USA Corporations Law Case Study Example | Topics and Well Written Essays - 3500 words

USA Corporations Law - Case Study Example In dealing with this case, the court will be applying the review of the Securities Litigation Uniform Standards Act of 1998 (Pillegi, 2007). The court will be more concerned on the breach of the fiduciary duty of disclosure. The court is likely to rule against the Barnes family (Marciano v. Nakash). The loan that the Ewing family made to the Ewing Corporation was valid and enforceable. The duty of disclosure requires that the directors disclose all the details that pertain to the transaction that is been carried out (Alexander, 2008). The disclosure is made to the board of directors and to the shareholders. Since the Ewing family did full disclosure of the material facts that involved the loan, including the terms of the loan and the deed of trust, it will be hard for the Barnes to prove that the fiduciary duty was breached (Pillegi, 2007). Furthermore, the shareholders approved the loan. This is despite the fact that the voting was done along family lines. It is beyond doubt that the voting of the directors and the shareholders was done in good faith. The burden of proof will be different for both parties of the dispute. The Barnes is required to prove that the Ewing directors breached the fiduciary duty in approving that loan. ... Despite this knowledge, the Ewing directors went ahead and approved the loan to the company (Greenberg & Kagan, 2009). On the other hand, the Ewing directors will be required to prove to the court that their action was based on good intentions to the company. This will be easy to prove since there is already prove that the company tried to obtain funding from external sources without any success. They will have to prove to the court that they did not try to take advantage of the financial troubles of the company to benefit themselves. The Ewing directors will also be required to prove to the courts that they were honest with their dealings with Ewing Oil Inc. this honesty will have to be proved by the fact that they did disclose the material details surrounding the transaction to the shareholders (Dunn et al, 2009). The shareholders went ahead and approved the loan, albeit along family lines. But the court will not be interested on the background of the shareholders. The important thing was that they did approve the loan. There is no proof that the shareholders were misinformed on anything or misled. The Ewing directors will also have to prove that they did not omit anything that was importance when they were doing the disclosure. The omission, if proved that it did exist, will show that the Ewing directors were acting on bad faith. The omission that they might have made was for example the one pertaining to the period within which they were supposed to foreclose on their loan. If the omission is proved to have influenced the direction that the shareholders took in voting, the Barnes family would have achieved the fete of proving that a fiduciary duty was breached. b. The

Becoming Mexican American Essay Example for Free

Becoming Mexican American Essay Becoming Mexican American: A study into the cultural developments of Mexican immigrants to the United States The purpose of this paper is to review and discuss the inviting work of George Sanchez, Becoming Mexican American: Ethnicity, Culture and Identity in Chicano Los Angeles, 1900-1945. While reviewing this work of Sanchez, the essay will make use of an article written by Grace Pena Delgado relating to the immigration issues of the United States in the early twentieth century. Delgado`s article, ‘_At Exclusion’s Southern Gate: Changing Categories of Race and Class among Chinese Froterizos_’ discusses the Chinese immigrants in northern Mexico. To provide the reader with accurate and concise information the original works of the two authors will be used extensively, as the purpose of the essay is to criticize these works. The essay will also make use of a number of internet web-sites for general information on the Mexican and American historiesof the early twentieth century. A detailed list of books and resources used in writing this paper will be provided at the end, in the form of a bibliography. In conclusion, the essay’s purpose is to provide detailed and concise criticism of George Sanchez’s book, Becoming Mexican American, while supporting the criticism with Grace Delgado’s article. Ceren Keskin 207138579 BIBLIOGRAPHY Sanchez, George. Becoming Mexican American: Ethnicity, Culture and Identity in Chicano Los Angeles, 1900-1945. Oxford University Press, 1995. Delgado, Grace Pena. â€Å"At Exclusion’s Southern Gate: Changing Categories of Race and Class among Chinese Froterizos_†__. _In the Continental Crossroads, 183-200. Duke University Press, 2004.

Living Together before Marriage Essay -- Argumentative Persuasive Coha

Living Together Before Marriage There are many advantages and disadvantages in living together before marriage. Today there are many couples living together before marriage. Sometimes these kinds of relationships 'living together before marriage' end up with success and sometimes they are unsuccessful. Some of the advantages of living together before marriage are such as getting to know your partner, learning about one's abilities if he/she can satisfy your expectations and more. Also, there are some disadvantages in living together before marriage and they are such as religious and family values, parenting problems and more. I think there are more advantages then disadvantages in living together before marriage, because sometimes disadvantages in this kind of relationship are avoidable. One of the advantages of living together before marriage is getting to know a person that you might marry with. It is important for a person to know almost everything about the other person that he/she is going to get marry with. However, it can?t be accomplish without living together for a while before getting married. People need to know how a person is handling his/her life from all aspects such as behavior, mental, financial and others before a person decides to get married with. This can not be completed in a few days, therefore, it is important to live together for a while before deciding weather to get married or now. Also, learning about a person?s abilities to satisfy yo...

African American and Ebonics Essay

What if all of America spoke in Ebonics? â€Å"What up cuz† or â€Å"Holla at me. † That would be crazy right? Sharice, Travis, Rickia, and I did a report on the evidence for the critical element of the Oakland school board proposal and the convention that temporary African American Vernacular Forms (AAV) of speaking show strong influence from West-African languages. The Oakland school board proposed to the state that the kids learning will be improved with the recognition and understanding of Ebonics. My article came from the internet, and it is titled â€Å"A Case of Ebonics. † Ebonics is a critical language, with powerful elements of a distinct language, spoken by many Americans of African descent, a language marked by a long and rich history. While most other languages are restricted to specific geographical regions, Ebonics is a way of speaking shared by a large percentage of African-Americans living everywhere in the United States. Ebonics has been branded as a poor form of Standard English. Some think of it as lazy lips and lazy thinking. Because Ebonics held on to many leftover characteristics from West African languages, there has been debate as to whether it is a language of American English or another language altogether. Ebonics has a long history that began in Africa. It started when people from many different African villages were brought to American slave markets. The slave owners often purposely mixed the slaves by tribe so that they could not communicate directly in the language of a single tribe. For them to communicate with each other, the slaves developed a pidgin language, a mixture of various African languages. Over the centuries, this early pidgin blended with aspects of â€Å"Standard English† to form â€Å"Black English† but it still has many of the features of its ancestor. That is, many of the unique forms of Ebonics can be identified as leftovers of West African languages. For example some researchers say that the word for cat in several African languages also means â€Å"man. † For this reason our expression â€Å"cool cat† is derived from Ebonics. Despite these differences, Ebonics is a language that fully serves the needs of its users. Its grammar is just as complicated as Standard English. It’s just a different grammar. The meaning of â€Å"He didn’t do nothing† is perfectly understood by all Ebonics speakers, and by standard English speakers as well. A man by the name of Ishmael Reed makes clear the use of Ebonics indicates neither a lack of education nor an inability to speak in other tongues: â€Å"You not gone make me give up Black English. When you ask me to give up Black English you askin me to give up my soul. But for reasons of commerce, transportation, and hassle less mobility in everyday life, I will talk to 411 in the language both the operator and I can understand† (Lederer 4). I agree with Reed that everyone needs to learn and master Standard English to have the best chance to succeed in America. In certain contexts, someone (like a manager) might make a judgment about the way we black people talk. If we want to become successful we must learn Standard English. I hope that the movement of correction for Ebonics movement will work against the widespread disrespect of the way most African-American youth talk. People should be less defensive about the language in which we live and move and maybe we can better position to employ both the Ebonics and the standard codes and to reap the full fruits of our American civilization. If people were less defensive about Ebonics maybe then we as people could associate Standard English with Ebonics. And with all of this we could reap the full fruits of our American civilization.

Summary of the Tyler Rational

The Tyler Rationale: this is a model of curriculum and instruction development. This model is eclectic; it draws from the social aspect of Dewey: incorporating the society, subject matter and the learner to create learning experiences. It also has behavioral aspects drawn from Thorndike and others expressed through the emphasis on changing student behavior; judging behavior helps to monitor internal growth or aspects of the mind not overtly seen. This model addresses four (4) basic questions. 1. What educational purposes should the school seek to attain?Three sources should be used for identifying objectives: The learner – these are identified through interviews, observations and tests. †¢The society – community life should be classified into categories vocation, recreation, religion etc†¦ and develop objectives for each †¢The subject matter – the subject to be taught must be examined to identify more objectives which encompass the content and skil ls which must be taught. The objectives are then screened (through the use of philosophies and psychologies of learning) and the most important ones. All objectives should be stated clearly (simple terms) and concisely. 2.What educational experiences can be provided to attain these purposes? After the selection of objectives learning experiences should be selected; which actively promote the acquisition of these objectives. Tyler defines a learning experience as â€Å"interaction between the learner and the external conditions in the environment with which he can interact† Deweyean influence). Major effectors of the learning experience †¢The interaction between the person and the environment †¢Behavioral psychology (evident in the way objectives are stated) Criteria for developing learning experiences They should allow the student to practice the behavior implied by the objective. †¢Students should obtain satisfaction from the learning experience.†¢The exp erience should be appropriate to the student’s background. Categories of learning experiences: †¢Development of thinking skills †¢Acquisition of information †¢Development of social attitudes †¢Development of student interest 3. How can these educational experiences be effectively organized? †¢Tyler suggest that learning experiences can be organized by: †¢Continuity – the recurring opportunity to learn various skills (maybe at different grade levels). Sequence – the exposure to experiences which build upon each other. †¢Integration – this encompasses skills which cross discipline/subject. 4. How can we determine whether these purposes are being attained? †¢The curriculum must be evaluated by judging the learning outcomes against the original objectives. ?The first step is to focus on changes in human behavior. oPretests must be used to determine students’ original state before learning. oTests are then adminis tered to determine whether student performance increases in the designated areas. oAll evaluation procedures must relate to the original object.They must be reliable – or actually measure what they are expected to measure (curriculum standards). The Tyler effect has several criticisms. One concerning criticism identified by kliebard was that evaluation was tied so closely to the original objectives; it makes it impossible to identify unexpected outcomes. It narrows the focus of evaluation to only the achievement of the objectives. Therefore the significance of philosophy and other critical factors which are integrated have no way to be evaluated; and to ultimately determine the efficacy of their implementation. One question left to bear:What is the real difference between learning activities and learning experiences? In the revision Tyler collaborated with Leyton Soto and distinguishes learning experiences and learning activities. Learning experiences consist of behaviors tha t are written into objectives; while learning activities are behaviors in which the learner engages to achieve particular objectives. In this case shouldn’t the main concern be the objective and both the activity and experience tools to achieving it? Which comes first? Aren’t the learning activities the display of the same behavior expected in the objectives?

