And Rape During The World Today2900 Words   |  12 Pagessexual assault and rape. Sexual assault and rape are words that are often used interchangeably but the terms have two distinct definitions. The United States Department of Justice defines sexual assault as any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual activities that fall under the definition of sexual assault include forced sexual intercourse, forcibl e sodomy, child molestation, incest, fondling, and attempted rape. Research in this areaRead MoreGreek Life And Its Impacts On Women1108 Words   |  5 Pagesare undeniable benefits and negatives within these systems, the biggest effect they have is on gender. â€Å"Greek life† in college is unhealthy due to its impact on post-college gender expectations by promoting party culture, encouraging misogyny through ingrained tradition, and indoctrinating women into subservience at an impressionable age. First and foremost, parties plays a huge role in typical â€Å"Greek life.† Party culture, in the most general sense, creates an inherently toxic environment. An articleRead MoreEssay about Rape Culture: Are Women Asking for It?1698 Words   |  7 PagesSmith’s Encycolpedia of Rape defines the term â€Å"rape culture† as â€Å"one in which rape and other sexual violence against women . . . [is] both prevalent and considered the norm† (174). Rape is not a new subject in today’s society, its origins reaching far back into history. What causes rape, though? Is it the primal drive of men to exhibit dominance over all women, or do the women share the blame because of the way they dress, act, or do their makeup? Modern American culture would place the blame onRead MoreThe Employment Of Child Soldiers1653 Words   |  7 Pagesflourishes, but the damaging psychological, physical, and social effects provides overwhelming evidence for the restriction of th is practice. Any trauma has the potential to spark psychological problems that can interfere with a person’s daily routine for the rest of their life. Research on child soldiers has concluded that the greatest contributor to psychological problems comes from experiencing rape, wounding someone, or killing a person (â€Å"Studies Explore Effects† 2010). Studies on former UgandanRead MoreDeviant Behavior : Social, Psychological, And Philosophical Perspective1521 Words   |  7 Pagesprostitution is a legal activity around the world. Only a few outliers, such as the United States, consider prostitution as an unlawful behavior. In the following essay, prostitution will be examined as a deviant behavior from a legal, social, psychological, and philosophical perspective. Why do people participate in carrying out sexual acts for payments especially if it may lead to public ostracism? Most commonly, an individual willingly dabbles into prostitution due to poor economic circumstances