Opinions on Corporate Social Responsibility

Opinions on Corporate Social Responsibility Introduction Corporate social responsibility is an essential aspect in the business world. It is an obligation for a business organization to pursue long term goals that are good for the society. It can also be termed as the continuing commitment by business firms to behave in an ethical manner and contribute to economic development while at the same time enhancing the quality of life of the employees and their families.Advertising We will write a custom essay sample on Opinions on Corporate Social Responsibility specifically for you for only $16.05 $11/page Learn More The business firm should also enhance the lives of the local community and the entire society around which it operates (Kotler, 2005). This piece of work looks at an individual, Karl Mark, evaluating him with respect to corporate social responsibility and its effects on his career. Discussion Abiding by corporate social responsibility practices is not only beneficial to a business organization but also to individuals who participate in it. An individual’s perception and view about the idea of corporate social responsibility influences ones life greatly in terms of career progression and the behavior of the general public towards the individual. This therefore dictates that it is advisable to support the idea of corporate social responsibility for the sake of one’s prosperity as well as that of the society at large despite the cost that could be involved. Karl Marx was an active economic activist and socialist who was involved with many activities during his lifetime. It is evident that Karl Marx would totally support the idea of corporate social responsibility. This is because of his nature and how he perceived life in general. He cared more about the communities and would therefore support any effort aimed at supporting the society in any way. He was against capitalism and supported collective gain among the society members (Marx, not dated). In his career , Karl Mark was able to succeed due to the support he gave to the society in regard to advocating for developmental projects aimed at helping members of the society in an effort to uplift their living standards. Karl Mark’s economic and socialist work gained considerable support from people due to the fact that the benefits associated with the activities were clear (Marx, Easton and Guddat, 1997).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Business organizations should operate bearing in mind that the society is a crucial element that contributes towards their success. Without the support of the people who surround a business organization, it is difficult for it to succeed in its undertakings. This is because it requires a symbiotic relationship to be established between a business enterprise and the society around it. This is so as both need each other for success. A business organization may need the society as buyers as well suppliers. They could also be a source of workforce in various positions for example marketers bearing in mind that they are in a better position to reach as many clients as possible. The business should therefore go an extra mile in providing services to the society as a way of fulfilling corporate social responsibility. This could be through undertaking of some developmental projects that aim at enhancing the lives of the people. Throughout his entire life, Karl Marx attempted to gain a deeper understanding of the society and its nature in an effort to ensure that their rights are fulfilled. He for example supported aspects like education and enlightenment of the people so that they would be in a position to fight for their rights and social justice. Provision of educative programs by business enterprises to the community is a form of corporate social responsibility and plays a great role in ensuring that members of the society are well equipped with some knowledge and skills which in turn allows them to live a better and sustainable life for instance through securing employment opportunities (Eastman, 1959). There are various benefits associated with corporate social responsibility. For example, it avoids excessive regulation, it is ethical and improves an individual’s and firm’s public image, enhances the social environment and more so, some socially responsible actions are profitable. It is also a good way of correcting social problems that might have been caused by various activities. In cases of a business, it provides a competitive advantage, attracts and retains employees through motivation and attracts investors. It therefore follows that business enterprises should always foster corporate social responsibility.Advertising We will write a custom essay sample on Opinions on Corporate Social Responsibility specifically for you for only $16.05 $11/page Learn Mor e Although Karl Mark received a lot of objections from the authorities such as the governments, he tried his best to enhance the lives of the society and for this reason his name and work will live to be remembered over the years. This is more so because of his contribution towards the understanding of society (Foot, 2004). Conclusion From the above discussion, it is evident that corporate social responsibility is critical to economic development due to the fact that it empowers societies. Abiding by corporate social responsibility practices is not only beneficial to a business organization but also to individuals who participate in it. An individual’s perception and view about the idea of corporate social responsibility influences his or her career and how the general public reacts towards him or her. Reference List Eastman, M. (1959). Capital, the Communist Manifesto and Other Writings. New York: Modern Library. Foot, P. (2004). Karl Marx: the Best Hated Man, Social ist review. Web. Kotler, P. (2005). Corporate Social Responsibility: Doing the Most Good for Your Company and Your Cause. New Jersey: John Wiley and Sons. Marx, K. (n d). Economic and Philosophical Manuscripts of 1844. Web.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Marx K, Easton, D.L and Guddat H.K. (1997). Writings of the Young Marx on Philosophy and Society. New York: Hackett Publishing.

United Arab Emirates History and Independence

United Arab Emirates History and Independence Before its re-creation as the United Arab Emirates in 1971, the UAE was known as the Trucial States, a collection of sheikhdoms extending from the Straits of Hormuz to the west along the Persian Gulf. It wasn’t a country so much as an expanse of loosely defined sheikhdoms spreading over some 32,000 square miles (83,000 sq. km), about the size of the state of Maine. Before the Emirates For centuries the region was mired in rivalries between local emirs on land while pirates scoured the seas and used the states’ shores as their refuge. Britain began attacking pirates to protect its trade with India. That led to British ties with the Trucial States’ emirs. The ties were formalized in 1820 as Britain offered protection in exchange for exclusivity: the emirs, accepting a truce brokered by Britain, pledged not to cede any land to ​any powers or make any treaties with anyone except Britain. They also agreed to settle subsequent disputes through British authorities. The subservient relationship was to last a century and a half, until 1971.​​​ Britain Gives Up By then, Britain’s imperial overreach was exhausted politically and bankrupt financially. Britain decided in 1971 to abandon Bahrain, Qatar, and the Trucial States, by then made up of seven emirates. Britain’s original aim was to combine all nine entities into a united federation. Bahrain and Qatar balked, preferring independence on their own. With one exception, the Emirates agreed to the joint venture, risky as it seemed: the Arab world had, until then, never known a successful federation of disparate pieces, let alone bicker-prone emirs with egos enough to enrich the sandy landscape. Independence: December 2, 1971 The six emirates that agreed to join in the federation were Abu Dhabi, Dubai, Ajman, Al Fujayrah, Sharjah, and Quwayn. On Dec. 2, 1971, the six emirates declared their independence from Britain and called themselves the United Arab Emirates. (Ras al Khaymah initially opted out, but eventually joined the federation in February 1972). Sheikh Zaid ben Sultan, Emir of Abu Dhabi, the richest of the seven emirates, was the union’s first president, followed by Sheikh Rashid ben Saeed of Dubai, the second-richest emirate. Abu Dhabi and Dubai have oil reserves. The remaining emirates do not. The union signed a treaty of friendship with Britain and declared itself part of the Arab Nation. It was by no means democratic, and rivalries among the Emirates didn’t cease. The union was ruled by a 15-member council, subsequently reduced to seven- one seat for each of the unelected emirs. Half the 40-seat legislative Federal National Council is appointed by the seven emirs; 20 members are elected to 2-year terms by 6,689 Emiratis, including 1,189 women, who are all appointed by seven emirs. There are no free elections or political parties in the Emirates. Iran’s Power Play Two days before the emirates declared their independence, Iranian troops landed on Abu Musa Island in the Persian Gulf and the two Tunb islands that dominate the Straits of Hormuz at the entrance to the Persian Gulf. Those islands belonged to Rais el Khaima Emirate. The Shah of Iran contended that Britain had wrongfully granted the islands to the Emirates 150 years before. He was retaking them, he alleged, to look after oil tankers traveling through the Straits. The Shah’s reasoning was more expedience than logic: the emirates had no way to endanger oil shipments, though Iran very much did. Britain's Enduring Complicity in Complications The Iranian troop landing, however, was arranged with Sheikh Khaled al Kassemu of the Sharja Emirate in exchange for $3.6 million over nine years and Iran’s pledge that if oil were discovered on the Island, Iran and Sharja would split the proceeds. The arrangement cost Sharjas ruler his life: Shaikh Khalid ibn Muhammad was gunned down in a coup attempt. Britain itself was complicit in the occupation as it explicitly agreed to let Iranian troops take over the Island one day before independence. By timing the occupation on Britain’s watch, Britain was hoping to relieve the emirates of the burden of an international crisis. But the dispute over the islands hung over relations between Iran and the Emirates for decades. Iran still controls the islands.

Computer Memory - History, Timeline and More

Computer Memory - History, Timeline and More Drum memory, an early form of computer memory, used the drum as a working part,  with data loaded to the drum. The drum was a metal cylinder coated with a recordable ferromagnetic material. The drum also had a row of read-write heads that wrote and then read the recorded data. Magnetic core memory (ferrite-core memory) is another early form of computer memory. Magnetic ceramic rings called cores, stored information using the polarity of a magnetic field. Semiconductor memory is computer memory we are all familiar with, computer memory on an integrated circuit or chip. Referred to as random-access memory or RAM, it allowed data to be accessed randomly, not just in the sequence it was recorded. Dynamic random access memory (DRAM) is the most common kind of random access memory (RAM) for personal computers. The data the DRAM chip holds have to be periodically refreshed. Static random access memory or SRAM doesnt need to be refreshed. Timeline of Computer Memory 1834 - Charles Babbage begins to build his Analytical Engine, a precursor to the computer. It uses read-only memory in the form of punch cards. 1932 - Gustav Tauschek invents drum memory in Austria. 1936 - Konrad Zuse applies for a patent for his mechanical memory to be used on his computer. This computer memory is based on sliding metal parts. 1939 - Helmut Schreyer invents a prototype memory using neon lamps. 1942 - The Atanasoff-Berry Computer has 60 50-bit words of memory in the form of capacitors mounted on two revolving drums. For secondary memory, it uses punch cards. 1947 - Frederick Viehe of Los Angeles applies for a patent for an invention that uses magnetic core memory. Magnetic drum memory is independently invented by several people: An Wang invented the magnetic pulse controlling device, the principle upon which magnetic core memory is based.Kenneth Olsen invented vital computer components, best known for Magnetic Core Memory Patent No. 3,161,861 and as being the co-founder of Digital Equipment Corporation.Jay Forrester was a pioneer in early digital computer development and invented random-access, coincident-current magnetic storage. 1949 - Jay Forrester conceives the idea of magnetic core memory as it is to become commonly used, with a grid of wires used to address the cores. The first practical form manifests in 1952-53 and renders obsolete previous types of computer memory. 1950 - Ferranti Ltd. completes the first commercial computer with 256 40-bit words of main memory and 16K words of drum memory. Only eight were sold. 1951 - Jay Forrester files a patent for matrix core memory. 1952 - The EDVAC computer is completed with 1024 44-bit words of ultrasonic memory. A core memory module is added to the ENIAC computer. 1955 - An Wang was issued U.S. patent #2,708,722 with 34 claims for magnetic memory core. 1966 - Hewlett-Packard releases their HP2116A real-time computer with 8K of memory. The newly formed Intel starts to sell a semiconductor chip with 2,000 bits of memory. 1968 - USPTO grants patent 3,387,286 to IBMs Robert Dennard for a one-transistor DRAM cell. DRAM stands for Dynamic RAM (Random Access Memory) or Dynamic Random Access Memory. DRAM will become the standard memory chip for personal computers replacing magnetic core memory. 1969 - Intel begins as chip designers and produces a 1 KB RAM chip, the largest memory chip to date. Intel soon switches to being notable designers of computer microprocessors. 1970 - Intel releases the 1103 chip, the first generally available DRAM memory chip. 1971 - Intel releases the 1101 chip, a 256-bit programmable memory, and the 1701 chip, a 256-byte erasable read-only memory (EROM). 1974 - Intel receives a U.S. patent for a memory system for a multichip digital computer. 1975 - Personal consumer computer Altair released, it uses Intels 8-bit 8080 processor and includes 1 KB of memory. Later in the same year, Bob Marsh manufacturers the first Processor Technologys 4 kB memory boards for the Altair. 1984 - Apple Computers releases the Macintosh personal computer. It is the first computer that came with 128KB of memory. The 1 MB memory chip is developed.

Virtues a successful ruler has according to Machiavelli Essay

Virtues a successful ruler has according to Machiavelli - Essay Example The World Wars clearly illustrate the lengths that have been taken in a attempt to acquire power and fame. However, other social setting have been able to peaceful elect their leaders successful without any strife. A question is then raised on the different scenarios that lead to peace or war among the people. Philosophers went a step further to study the reasons behind the behavior of people leading them to act in a certain way and the mindset involved. Some of them focused on the politics of the people and especially their leaders who determined the political environment of their citizens. Machiavelli was one such individual who drew some conclusions on qualities that led to a successful ruler. We shall discuss his theories at a critical angle and justify his conclusions. Machiavelli was born at a time when the political situation of his time was filled with devious acts of tyranny and dictatorship. The leaders of his time including the Pope took over power by means of force and tr eachery without the slightest hint of apology to the people involved. The citizens took second place in their fight for supremacy and their welfare, including the prosperity of their countries was a dismissal subject. These events lead Machiavelli to look back at past leadership regimes and the impact of their rule on society. He gives an example of Cesare Borgia and states, ‘‘Cesare Borgia was accounted cruel; nevertheless, this cruelty of his reformed Romagna, brought it unity, and restored order and obedience†¦.’’1. It is clear from the quote that the philosopher was only trying to be reasonable in his approach to the situation at hand. He justified the means to the ultimate end as was core understanding of politics. As a politician himself, Machiavelli decided to resign from public office and write guidelines on successful qualities of leaders as he saw fit at the time. He begins by outlining that a ruler must possess the qualities of virtu and For tuna. By way of virtu, one is able to control the status of his leadership and assert himself among his people. This was not the traditional virtuous way of leading, but an unconventional stand in which one uses any means possible to establish their rule. Such means are at times violent and harmful to the people but they sometimes arrived at the desired results as was initially intended. Andrew in his book writes, ‘As such, when he talks about â€Å"virtue,† he tends to mean, not moral goodness or Christian piety, but skill required to keep control of one’s kingdom.’2 He goes ahead to explain that the functionality of the two factors go hand in hand with each other thus one has to be able to prepare for future outcomes by influencing their result. This involves adapting to the changes that may occur in the course of pursuit of power for the sake of being relevant. Those who are resistant to change could find themselves in ruin if caution is not taken. Such as the seasons of time change, so do our circumstances in life and we should be prepared to manage the results of those changes in society. In times of peace, one should build for themselves vessels of protection incase a turmoil develops. We cannot always rely on our luck to be in power but take an active role in ensuring our prolonged stay. The other notion of Machiavelli insists that leaders should separate their innate morality from their actions in

Poverty in the Global economy Essay Example | Topics and Well Written Essays - 250 words

Poverty in the Global economy - Essay Example The government should try harder to redistribute income so that the have-nots can make use of their share as it is their democratic right. By redistributing income, the government’s popularity will increase. High levels of inequality are not alright. Inequality cannot be solved by taking from the wealthy and giving to the poor. However, it can be solved by empowering the poor. By empowering them, they are given power to do something which shall lead to productivity. Persons who work hard can also be identified by the leaders in the society and rewarded. This will create productive competition among the people. In such a scenario, the society should also strive towards equality in income (Snarr and Snarr 9). When it comes to poverty, globalization has been a negative force in the world. The reason for this is that it has allowed bigger businesses and wealthier nations to drive forward their aims at the expense of less endowed nations and small businesses. This has been through progress in technology which small businesses and developing countries cannot manage to pay for. Also, many of the jobs created by globalization are not well paid and companies have been outsourcing cheaper labor from other countries (Snarr and Snarr

Why Women Should Avoid Abortion Essay Example | Topics and Well Written Essays - 1000 words - 4

Why Women Should Avoid Abortion - Essay Example Reasons against abortion are broad and vary from religious values, human values, as well as the values associated with conscience. Issues related to primary human values appear at the top of reasons why women should not get abortion. It is crucial for women to put into perspective the unborn babies. It is definite that irrespective of the circumstance under which a woman conceived, the unborn child was not responsible in any way (Waxman, 2009, 08). It is necessary to allow the unborn babies enjoy the right of living and growing into a person just as the biological father and mother lived to the level of interacting to bring the child to life. Women in this case, ought to reduce their egoistic elements towards the unborn and be more humanitarian to them as well. Undoubtedly, the unborn kid does not have any clue on how and why it is at the exact place. It is not good to terminate a life without giving it a chance to live fully. Indeed, there are many other mechanisms of resolving related problems. Along with this line of thought, procuring abortion compounds a tragedy. It is understandable that the conditions which a woman conceives are tragic such as a rape and incest. Other occasions include diagnosing the pregnant mother with a health defect that could also include the pregnancy putting the health of the expectant mother at risk. Nonetheless, it is never justified to respond to one tragedy with another one. A critical question to the proponents of abortion is, how does killing a child eradicate rape incidences? If the unborn in the womb of mother is ill, do we cure him by taking his life? In general, the society cannot avoid the all issues arising from health by denying the existence of human beings. It is only recommended that the society puts adequate measures in place to care for raped women compassionately.   Compassionate care does not in any way include ending the existence of the child in the womb. Care includes among other actions extending real facts to parents experiencing prenatal complications and directing them to other women wit h experiences that remain helpful to their colleagues.  

Government (social contract theory and redistribution of wealth) Essay

Government (social contract theory and redistribution of wealth). Chose one of them - Essay Example I am more inclined to believe that man by default is good and influenced by his or her environment where he can be better or slide into misery, as Hobbes argues. Misery and chaos are not the natural conditions of man but, rather, the blank state or tabulasa rasa subject to the condition and influence of the society, environment and government. Hobbes’ argument about the basis of government is also flawed, as per the statement that government is formed by its citizens’ giving up some of its destructive rights to have a government. While it may be partially correct that people must cede or limit some of their freedoms to achieve order, it does not necessarily mean giving up their freedom. Simply, government was not created on the basis of men agreeing not to kill or rob each other; rather because it is better for them if there is a government to set the direction of what the ideal behavior in society is and to protect their rights and freedom. Locke Locke agreed with Hobb es in the fundamental need for a government. They, however, differ in the reason and principle for forming such government. For Locke, government is created by people who agree to bind together and form a government who would look after them for their protection and security of their lives, properties and their freedom. I am inclined to agree with the proposition of Locke because, unlike Hobbes, Locke’s philosophy is hinged on morals where people agreed to bind each other for their mutual protection and security and not because they cannot be left on their own as they are chaotic and miserable, as what Hobbes contended. One of the many facets of Locke’s argument I like is his idea of the basis of government’s legitimacy. I believe he started the idea of democracy. For Locke, government must have the consent of the governed to preside over them. This principle is the basis why we have elections and why the elected officials are beholden to the people and why the people are sovereign compared to the old principle of Divine Right of Kings where kings ruled even without the consent of the governed. This idea of Locke that the government must have the consent of the governed has also its safeguard mechanism against the abuses and incompetence of the government. In cases where government and its officials are abusive, incompetent or corrupt, the governed can hold them accountable during elections by not voting for them, thus, removing them from office. In extreme cases, it is possible to even change the government itself through revolution, as what we have seen in many countries where dictators were toppled because the governed no longer wanted authoritarian rule. Above all, I agree with Locke’s social contract because the Declaration of Independence which is the basis of our government was based on Locke’s social contract theory. Without Locke’s idea of social justice, America as a society will be something else, which coul d be far from the ideal and not what it is today. II. Government responsibility for the citizens I am more inclined to believe in Rawl’s theory of justice. In Rawl’s theory of justice, he advance two kinds of justice, one of which is the merit theory;as the title suggests, it rewards the person depending upon one’s contribution to society. The other one which is more applicable to this case is the need theory which posits that

Global health Essay Example | Topics and Well Written Essays - 2000 words

Global health - Essay Example The support and initiative from every country is beneficial as it evaluates the crises of health care and then takes a precautionary measure for diseases to stop them from spreading globally (Global Health Initiative, 2011). In this context, this paper intends to identify the role of philanthropy work such as the role played by Bill Gates through his benevolent activities in health related initiatives. The paper also intends to identify role of such initiatives in the context of existing WHO policy priorities. The challenge for global health is to study the real life cases and try to produce an innovative idea for the solution of the problems for health. The students or leaders or corporate or an individual can participate to overcome challenges against global health (UBN Global Health challenge, 2011). The Global Health Council is a non profit making organization and its mission is to develop better health globally by assisting, the one who works for improvement and progress of global health. The council secures the information required to work effectively. The Global Health Council is the globe’s largest membership association which consists of corporation, NGO’s, academic institution, foundation and government agencies that coordinates for the improvement of the global health (Global Health Council, n.d.). WHO (World Health Organization) is an institution which takes initiatives for the protection of health of the global populace. It is operating since 1948 and there are more than 190 countries as the members of WHO (World Health Organization). Every country has joined WHO to fight against certain threats related to health which may be harmful for other nations as well (World Health Organization in Belarus, n.d.). Philanthropy is the ethical event in response to ‘human problems’. It is essential for free civil society. Philanthropy is love for