Sunday, December 15, 2019

Search and Seizure Free Essays

Abstract â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (Hudson, 2010, p. 363). In this essay we will explore what is reasonableness under the Fourth Amendment. We will write a custom essay sample on Search and Seizure or any similar topic only for you Order Now A discussion of consensual encounters vs. etentions concerning search and seizure, we will also discus important cases that shape the fundamentals procedures of search and seizure. According to Rutledge (2010) p. 109, reasonableness may have up four factors to consider: Justification, scope, place, and manner of execution. He also makes a valid point to state that even if an officer were to have the first three factors, justification, scope, and place the fourth is the most important because it could invalidate the search and seizure if its not done properly. A justifiable search could have many factors that would allow an officer to conduct a proper search or make a lawful detention and stops. One of them is a search warrant, which carries a limited authority to detain persons present and also search the property detailed on the warrant. Another is a criminal profile; an example would be of a drug dealer that would fit the physical description given to the officer. Anonymous tip, multiple informant’s, an example is like two or more persons able to identify someone that has committed a crime, and of course police observation. However if the officer sees something suspicious he/she has to articulate why such person has broken the law and given him/her probable cause to do a warrantless search or detention on such said person. Scope falls in the actual process of the search, meaning that you could only reasonably search with in the search area, an example that my teacher Mr. Enos discussed in class, was if your searching for alcohol in a vehicle then you could only search were alcohol could be reasonably hidden inside a car. Place refers to a public or private area, an example is you could search the immediate area of a public place like a park, but you can’t search someone’s back yard without a warrant. Lastly the Manner of Execution, which refers too the manner in which the officer caries out the search and his/her understanding of the individuals rights, and example would be that you could do a weapon pat down, which is literally just a pat down of the individuals clothe and don’t actually searching pockets and such. Also it helps the officer to diffuse the situation if the officer was to ask not demand and example would be â€Å"could I pat you down for my own protection? † (Rutledge 2010, p. 111). Consensual encounters are when an individual has agreed to talk to an officer on his/her own free will; such said person can at any time terminate the conversation and leave. An officer is able to lawfully approach anyone in a public setting and engage in a conversation. Also Rutledge advises that an officer can knock on the front door of a suspect to attempt a consensual encounter with the suspect, he can also approach a park vehicle to do the same (p. 110). Also its ok to shine a flash light on someone and ask to talk and the reason being I believe is for the safety of the officer and the communities, its reasonable I think to want to know who is lurking in the dark. Also its reasonable that its consensual when you ask people certain things like, for identification, and show of hands, because its for the safety of the officer and also to expedite the situation along. The definition of Detention according to Rutledge is â€Å" A detention occurs when a person submits to something the officer says or does that would communicate to a reasonable person that he/she is no longer free to leave† (2010 p. 10). However that’s only true when you have a probable cause or reasonable suspicion for such an action. The use of hunches or suspicions with any grounds is not justifiable, also if a person is hanging out in a high crime area you cant just detain them for that, also random car stops for drivers license’s check is unjustif iable, you could do sobriety checkpoints lawfully and also witness checkpoints, that’s when there is a brief stop to pass out flyers to find a suspect/felon or to seek a witness out for a nearby crime (p112). Some of the Cases I thought were interesting and that help shape the methods of Search and Seizure were California vs. Greenwood, Katz vs. U. S, and Whren vs. U. S. California vs. Greenwood was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the premise of a home. What happen in this case was that an investigator had various sources saying that Mr. Greenwood sold illegal drugs out of his home. So the investigator asked the trash collector if he could bring the trash to her, and sure enough there was drug paraphernalia in the trash bags (Wikipidia). In the case of Katz vs. U. S. the issue was a warrantless search and seizure in a violation of the fourth amendment? The situation was as followed Katz used a certain phone booth for interstate bookmaking and those conversations were being tape by some agents and those tapes were used to convict Katz of federal crimes. However Katz contended that the interception of his phone calls were in violation of his fourth amendment rights, and the courts a greed and reverse Katz’s conviction stating that the search had not being pre-approve by the judge and was warrantless therefore illegal (Rutledge p. 158). In the case of Whren vs. US the issue is can a traffic stop be used as a pretext to stop a vehicle for investigative purpose? (Rutledge p. 167). Under cover narcotics officers saw a vehicle make two traffic violations and made stop to issue a warning when they spotted Mr. Whren with crack cocaine in his hands. Whren was arrested and prosecuted, but he fought, saying that the traffic stop was an excuse to make a narcotic investigation. However the court ruled in favor of the officer that they did have the right to the arrest because it did not violate the Fourth Amendment (Rutledge p. 168). In conclusion I have cover several topics in which Search and Seizure have being explain. Such has what is a reasonable search under the Fourth Amendment, and what is a consensual encounter and what is a detention. Also I have covered a couple of cases that have help shape the methods of search and seizures. REFERENCE Hudson, David L. , (2010) THE HANDY LAW ANSWER BOOK, pg. 363, Visible Ink Press Rutledge, Devallis, (2010 by LawTech Publishing) Californias Peace Officers’ Legal and Search Seizure Field Sourceguide, pg. 109-112, 158, 167-168. Retrieved May12, 2010 http://supreme. justia. com/us/486/35/case. html California vs. Greenwood,486 (paragraph1-2) How to cite Search and Seizure, Papers