Government (social contract theory and redistribution of wealth) Essay

Government (social contract theory and redistribution of wealth). Chose one of them - Essay Example I am more inclined to believe that man by default is good and influenced by his or her environment where he can be better or slide into misery, as Hobbes argues. Misery and chaos are not the natural conditions of man but, rather, the blank state or tabulasa rasa subject to the condition and influence of the society, environment and government. Hobbes’ argument about the basis of government is also flawed, as per the statement that government is formed by its citizens’ giving up some of its destructive rights to have a government. While it may be partially correct that people must cede or limit some of their freedoms to achieve order, it does not necessarily mean giving up their freedom. Simply, government was not created on the basis of men agreeing not to kill or rob each other; rather because it is better for them if there is a government to set the direction of what the ideal behavior in society is and to protect their rights and freedom. Locke Locke agreed with Hobb es in the fundamental need for a government. They, however, differ in the reason and principle for forming such government. For Locke, government is created by people who agree to bind together and form a government who would look after them for their protection and security of their lives, properties and their freedom. I am inclined to agree with the proposition of Locke because, unlike Hobbes, Locke’s philosophy is hinged on morals where people agreed to bind each other for their mutual protection and security and not because they cannot be left on their own as they are chaotic and miserable, as what Hobbes contended. One of the many facets of Locke’s argument I like is his idea of the basis of government’s legitimacy. I believe he started the idea of democracy. For Locke, government must have the consent of the governed to preside over them. This principle is the basis why we have elections and why the elected officials are beholden to the people and why the people are sovereign compared to the old principle of Divine Right of Kings where kings ruled even without the consent of the governed. This idea of Locke that the government must have the consent of the governed has also its safeguard mechanism against the abuses and incompetence of the government. In cases where government and its officials are abusive, incompetent or corrupt, the governed can hold them accountable during elections by not voting for them, thus, removing them from office. In extreme cases, it is possible to even change the government itself through revolution, as what we have seen in many countries where dictators were toppled because the governed no longer wanted authoritarian rule. Above all, I agree with Locke’s social contract because the Declaration of Independence which is the basis of our government was based on Locke’s social contract theory. Without Locke’s idea of social justice, America as a society will be something else, which coul d be far from the ideal and not what it is today. II. Government responsibility for the citizens I am more inclined to believe in Rawl’s theory of justice. In Rawl’s theory of justice, he advance two kinds of justice, one of which is the merit theory;as the title suggests, it rewards the person depending upon one’s contribution to society. The other one which is more applicable to this case is the need theory which posits that

Legal Aspects Related to the Exploitation of Weaknesses in Terrorist Research Paper

Legal Aspects Related to the Exploitation of Weaknesses in Terrorist Organizations - Research Paper Example The September 11 bombing, popularly known as the 9/11 bombing in 2001 was only the worst terrorist attack in the United States homeland. It was a wake-up call for the American people as thousands of innocents were killed in a conflict they knew nothing about and on which they had no involvement. Suddenly, it occurred to the American people that they are vulnerable to attacks not only abroad but also in their homeland where they are supposed to be safe. Nobody among the American people is safe. The terrorists blend themselves incognito among civilians and the innocents. A purely military or conventional police approach will not fully work as terrorists blend themselves deep among office workers, employees, workers, business people, mothers, commuters, pedestrians, and in all walks of life. America has to confront the threat of terrorism comprehensively. America must face the threat of terrorism at home and confront terrorism whenever it tries to displays its ugly head. However, to defeat terrorism, America must do more. Terrorism is like any of the deadly mosquitoes of the world. It must be stopped or neutralized on sight but America must also destroy its breeding places, its network, its organization, and its personnel. Thus, America must be proactive. It must do what it can to proactively destroy terrorism----its organization, network, supply and logistic lines, and personnel. America must search for the terrorist breeding areas and destroy its network in-situ or on-site. The obligation of America to combat terrorism is an obligation not only to her citizen but also to the international community as well (Carillo-Salcedo, 2009, p. 13). In destroying terrorism at their breeding places, destroying their organizations including the ideological foundation that provides the reason for their (wrong) existence is an important route. Terrorist

Assessing ecosystem health Essay Example for Free

Assessing ecosystem health Essay The simple summary of the article is shown below.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Metaphors drawn from human health can be applied in environmental assessment at ecosystem levels; hence the concept of ecosystem medicine may also be appropriate in trying to understand the environment.   By using metaphors one can understand a difficult concept into more known terms since a comparison as to what is common in medicine and in ecosystem. Human use science but they employ art also in appreciating and studying things. As a necessary consequence of using arts or even science   errors in treatment could also happen as there could also be cased of false alarms in diagnosing the environment.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   But for a successful application of the medical concepts in ecosystem, there could be a need have a greater-defined taxonomy of ecosystems to afford a better correlations and analysis of the different variables involved in ecosystems. Taxonomy will allow more definitions of technical terms in ecosystems which could be used by scientists and scholars to make a thorough investigation and analysis.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The health status of ecosystems in turn could also serve a good barometer to assess the present status or health of the environment. This must be so since the better the ecosystem , the better the environment. Question: 2.    Write a review of Section 1 (p-15: Introduction) and also indicate important points which the author has talked about to be discuss in the paper; any critique; anything missing?   Any important information we get from this section?   Any interesting thing we get from this section, and do we really find it in the following section? The simple introduction is shown below.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author is saying that whatever the ecosystem now suffers is partly caused by human activity.   He is using a metaphor to convey his message.   That the environment’s health must also be determined like that of a human individual.   Like a human being who is subject to stress, the author illustrates that the ecosystem also suffers from effects of various stresses.   He cited as examples of stresses the following: harvesting, introduction of exotic species, generation of waste residuals, physical restructuring, and even extreme natural events which affect the environment. Question 3.   Write a review of Section 2 (p-16: Ecosystem: a nebulous concept?)   What do we learn from this Section?   What has author tried to communicate and how successful he has been to communicate?   And also indicate the significance of this section related to this article, if you see any critique to this section then write it with a complete logic? Is ecosystem a nebulous concept?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author is saying that while others my think that term ‘ecosystems’ may be indefinite of meaning   because   of difficulty of delimiting boundaries on the basis of conventional observations.   Ecosystems are not isolated, but intimately connected, or nested within adjacent or larger systems as seen in the continuum from rivers to lakes; from estuaries to the sea; from the sea to the worlds ocean.   The author agrees that for management and assessment, ecosystem constitutes a relevant macro-level unit for describing the environment (Rowe, 1961, 1989; Bird Rapport, 1986).   Ã‚  Ã‚  Ã‚  Ã‚     The author is very clear in describing the ecosystems as a dynamic, complex, and open systems that are in constant change over ecological, evolutionary, and geological time (Rapport Regier, 1992), and such they exhibit chameleon-like properties; that is, they might exist in a number of alternative forms, the particular composition being very much influenced by internal dynamics and by interactions with neighboring systems (Holling, 1985; Rapport Regier, 1992). Question 4.   Write a review of Section 3 (p-16: Towards an Ecosystem Health Model) what do we learn from this Section?   What has author tried to communicate and how successful he has been to communicate?   And also indicate the significance of this section related to this article, if you see any critique to this section then write it with a complete logic? The quest for understanding leads to quest for having health ecosystem.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author is saying that in the quest for a more comprehensive understanding of the process of ecosystem breakdown and recovery, he has come to think that humans are engaged in some form of ecosystem medicine (Rapport et al., 1979).   He said that introducing the medical metaphor suggests that, like physicians, ecosystem practitioners are in need of systematic procedures by which to recognize illness, devise protocols to rule-in or rule-out possible causes, and prescribe treatment. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When it comes to treatment, medicine suggests several options: following internal medicine, ecosystems may be treated by regulating the blood chemistry of the system; following surgery, ecosystems may be treated by wholesale physical and biological restructuring.   The latter may involve both removal of undesirable elements and introduction (grafting) of desirable ecosystem components. I should hasten to add that we are concerned here with the application of scientific methodologies developed in medicine in order to assess the state of ecosystem health.   In so doing I neither subscribes to the view that ecosystems can be considered as organisms (for clearly there are not not not not substantive differences in both the mechanisms and degree of integration as well as in the dynamics of these two systems) nor do I suggest.   (Rapport, 1992) (Paraphrasing made) Question 5.   Write a review of Section 4 (p-17: The subjective nature of health assessments) what do we learn from this Section?   What has author tried to communicate and how successful he has been to communicate?   And also indicate the significance of this section related to this article, if you see any critique to this section then write it with a complete logic? Subjectivity is employed in assessing the ecosystem.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author is equating the subjective judgment used in health assessment as to what is being done in assessing the ecosystem.   He said that clearly, in many cases, the diagnosis and treatment of sickness also uses gut feel or hunches in addition to the scientific way..   Inevitably, there enters a degree of subjectivity in evaluating the health status of an individual or an ecosystem. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author mentioned some ecosystem transformations that are made without recourse to societal values or limitations of scientific understanding and cited as example the demise of the forest downwind of a smelter.   Nevertheless, he admits that more frequently   social value-judgments and the limitations of science appear   to mix as a form of art.   The author gave as an example the conversion to plantations of radiata pine (Pinus radiata) of highly diversified indigenous forests in New Zealand, where there are opposing view between conservationists and foresters. (Rapport, 1992) (Paraphrasing made) Question 6.   Write a review of Section 5 (p-18: Early Warning Signs of Pathological Ecosystems) what do we learn from this Section? What has author tried to communicate and how successful he has been to communicate?   And also indicate the significance of this section related to this article, if you see any critique to this section then write it with a complete logic?   (This section should cover all sub sections of the main section, one by one) Early warning signs of pathological ecosystems have obstacles.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author mentioned three obstacles in providing early warning of ecosystem pathology and they are: Firstly, basic processes such as nutrient cycling and primary productivity, is highly cyclical and irregular, varying from year to year, seasonally and diurnally.   Such variability and seemingly random behavior raises havoc with detection of the onset of much pathology that beset aquatic ecosystems. Secondly, early symptoms of ecosystem degradation may be missed or discovered only after pathology is well advanced. Thirdly, false alarms are easily sounded owing to a still far from adequate understanding of the long-term dynamic behavior of ecosystems. Ecosystems have common systems of degradation.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Under section 5.1 on â€Å"Health indicators at the ecosystem level,† the  author is discussing the identification of common symptoms of ecosystem degradation.   These common symptoms are termed the ecosystem distress syndrome (Rapport et al., 1985) and characterize a large number of ecosystems under stresses of various types.   The author citing Rapport, 1991, said that with reference to aquatic ecosystems, the ecosystem distress syndrome comprises the following symptoms: (1) alteration in biotic community structure to favor smaller forms; (2) reduced species diversity; (3) increased dominance by r selected species; (4) increased dominance by exotic species; (5) shortened food-chain length; (6) increased disease prevalence; and (7) reduced population stability. (Rapport, 1992) (Paraphrasing made) Like human diseases, ecosystems have risk factors, too.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Under section 5.2   on â€Å"Ecosystem risk factors,† the author   Ã‚  supports the idea of identification of individuals at risk for certain types of diseases, as those found in coronary disease, which will shift man’s attention from treating illness to prevention.   The author argues that using the same principle of identifying risk in ecosystem, prevention of the ecosystem’s degradation could be prevented. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   He believes that this approach works best where a single dominant stress acts to transform ecosystems, such as may occur in the process of eutrophication or acidification of aquatic ecosystems.   He said that much is known about the actions of these two stresses and the vulnerabilities of the recipient aquatic systems (e.g., Minns et al., 1990). He then argued that combining the findings from case studies of impacts of such specific stresses on ecosystems with the knowledge of current stress loadings and sensitivities of recipient ecosystems enables one to arrive at an ecosystem level risk assessment. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   He was able to cite the development of various factor analyses similar to the manner in which risks of coronary disease are now assessed in ecosystem health evaluations. He cited the work of Minns et al. (1990) who have examined the impact of acid precipitation on the loss of fish species in vulnerable eastern Canadian lakes. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With these studies the author is really looking forward for the prevention of ecosystem’s degradation. Validation of treatment for ecosystem is a problem, too.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Under section 5.3 on â€Å"Validation of treatment† the author also talks of validation of treatment which is considered the bottom line for medical practitioners. This premised on the idea that once an illness has been diagnosed, the question turns squarely to the most effective treatment. Treatment validation provides a basis for selection among alternative procedures.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In applying the medical terminology to the ecosystem, the author said that success rates for a given treatment cannot be evaluated without factoring out the influences of the other stress factors. He cited an example the evaluation of the effectiveness of harvesting regulations on restoring seal populations in the Baltic Sea. He said that it is necessary to take into account impairments to seal reproductive success owing to the presence of PCBs and related toxic substances (Helle et al., 1976). Here, just as in human medicine, he said, â€Å"we have the need to develop methodologies to factor out co-morbidities.†Ã‚   He mentioned the need for a far better taxonomy of ecosystem ills than we presently have. He said that one currently may describe ecosystem pathologies in terms of air pollution damage to forests, eutrophication of aquatic systems, acidification of aquatic and terrestrial systems, etc. but he said that these are very rudimentary categories. He therefore suggested that for each of these classifications there are many finer subdivisions which need to be categorized before one can readily compare case histories. (Rapport, 1992) (Paraphrasing made) Question 7. Write a review of Section 6 (p-21: Reporting on the state of environment from an ecosystem health perspective) what do we learn from this Section? What has author tried to communicate and how successful he has been to communicate? And also indicate the significance of this section related to this article, if you see any critique to this section then write it with a complete logic? Environment could be seen from the health of the ecosystems.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author is trying to make a picture of the environment on the basis of the status of the ecosystem. He cited Canada as having subdivided its land areas into 15 ecozones, defined on the basis of Physiographic, vegetation type, soils/surface materials, climate, and human use. He reported that the forests of most ecozones are impacted by a combination of natural and cultural stresses (particularly in the Montaine Cordillera, Boreal Shield, and Atlantic Maritime ecozones). Included in the stresses is fire, insects and diseases, over-harvesting, conversion of forests to agriculture, construction of transportation and utility corridors, air pollution, and climate-induced stresses such as red belt and wind throw.   He then cited the relationship of increase disease in ecosystems which are more stressed. (Rapport, 1992) (Paraphrasing made)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author also mentioned that the other sections of the 1986 Canadian State of Environment Report relate to aquatic ecosystems, both the Laurentian Great Lakes and other Inland Waters, as well as the three marine systems (Atlantic, Pacific and Northern). He also cited that the major stresses affecting these ecosystems include: over-harvesting, construction of dams and diversions, contaminants (including toxic substances), and the purposeful or accidental introduction of exotic species (particularly in the Great Lakes and inland waters). Further, in all but the Northern marine ecosystems, land use change (particularly the drainage of wetlands for agricultural and recreational purposes) and sewage inflows added significant additional stress. (Rapport, 1992) (Paraphrasing made) Question 8. What do we understand from the Conclusions written on p-23, are they appropriate; any critique; any thing missed in conclusion; any thing over emphasized. The simple conclusion could be done as shown below.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   We understand from the conclusion that ecosystem behavior under stress is complex and processes leading to degradation and recovery are only partially understood, nonetheless, ecosystem medicine is coming of age at least as a conjectural art. There therefore many challenges along the way. There also a combination of objective and subjective criteria is called into play in rendering judgments as to the health of ecosystems.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another thing that   I did understand in the conclusion is that in talking about assessing the ecosystem from a point of view need not involve or borrow concepts from the medical sciences to understand the system but that the author argues that use of the metaphor suggests more systematic approaches to the diagnosis and treatment of ecosystem ills, underscores the importance of validation of remedial action interventions, and draws attention to the inherent subjective nature of health assessments. Further, the metaphor provides a language in which the concern for ecosystem health becomes a natural extension of the concern for individual health The conclusions drawn are appropriate and does not in any way insist that understanding how to manage the ecosystem be necessarily made reference to the medical science field.   It could be made from different points of view and the advantage of using a field of study to bring out the issues via use of metaphor may contribute much to information campaign. Question 9.   Is this article helpful in planning and managing environment, if yes how?   If no, why? What is the relevance of the article in planning and management of the environment?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     I believe this article is helpful in planning and managing environment.   Different persons belong to different professions and different professions have their own languages.   By using metaphor in medicine to discuss ecosystem and the environment, would be getting the member of the medical profession to understand the issues more clearly and to get their support for the cause of the environment Question 10.   Is the title appropriate, if yes WHY?   if no then suggest some other title, and also justify the title with a logical reasoning. How show the article be titled appropriately?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The title evaluating ecosystem health seems not to include treatment on ecosystem treatment.   Since it talks also of treatment the title could be modified as â€Å"Evaluating and Maintaining the Ecosystem’s Health.†Ã‚   By simply saying evaluating it the discussion on treatment should not have been part. Reference: Bird, P. M. D. J. Rapport, 1986. State of the Environment Report for Canada. Ministry of Supply and Services.263 pp. Helle, E., M. Olsson S. Jensen, 1976. PCB levels correlated with pathological changes in seal uteri. Ambio 5: 261263. Holling, C. S., 1985. Resilience of ecosystems local surprise and global change. In: T. F. Malone J. G. Roederer (eds), In Global Change, pp. 292317. Cambridge Univ.Press, Cambridge. Minns, C. K., J. E. Moore, D. W. Schindler M. L. Jones, 1990. Assessing the potential extent of damage to inland lakes in eastern Canada due to acidic deposition. 1V. Predicted impacts on species richness in seven groups of aquatic biota. Can. J. Fish Aquat. Sci. 47: 821830. Rapport, D. J., A. M. Friend, 1979. Towards a comprehensive framework for environmental statistics: a stressresponse approach. Statist. Can., Ottawa. Rapport, D. J., H. A. Regier, 1992. Disturbance and stress effects on ecological systems. In: B. C. Patten S. E. Rapport, D. J., 1991. Myths in the foundations of economics and ecology. Biol. J. Liimean Soc. 44: 185202. Rapport, D. J., H. A. Regier T. C. Hutchinson, 1985. Ecosystem behaviour under stress. Amer. Natur. 125: 617640. Rapport, D., (1992), Evaluating ecosystem health, Journal of Aquatic Ecosystem Health, M. Munawar (ed.), Assessing Aquatic Ecosystem Health: Rationale, Challenges, and Strategies. KluwerAcademic Publishers. Printed in the Netherlands Rowe, J. S., 1961. The level of integration concept and ecology. Ecology 42(2): 420427. Rowe, J. S., 1989. Implications of the Brundtland Commission Report for Canadian forest management. Forestry