Saturday, December 7, 2019

Employment and Whistle-blower Protection free essay sample

The justification of whistle-blowing therefore requires an understanding of the duty of loyalty that an employee owes an employer. The Loyal Agent Argument against Whistle-Blowing An employee is an agent of his or her employer. An agent is a person engaged to act in the interest of another person, who is known as the principal. Employees are legally agents of their employers. As agents, they are obligated to work as directed, to protect confidential information, and, in general, to act in the principal’s best interestAlthough the whistle-blower might appear to be a disloyal agent, the obligations of an agent’s loyalty has limits. Whistle-blowing, therefore, is not incompatible with being a loyal agent. Two limits on the obligation of agents are especially important: 1. An agent has an obligation to obey only reasonable directives of the principal, and so an agent cannot be required to do anything illegal or immoral. 2. The obligations of an agent are confined to the needs of the relationship. We will write a custom essay sample on Employment and Whistle-blower Protection or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Thus, an employee is not obligated to do anything that falls outside the scope of his or her employment.The Justification of Whistle-Blowing The meaning of loyalty: The law of agency aside, whistle-blowing is not always an act of disloyalty in the ordinary meaning of the word. If loyalty is viewed as a commitment to the true interests or goals of an organization, rather than merely the following of orders, then many whistle-blowers are loyal employees. Sociological studies have shown that whistle-blowers are often loyal employees who choose to expose wrongdoing in the belief that they are doing their job and acting in the best interest of the company. Whistle-Blowing In the book Exit, Voice, and Loyalty, Albert O. Hirschman holds that speaking out (voice) and leaving (exit) are the main options for dissatisfied organization members and that those who exercise the voice option are generally more loyal than those who decide to exit. Conditions for Justified Whistle-Blowing The following questions should be considered when deciding whether or not to blow the whistle. 1. Is the situation of sufficient moral importance to justify whistle-blowing? How serious is the potential harm compared to the possible benefits? To what extent is the harm a predictable and direct result of the protested activity? How imminent is the harm? 2.Do you have all the facts and have you properly understood their significance? Whistle-blowers must support allegations with adequate evidence and not draw conclusions about matters beyond their expertise. 3. Have all internal channels and steps short of whistle-blowing been exhausted? Most organizations require employees to address concerns with an immediate superior or throu gh internal channels of communication. 4. What is the best way to blow the whistle? To whom should the information be revealed? How much information should be revealed? Blowing the whistle in a responsible manner avoids charges of being merely a disgruntled employee. 5.What is my responsibility in view of my role within the organization? An employee’s position in the organization may increase or decrease an obligation to blow the whistle. 6. What are the chances for success? An employee should only blow the whistle when there is a reasonable chance to achieve some public good. Is There a Right to Blow the Whistle? Few laws exist to protect whistle-blowers from the retaliation of others, but there is increasing pressure for greater legal protection. Existing Legal Protection The Civil Service Reform Act of 1978 prohibits retaliation against federal employees who report waste and corruption in government.The Merit System Protection Board was set up by this act to receive and act on complaints of retaliation. The Whistle-Blower Protection Act of 1989 further strengthens this protection with the creation of the Office of Special Counsel for processing whistle-blower reports. Anti-retaliation provisions in various pieces of federal legislation protect whistle-blowers in both the private and public sectors, and some statutes even encourage whistle-blowing in fraud cases by awarding a percentage of the funds recovered.More than 35 states have laws that protect whistle-blowers (although most of these apply only to government employees), and many state courts are limiting the grounds on which employees may be fired. Arguments for whistle-blower protection The main argument in favor of whistle-blower protection is that whistle-blowing b enefits society through the exposure of illegal activity, waste, and mismanagement, and this benefit can be achieved only if whistle-blowers are able to come forward without fear of retaliation.Government employees and private employers who do extensive work for the federal government have a First Amendment right to freedom of speech and so should be protected from retaliation for blowing the whistle. Although whistle-blowers in the private sector do not have a legal right to free speech in employment, this might be considered a moral right that requires legal protection. Finally, some argue that employees ought to have a right to act in accordance with one’s own conscience. Arguments against whistle-blower protectionIs There a Right to Blow the Whistle? One argument against legal protection for whistle-blowers is that a law that recognizes whistle-blowing as a right is open to abuse. Disgruntled employees might use whistle-blowing to protest company decisions, get back at employers, cover up their own incompetence or even protect themselves against dismissal. Legislation to protect whistle-blowers infringes on the traditional right of employers to conduct business as they see fit, and it creates more regulation to impede the efficient operation of business.An increase in litigation increases a company’s costs and hurts the cooperative spirit needed for working rela tionships. Finally, it is difficult to devise an adequate legal remedy for whistle-blowers who are dismissed. Developing a Company Whistle-Blowing Policy An effective whistle-blowing policy enables a company to address misconduct internally and avoid embarrassing public disclosure. An effective policy ensures that reports are properly investigated, appropriate action is taken, and retaliation will not occur Companies can benefit from a whistle-blowing policy by learning about problems early and taking corrective action.An effective whistle-blowing policy affirms a company’s commitment to maintaining an ethical corporate climate. One danger connected with a whistle-blowing policy is that it can create an environment of mistrust and uncertainty. Components of a whistle-blowing policy A well-designed whistle-blowing policy should include the following: 1. An effectively communicated statement of responsibility. 2. A clearly-defined procedure for reporting. 3. Trained personnel to receive and investigate reports. 4. A commitment to take appropriate action. 5. A guarantee against retaliation.