Alternatives to Custodial Sentences for Female Offenders

Alternatives to Custodial Sentences for Female Offenders This dissertation questions the increase in the female prison population in recent years. It then goes on to outline some reasons against imprisoning women, looking at the alternatives to custodial sentences, and the past and upcoming policy. It suggests that alternatives should be considered over and above custodial sentences as these may be more appropriate for the needs of women. (2) Introduction In the last few years there has been a widespread concern for the numbers of women that are imprisoned. Between 1993 and 2003, the female population increased by almost 200% . Many have concerns about this, for example, The Howard League for Penal Reform published its submission to the United Nations Congress on Crime Prevention, expressing serious concern at the increase in the use of prison for women and the added problems they face in custody. The Howard League for Penal Reform research shows that 4,394 women were detained in 18prisons in England and Wales on 4 March 2005, almost treble the number held in 1993. The number of women experiencing prison over the year has increased by almost 3,000 as most women are sent to prison for only short periods. The number of women on remand has also increased by about a third. This has meant that women’s imprisonment has come under the spotlight for both the public and academics alike. In response to the growing concerns for the unsuitability of custodial sentences for the majority of women there have been attempts to find alternatives to imprisonment that are more appropriate. There has been much concern about the greater numbers of women being imprisoned for several reasons. In the past there has been a reluctance to see punishment as gender specific. As Carlen (2002:3) points out: Theories of punishment are usually expected to be gender-neutral: the state punishes, the citizen submits and the legitimacy of the punishment is debated according to the jurisprudential principles of the time.’ But recently, for example, there has been increasing recognition that the criminal profile of women prisoners is different to that of their male counterparts, and the rehabilitative needs of these women are also different to imprisoned men. In addition the needs of the children of some of these incarcerated women are beginning to be recognised. This dissertation will look at some of these issues that are of growing concern, firstly outlining the main reasons why the female prison population has increased in recent years, and then looking at how custodial sentences are inappropriate for the needs of women. It will then go on to consider a few alternatives to custody that may be more appropriate. In doing so it is necessary to take a look at the policy in this area to establish the problems and make recommendations for the future. Pat Carlen puts forward some questions that are asked each time women’s imprisonment comes under the spotlight: Is it necessary to sends many women to prison? Are women treated differently to men by the police, the courts and the prisons? Why are so many poor, black and mentally ill women in prison? And so on (Carlen, 1998: 2). This dissertation will attempt to explore some of these questions and the issues that surround them. It aims to show that there is a vast disparity between the present system of women’s imprisonment and the needs of the women being sent to them, and in doing so will examine the alternatives to custodial sentences for women. It is important to consider gender differentials at this point. Carlen (2002: 7) puts forward the question: ‘Are women punished differently to men?’ and in response suggests that there are six main bodies of literature that attempt to answer this question. Firstly, there is the historical literature which focuses on the quantity and quality of women’s punishments; Secondly, sociological literature which places the experience of women’s punishment within the wider framework of control, arguing that women appear less frequently in the courts as they are ‘more closely constrained by informal controls of family, factory, fashion, men and medicine’ (Carlen, 2002: 7). Socio-legal studies endeavour to establish whether women are sentenced more or less harshly than men; criminological studies attempt to ascertain and assess the quality of the confinement experienced by imprisoned women. Also a campaigning literature is identified by Carlen, which argues fore variety of reasons that women receive a harsher punishment than that of their male counterparts; and, the literature that has responded to this criticism, for example that provided by the official Home Office Inspectorates. It can be ascertained from the wide review of this literature that firm evidence that supports the fact that women are more severely punished than men is difficult to find, as Carlen points out, ‘In sum, the findings of all this research and scholarship suggest that there is no strong statistical evidence to support claims that women are sentenced more harshly than men.’(Carlen, 2002: 7). In addition to this it would be awkward to ascertain the gender-bias as separate from the bias relating to class or race. However, based on the demographic characteristics of imprisoned women, Carlen (2002: 8) argues that although the majority of women are treated more leniently by the criminal justice system (for example see Lederman and Gels Thorpe, 1997, quoted in Carlen, 2002: 8), certain women, in particular those ‘who have been brought up in the states institutional care, have transient lifestyles, have their own children already in state guardianship, are living out with family and male-related domesticity, or are members of the of ethnic minority groups-are more likely to proceed through the criminal justice system and end up in prison.’ Although this argument does not contend with the argument that women are treated more leniently with men, it complements the argument of Lederman and Gels Thorpe: The likelihood that female offenders may overall receive more lenient treatment than males does not rule out the possibility that individual women receive unusually harsh treatment.’ (Lederman and Gels Thorpe, 1994: 4) As can be seen from the following chapter, gender influences are evident within all aspects of crime, criminality and the criminal justice system. Gender stereotypes can inform decisions as to whether person has committed a crime, whether they should be prosecuted and found guilty for a crime, and indeed, gender affects how a person might be punished and how this may affect the criminal and society. Criminal law tends to render women as passive victims, and when they appear as criminal they can either treated as irrational, acting under external factors or as unfeminine monsters (Nicolson, 2000:25). Despite this, it’s only recently that these gender dimensions have been considered, as Nicolson points out, ‘Traditionally criminal law has been analysed and taught as if it’s rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant’(from Nicolson and Bobbing’s, 2002: 1). This gender-blind approach to crime and the criminal justice system has now been recognised and analysed by feminists and criminologists alike. Fox (2002) urges that it is crucial for both feminist scholars and students of criminal law to engage with the issue of punishment, as this offers a key to understanding substantive law issues, in the past, she suggests, literature has focussed on women who kill, for example, but has failed to put forward a suggestion for whether these women should be punished and how. This paper will attempt to redress this imbalance. (3) Explanations of the Increase in the Female Prison Population In looking at the explanations underlying the steep increase in women’s imprisonment in recent years, the study undertaken by Carlen(1998) offers some useful points to consider. She accumulated several opinions in her study which serve to add understanding. A female Prison Governor suggested that the number of prison sentences are higher despite no significant rise in the number of reported crime due to several reasons; firstly, she suggests that it could be andante-feminist approach that says, ‘well, if you women want equality, you’ve got to take it’; secondly, it could be due to the rising pressure on women in society to cope financially without a partner leading to more crime being committed; thirdly, she suggests, it could be that women in the past have been more likely to go down the route of being admitted to a mental hospital which has suffered cuts in funding. A Prison Officer put forward that women are still being sent to prison for trivial crimes, which is supported by prisoners comments. Carlen summarises the responses given as thus: (1) more women are committing violent crimes; (2) more women who would not have previously gone to prison are going due to increasing involvement with drugs; (3)more black women are going to prison so racism may be the key; or (4)prison is being used to incarcerate the same social categories for women that it always has – the destitute, the most obviously gender deviant, and the mentally disturbed – but the numbers of women presenting themselves in these categories have increased with growing economic inequality (Carlen, 1998: 51). Another explanation is that women are becoming more violent, indeed the proportion of female prisoners under sentence for crimes of violence against the person was indeed (at 20 per cent) only two present less than the proportion of male prisoners. Fletcher (1975, in Carlen, 1998: 52) supports this view: ‘It is undoubtedly the case that the level of convictions of violence against the person has increased among women.’ However, he also points out that, ‘the female prison population has †¦ risen steeply whilst serious convictions have actually fallen’; suggesting that this may be due to longer sentences being served. As will be seen later, it is much more likely that it is the increase in more punitive sentencing for trivial crimes that is more likely to offer an explanation. It is possible that racism is the key to increases in the female prison population, as the Home Office (1997) points out: In June 1996, there were 10,200 people from ethnic minorities in Prison Service establishments. Ethnic minorities accounted for 18percent of the male prison population and 24 per cent of the female population compared with 6 per cent of the male and female populations of England and Wales (From Carlen, 1998: 54). However, there may be other reasons underlying these numbers, and it’s impossible to disentangle issues of race, gender, and other forms of inequality. Unfortunately there is no time here to consider all the concerns that this issue deserves, except to say that it may be contributory factor to the increased numbers of imprisoned women, but this view is highly contentious. Carlen (1998: 54) suggests that when women are being considered for tougher sentence rather than a milder sentence, they may be escalated up the tariff towards the custodial end more quickly than a male purely because the range of non-custodial facilities for women is narrower. However, although all these concepts will serve in some way to increase the numbers of female offenders serving custodial sentences, the most likely and supported factor is the economic and social status of women: †¦ despite exaggerated claims about increasingly violent and addiction driven female offenders, it appears that there is consensus amongst most analysts and commentators that the steep increases in the numbers of women received into British Prisons in the1990’s can best be explained by the increased numbers of women in the social categories of economic need and social deprivation who have traditionally been more vulnerable to imprisonment, and by the increased punitiveness of the courts towards female offenders in general. (Carlen, 1998: 56) (4) Reasons Against Imprisoning Women The Feminist Response In looking at the feminist response to criminal justice for women, firstly it is important to look at the general models of punishment that exist today. Fox (2000: 51) points out that traditionally there are three main theories of punishment – retribution, deterrence and rehabilitation. The retribution model is concerned with the notion of vengeance, and balancing the punishment with the level of harm inflicted on the victim. Advocates of this ‘just desert’ approach(Clarkson and Keating ) claim that it ensures proportionality between crime and punishment, promises limited punishment, helps reduce sentencing disparity and protects rights by restoring due process. However this approach is open to criticism due to its lack of consideration of individual factors such as poverty, unemployment, inequality and gender, assuming that every individual is an autonomous member of society. Similarly, the deterrence model focuses on rational autonomous action through its aim of discouraging crime through the threat and example of punishment, which like the latter model does not take into account individual differences, including the responsibility held by criminals. Fox (2000: 53) suggests that the rehabilitation model appears more promising from a feminist perspective as it aims to secure conformity through inner positive motivation on the part of the individual(Clarkson and Keating ) and its focus on understanding rather than condemning the offender, through treatment. Although it has been debated as to whether this model can be characterised as punishment, but as Fox recognises, ‘treatment oriented approaches can involve punitive interventions under the guise of treatment’. The criticism of this approach is similar to that of incapacitation theory whish aims for protective sentencing. By imposing longer or more severe punishments thee criminal may become unable to commit more crimes. Fox discusses that because of the special privations which prison sentences may inflict on female prisoners, it this may have greater impact on women. Therefore it is suggested that a new rationale for punishment that differs from the traditional frameworks to encompass gender differences is needed. Howe takes the view that the definition of punishment needs to be expanded to incorporate broader social control mechanisms, son that it, ‘enables us to forge links between two critical projects: the masculinise one, of analysing the emergence of punishment regimes in the context of the States power to punish, and the feminist one, of mapping the differential impact of disciplinary power on lived female bodies.’(Howe, 1994, see footnote 5). This focus on the body as a means of criticising models of punishment is typical of some writers, for example, Wait who argues that the body is a vehicle for control, in regards to examples such as electronic tagging, the forced separation of parents from children and spouses from each other, as well as community service and probation orders that require the body to work in particular ways, he comments that: The pain inflicted upon it may be less direct, the mark it makes and traces leaves less visible; but the exercise of coercive discipline over the body and a recognition of the anguish it is capable of experiencing are still at the heart of punishment’(Wait, 1996, from Fox, 2000: 58). Fox puts forward that this can apply to other types of punishment too, namely, forced treatment for drug and alcohol dependency and the use of boot camps, chain gangs and capital punishment in the US. Focus on the body, she suggests, can make the diverse ways in which women are placed under surveillance, disciplined and punished more apparent, and that practices such as imprisoning pregnant women, handcuffing labouring women, separating mothers from their children and strip searching tend to force people to confront the reality of punishment. As can be seen a focus on the body can take forward feminist perspectives in its struggle against the patriarchal nature of the State’s criminal justice system. Although greater numbers of women continue to receive custodial sentences, proportionally more women offenders in both the US and Receive probation, or absolute or conditional charges. Pat Carlen(1985, quoted in Fox, 2000: 60) puts forward a potential reason for this: ‘†¦the majority of women †¦ in trouble are much more likely to be in receipt of medical, psychiatric or welfare regulation than caught up in the machinery of criminal justice, which accounts for the court’s readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violent’ The Specific Needs of Women This section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues. Family It could be argued that women’s identity as mothers is critical in sentencing practice. Fox (2000:62) argues that those women who conform to the traditional stereotype as mothers can more easily avoid being labelled as criminal, whilst conversely, women who do not conform to this stereotype compare unfavourably, and women who are judged to fails wives or mothers, such as young single women who commit offences as members as gangs, for example, are treated relatively harshly. This highlights how gender roles can have an effect on criminal procedure in general, and sentencing. The Home Office report offered by Lederman and Gels Thorpe confirm that this is the case, reporting that the degree to which a female offender conforms to traditional gender roles, especially regarding her marital status, is the most influential factoring how she is regarded by the courts. Therefore it seems that the discrimination faced by women in society carries over to the criminal justice system. Carlen (1998: 74) in her study looked at the different experience of women in prison compared to that of their male counter parts. She found that the most resounding response related to women’s role within the family both in terms of ideology and function. This was described mostly in terms of women’s role as mothers, although, also included their roles of primary care-giver to other family members, including the dependency that men had upon them. For example, male staff recognised that a powerful mix of biological ties, emotional bonds and family ideologies can affect a woman’s prison experience (Carlen, 1998:74). One respondent in particular commented that, in 99 per cent of cases when a man comes to prison he has the knowledge that his children are being looked after and the rent will be paid by the DSS, however women tend to lose their homes, and often their children to foster care. Another commented that the females have a closer bond to their children and it affects them far more. In regards to remand, one respondent suggested that, ‘If a woman has a baby while she is on remand in custody, social services will be contacted and the baby would be taken off her. She’s being denied the right to bond with that baby at such a vital stage†¦ Another problem that we have is that if they are sentenced we initiate the procedure for applying for a Mother and Baby Unit, but there are not enough mother and baby spaces for them to go to.’ (A Prison Officer, from Carlen, 1998: 79) Contemporary Criminal Justice policies can have a detrimental impact on families, in terms of both the impact of a mother’s imprisonment on their children and the impact upon the mothers. With the striking increase in numbers of women serving custodial sentences the effect that this can have on the children that a proportion of these women have needs to be taken into consideration. Ideology that contends with the view that female offenders do not deserve privileges such as regular contact with their children has a lack of regard of the fact that this also penalizes the children, Clarke (1995) refers to these children as the ‘unseen victims of a mother’s incarceration’. Although removing a child from the criminality associated with their mothers is often considered to be in the best interests of the child, this removals harmful in itself. Snyder-Joy and Carlo (1998), in their review of some of the research carried out that look at the effects of the child, found that incarcerating mothers may produce serious negative effects for the children. They found that the forcible separation and lack of close contact between mother and child may cause psychological and behavioural problems for the children, such as aggression, poor school performance, attention deficit, anger, poor social skills, depression, and sleep disruptions. In addition to this, children of incarcerated parents area risk of also ending up in the criminal justice system. In fact, Barnhill and Dresser’s 1991 research notes that, ‘children of inmates are five to six times more likely than their peers to become incarcerated themselves’ (Snyder-Joy and Carlo, 1998: 132). It can be hard to ascertain whether it is the actual imprisonment of mothers that has these effects, rather than say, the economic and social factors that may also affect their mothers, or the general way in which they have been brought up, however the research findings should not be disregarded and the potential effects of custodial sentences of mothers on children should certainly be considered when debating women’s imprisonment. Gabel (1992, taken from Snyder-Joy and Carlo, 1998: 132) sums up this situation for some prisoners and their families: Separations †¦ are likely to have been preceded by family turmoil, conflict, and dysfunction in many cases relative to family functioning in intact families †¦ Many of these families and children are vulnerable even more to further problems and behavioural disorders subsequent tithe separation itself. The latter may increase social, financial, or personal difficulties with which already dysfunctional families cannot cope. As can be seen, the act of removing children from their mothers my produce social, personal and emotional problems for the child. In addition to this the problems that originate during the imprisonment of their mothers, and that may exist prior, will be further compounded if the relationship between mother and child is so damaged that the child may be looked after by the state after release. This in itself is associated with affecting the personal social and emotional development of children and where possible should be avoided where possible. The suggestions made later when alternatives to imprisonment are considered. Imprisonment has adverse effects on women who are mothers even beyond other considerations that have been made in this paper. It has been found that incarcerated mothers report depression, anxiety and fears about their children’s safety while they are apart, as well as feelings of guilt and inadequacy in addition to concerns about returning to the family structure that existed prior to imprisonment.(Snyder-Joy and Carlo, 1998: 135) Punishment is compounded for many female prisoners when they are separated from their children. The majority of incarcerated women are mothers – estimates range from 60-80%, and most of these women were providing the primary means of family support prior to imprisonment(research outlined by Dodge and Pogrebin, 2001), Rasche (2000) commented that the harshest single aspect of being imprisoned may bathe separation of mother and child. Mental Health The assumption that women are more likely to require psychological assessment is evident in the recommendations made by the Home Office, which urges sentences to pay particular attention to the treatment of female criminals. Feminists may argue that this emphasis serves to undermine women, for example Carlen and Worrall argue that the normal women’s body could be perceived as intrinsically ‘abnormal. Menstruation, pregnancy, childbirth and the menopause result in ‘hormone imbalance’ which suggests that the women may be imbalanced at these times (From Fox, 2002: 60). However it is argued that this disposition to consider female defendants as medically unsound underpins the trend towards a treatment approach for these women, rather than a custodial sentence which would be deemed as inappropriate for their needs. A further consideration of the mental health issues and needs of female offenders can be seen later. The Efficacy of Prison Carlen (1998: 102) found that overcrowding in prisons meant that the system was unable to care effectively for those inmates that pose special problems of need, danger and risk. In fact it was found that the general consensus of staff working in the prison service was that the most prisons can hope to achieve, due to the combination of overcrowding and increasingly restrictive security measures, was ‘damage limitation’ rather than equipping inmates to lead good and useful lives when they are discharged. (Carlen, 1998: 149) ‘†¦the incapacitation effect of current levels of imprisonment is not great †¦ A general increase in the use of imprisonment, either by increasing the proportion sentenced to custody, increasing the sentences imposed or increasing the proportion of the sentence that offenders spend in custody, would not affect crime levels by any substantial amount.’ (Tarring, 1993, quoted in Prison Reform Trust1993, in Carlen, 1998:151) The problem with arguing towards a reduction in custodial sentencing for female offenders is that it can be considered a sexist response that is discordant to the attempt of the criminal justice system to treat all equally, and encouraging women to be unlawful without fear of punitive sentence. However, supported by other researchers, Carlen offers a response to this question. She argues that: firstly, the economic, ideological and political conditions in which women break the law are different to those in which man commit crime; secondly, the logic of sentencing tends to be rooted in oppressive and outmoded assumptions about the ‘proper’ role of women in society; and thirdly, that women who appear before the courts usually will have been subject to informal and ‘anti-social’ controls (not suffered by their male counterparts) which would already have affected their opportunities for full citizenship, meaning they suffer a ‘double regulation’(Car len,1998: 153). Carlen recommends that unless women have committed very serious crimes, or pose a danger to public which means they must be incarcerated as a matter of public protection, no good can come from imprisoning women, ‘Almost certainly they will require help of some description – but always of a kind that no prison can provide. Imprisonment can only damage them further, and make them more likely to break the law in the future. (Carlen, 199: 153) In response to evidence and theories presented by researchers and academics the Government have stated that, ‘Imprisonment is not the most effective punishment for most crime. Custody should be reserved as punishment for very serious offences.’ (Home Office 1988, taken from Worrall, 1997: 28). However, as can be seen later, government policy has not always reflected this view. (5) Alternatives to Custodial Sentences for Female Offenders As can be seen from the theory and evidence put forward previously, there is increasing support for the majority of custodial sentences for female offenders to be replaced with an alternative method of punishment or control. Alternatives to imprisonment may also supply a better medium for therapeutic intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice System: The Howard League for Penal Reform is today recommending that prison custody for women should be virtually abolished so that only those women who are convicted of serious and violent offences and who represent a continuing danger to the public should be held in custody. For other women offenders community based interventions that make amends for the wrong done and encourage women to change their lives offer the best change of creating a safer society. (Frances Cooke, Speaker for The Howard League, 2005). In the main, alternatives to custodial sentences involve a type of community punishment, in the form of probation, fines, and electronic tagging, for example, or specialist units. Some examples of these alternatives, and their use for female offenders, will be looked at in this chapter. Firstly, though it is important to identify the main barriers to community punishment alternatives, in order to gain a better understanding of the more specific sentences. Worrall identifies many obstacles to community punishment (1997: 13).Firstly she identifies the obstacle of public and media perception that imprisonment is the only way to punish people accordingly, with other punishments viewed as inferior. Secondly, there is the obstacle of ‘unfair’ or inconsistent sentencing, in that community sentences tend to be reserved for those who can pay, or deemed to be able to benefit from supervision which leaves certain disadvantaged groups in prison. Thirdly, there is the concept of ‘net-widening’ based on the assumption that alternatives to custody will, rather than defer offenders form prison, draw more people into the criminal justice system that may otherwise have been diverted to another agency. Fourthly, is the problem of enforcement, it is much easier not to comply with on-custodial sentences, and some believe that without the backup of threats of incarceration, community alternatives are not viable. However, despite these drawbacks it is important to consider the benefits of using alternatives to custody. Electronic Monitoring Sections 12 and 13 of the Criminal Justice Act (1991) introduced electronic tagging as a method of supervision and control and could offer a valuable commodity in the criminal justice system. However, electronic tagging systems have had a quite a number of starting up problems, and in some cases offenders under this system have requested to be put into custody as this was deemed preferable, despite Tom Stacey, founder of the Offenders Tag Association suggesting that opposition to tagging was based on wilful ignorance of the appalling nature of prison conditions (Worrall, 1997: 31). The tagging system was criticised for leaving families with very little income due to the restraints upon offenders, and for malfunctioning. According to the Prison Reform Trust (1990) by January 1990, only 46 defendants had been tagged on contracts which cost the tax payer  £564,706. Of these 24 had breached the conditions of their bail, been arrested for further offences, or absconded (Worrall, 1997: 3 2). However, if these problems can be overcome and the system used effectively, electronic monitoring may be recognised as a flexible and cost effective alternative to prison, which may be appropriate for female offenders who have been convicted of less serious, less violent and less harmful crimes. It could provide for effective monitoring and control, whilst being used alongside a programme of support and will allow for family and social ties to be retained to a greater degree than imprisonment Special Units for female offenders who are mothers As can be seen in previous chapters a need for specialist provision for female offenders with children is widely supported. In many cases affine, probation, or a curfew order, monitored by electronic tagging, for example, may be appropriate, however specialist units may also be successful in overcoming some of the problems associated with incarcerating mothers. These would supply an opportunity for female offenders to be punished and monitored without the separation of children from their mothers, whilst also providing supp Alternatives to Custodial Sentences for Female Offenders Alternatives to Custodial Sentences for Female Offenders This dissertation questions the increase in the female prison population in recent years. It then goes on to outline some reasons against imprisoning women, looking at the alternatives to custodial sentences, and the past and upcoming policy. It suggests that alternatives should be considered over and above custodial sentences as these may be more appropriate for the needs of women. (2) Introduction In the last few years there has been a widespread concern for the numbers of women that are imprisoned. Between 1993 and 2003, the female population increased by almost 200% . Many have concerns about this, for example, The Howard League for Penal Reform published its submission to the United Nations Congress on Crime Prevention, expressing serious concern at the increase in the use of prison for women and the added problems they face in custody. The Howard League for Penal Reform research shows that 4,394 women were detained in 18prisons in England and Wales on 4 March 2005, almost treble the number held in 1993. The number of women experiencing prison over the year has increased by almost 3,000 as most women are sent to prison for only short periods. The number of women on remand has also increased by about a third. This has meant that women’s imprisonment has come under the spotlight for both the public and academics alike. In response to the growing concerns for the unsuitability of custodial sentences for the majority of women there have been attempts to find alternatives to imprisonment that are more appropriate. There has been much concern about the greater numbers of women being imprisoned for several reasons. In the past there has been a reluctance to see punishment as gender specific. As Carlen (2002:3) points out: Theories of punishment are usually expected to be gender-neutral: the state punishes, the citizen submits and the legitimacy of the punishment is debated according to the jurisprudential principles of the time.’ But recently, for example, there has been increasing recognition that the criminal profile of women prisoners is different to that of their male counterparts, and the rehabilitative needs of these women are also different to imprisoned men. In addition the needs of the children of some of these incarcerated women are beginning to be recognised. This dissertation will look at some of these issues that are of growing concern, firstly outlining the main reasons why the female prison population has increased in recent years, and then looking at how custodial sentences are inappropriate for the needs of women. It will then go on to consider a few alternatives to custody that may be more appropriate. In doing so it is necessary to take a look at the policy in this area to establish the problems and make recommendations for the future. Pat Carlen puts forward some questions that are asked each time women’s imprisonment comes under the spotlight: Is it necessary to sends many women to prison? Are women treated differently to men by the police, the courts and the prisons? Why are so many poor, black and mentally ill women in prison? And so on (Carlen, 1998: 2). This dissertation will attempt to explore some of these questions and the issues that surround them. It aims to show that there is a vast disparity between the present system of women’s imprisonment and the needs of the women being sent to them, and in doing so will examine the alternatives to custodial sentences for women. It is important to consider gender differentials at this point. Carlen (2002: 7) puts forward the question: ‘Are women punished differently to men?’ and in response suggests that there are six main bodies of literature that attempt to answer this question. Firstly, there is the historical literature which focuses on the quantity and quality of women’s punishments; Secondly, sociological literature which places the experience of women’s punishment within the wider framework of control, arguing that women appear less frequently in the courts as they are ‘more closely constrained by informal controls of family, factory, fashion, men and medicine’ (Carlen, 2002: 7). Socio-legal studies endeavour to establish whether women are sentenced more or less harshly than men; criminological studies attempt to ascertain and assess the quality of the confinement experienced by imprisoned women. Also a campaigning literature is identified by Carlen, which argues fore variety of reasons that women receive a harsher punishment than that of their male counterparts; and, the literature that has responded to this criticism, for example that provided by the official Home Office Inspectorates. It can be ascertained from the wide review of this literature that firm evidence that supports the fact that women are more severely punished than men is difficult to find, as Carlen points out, ‘In sum, the findings of all this research and scholarship suggest that there is no strong statistical evidence to support claims that women are sentenced more harshly than men.’(Carlen, 2002: 7). In addition to this it would be awkward to ascertain the gender-bias as separate from the bias relating to class or race. However, based on the demographic characteristics of imprisoned women, Carlen (2002: 8) argues that although the majority of women are treated more leniently by the criminal justice system (for example see Lederman and Gels Thorpe, 1997, quoted in Carlen, 2002: 8), certain women, in particular those ‘who have been brought up in the states institutional care, have transient lifestyles, have their own children already in state guardianship, are living out with family and male-related domesticity, or are members of the of ethnic minority groups-are more likely to proceed through the criminal justice system and end up in prison.’ Although this argument does not contend with the argument that women are treated more leniently with men, it complements the argument of Lederman and Gels Thorpe: The likelihood that female offenders may overall receive more lenient treatment than males does not rule out the possibility that individual women receive unusually harsh treatment.’ (Lederman and Gels Thorpe, 1994: 4) As can be seen from the following chapter, gender influences are evident within all aspects of crime, criminality and the criminal justice system. Gender stereotypes can inform decisions as to whether person has committed a crime, whether they should be prosecuted and found guilty for a crime, and indeed, gender affects how a person might be punished and how this may affect the criminal and society. Criminal law tends to render women as passive victims, and when they appear as criminal they can either treated as irrational, acting under external factors or as unfeminine monsters (Nicolson, 2000:25). Despite this, it’s only recently that these gender dimensions have been considered, as Nicolson points out, ‘Traditionally criminal law has been analysed and taught as if it’s rules are gender blind and as if the gender of both the victims and perpetrators of crime is irrelevant’(from Nicolson and Bobbing’s, 2002: 1). This gender-blind approach to crime and the criminal justice system has now been recognised and analysed by feminists and criminologists alike. Fox (2002) urges that it is crucial for both feminist scholars and students of criminal law to engage with the issue of punishment, as this offers a key to understanding substantive law issues, in the past, she suggests, literature has focussed on women who kill, for example, but has failed to put forward a suggestion for whether these women should be punished and how. This paper will attempt to redress this imbalance. (3) Explanations of the Increase in the Female Prison Population In looking at the explanations underlying the steep increase in women’s imprisonment in recent years, the study undertaken by Carlen(1998) offers some useful points to consider. She accumulated several opinions in her study which serve to add understanding. A female Prison Governor suggested that the number of prison sentences are higher despite no significant rise in the number of reported crime due to several reasons; firstly, she suggests that it could be andante-feminist approach that says, ‘well, if you women want equality, you’ve got to take it’; secondly, it could be due to the rising pressure on women in society to cope financially without a partner leading to more crime being committed; thirdly, she suggests, it could be that women in the past have been more likely to go down the route of being admitted to a mental hospital which has suffered cuts in funding. A Prison Officer put forward that women are still being sent to prison for trivial crimes, which is supported by prisoners comments. Carlen summarises the responses given as thus: (1) more women are committing violent crimes; (2) more women who would not have previously gone to prison are going due to increasing involvement with drugs; (3)more black women are going to prison so racism may be the key; or (4)prison is being used to incarcerate the same social categories for women that it always has – the destitute, the most obviously gender deviant, and the mentally disturbed – but the numbers of women presenting themselves in these categories have increased with growing economic inequality (Carlen, 1998: 51). Another explanation is that women are becoming more violent, indeed the proportion of female prisoners under sentence for crimes of violence against the person was indeed (at 20 per cent) only two present less than the proportion of male prisoners. Fletcher (1975, in Carlen, 1998: 52) supports this view: ‘It is undoubtedly the case that the level of convictions of violence against the person has increased among women.’ However, he also points out that, ‘the female prison population has †¦ risen steeply whilst serious convictions have actually fallen’; suggesting that this may be due to longer sentences being served. As will be seen later, it is much more likely that it is the increase in more punitive sentencing for trivial crimes that is more likely to offer an explanation. It is possible that racism is the key to increases in the female prison population, as the Home Office (1997) points out: In June 1996, there were 10,200 people from ethnic minorities in Prison Service establishments. Ethnic minorities accounted for 18percent of the male prison population and 24 per cent of the female population compared with 6 per cent of the male and female populations of England and Wales (From Carlen, 1998: 54). However, there may be other reasons underlying these numbers, and it’s impossible to disentangle issues of race, gender, and other forms of inequality. Unfortunately there is no time here to consider all the concerns that this issue deserves, except to say that it may be contributory factor to the increased numbers of imprisoned women, but this view is highly contentious. Carlen (1998: 54) suggests that when women are being considered for tougher sentence rather than a milder sentence, they may be escalated up the tariff towards the custodial end more quickly than a male purely because the range of non-custodial facilities for women is narrower. However, although all these concepts will serve in some way to increase the numbers of female offenders serving custodial sentences, the most likely and supported factor is the economic and social status of women: †¦ despite exaggerated claims about increasingly violent and addiction driven female offenders, it appears that there is consensus amongst most analysts and commentators that the steep increases in the numbers of women received into British Prisons in the1990’s can best be explained by the increased numbers of women in the social categories of economic need and social deprivation who have traditionally been more vulnerable to imprisonment, and by the increased punitiveness of the courts towards female offenders in general. (Carlen, 1998: 56) (4) Reasons Against Imprisoning Women The Feminist Response In looking at the feminist response to criminal justice for women, firstly it is important to look at the general models of punishment that exist today. Fox (2000: 51) points out that traditionally there are three main theories of punishment – retribution, deterrence and rehabilitation. The retribution model is concerned with the notion of vengeance, and balancing the punishment with the level of harm inflicted on the victim. Advocates of this ‘just desert’ approach(Clarkson and Keating ) claim that it ensures proportionality between crime and punishment, promises limited punishment, helps reduce sentencing disparity and protects rights by restoring due process. However this approach is open to criticism due to its lack of consideration of individual factors such as poverty, unemployment, inequality and gender, assuming that every individual is an autonomous member of society. Similarly, the deterrence model focuses on rational autonomous action through its aim of discouraging crime through the threat and example of punishment, which like the latter model does not take into account individual differences, including the responsibility held by criminals. Fox (2000: 53) suggests that the rehabilitation model appears more promising from a feminist perspective as it aims to secure conformity through inner positive motivation on the part of the individual(Clarkson and Keating ) and its focus on understanding rather than condemning the offender, through treatment. Although it has been debated as to whether this model can be characterised as punishment, but as Fox recognises, ‘treatment oriented approaches can involve punitive interventions under the guise of treatment’. The criticism of this approach is similar to that of incapacitation theory whish aims for protective sentencing. By imposing longer or more severe punishments thee criminal may become unable to commit more crimes. Fox discusses that because of the special privations which prison sentences may inflict on female prisoners, it this may have greater impact on women. Therefore it is suggested that a new rationale for punishment that differs from the traditional frameworks to encompass gender differences is needed. Howe takes the view that the definition of punishment needs to be expanded to incorporate broader social control mechanisms, son that it, ‘enables us to forge links between two critical projects: the masculinise one, of analysing the emergence of punishment regimes in the context of the States power to punish, and the feminist one, of mapping the differential impact of disciplinary power on lived female bodies.’(Howe, 1994, see footnote 5). This focus on the body as a means of criticising models of punishment is typical of some writers, for example, Wait who argues that the body is a vehicle for control, in regards to examples such as electronic tagging, the forced separation of parents from children and spouses from each other, as well as community service and probation orders that require the body to work in particular ways, he comments that: The pain inflicted upon it may be less direct, the mark it makes and traces leaves less visible; but the exercise of coercive discipline over the body and a recognition of the anguish it is capable of experiencing are still at the heart of punishment’(Wait, 1996, from Fox, 2000: 58). Fox puts forward that this can apply to other types of punishment too, namely, forced treatment for drug and alcohol dependency and the use of boot camps, chain gangs and capital punishment in the US. Focus on the body, she suggests, can make the diverse ways in which women are placed under surveillance, disciplined and punished more apparent, and that practices such as imprisoning pregnant women, handcuffing labouring women, separating mothers from their children and strip searching tend to force people to confront the reality of punishment. As can be seen a focus on the body can take forward feminist perspectives in its struggle against the patriarchal nature of the State’s criminal justice system. Although greater numbers of women continue to receive custodial sentences, proportionally more women offenders in both the US and Receive probation, or absolute or conditional charges. Pat Carlen(1985, quoted in Fox, 2000: 60) puts forward a potential reason for this: ‘†¦the majority of women †¦ in trouble are much more likely to be in receipt of medical, psychiatric or welfare regulation than caught up in the machinery of criminal justice, which accounts for the court’s readiness to require social and medical reports for female offenders, particularly where the offence is unnatural or violent’ The Specific Needs of Women This section will outline some of the identified needs of female offenders focussing on those needs associated with family and mental health issues. Family It could be argued that women’s identity as mothers is critical in sentencing practice. Fox (2000:62) argues that those women who conform to the traditional stereotype as mothers can more easily avoid being labelled as criminal, whilst conversely, women who do not conform to this stereotype compare unfavourably, and women who are judged to fails wives or mothers, such as young single women who commit offences as members as gangs, for example, are treated relatively harshly. This highlights how gender roles can have an effect on criminal procedure in general, and sentencing. The Home Office report offered by Lederman and Gels Thorpe confirm that this is the case, reporting that the degree to which a female offender conforms to traditional gender roles, especially regarding her marital status, is the most influential factoring how she is regarded by the courts. Therefore it seems that the discrimination faced by women in society carries over to the criminal justice system. Carlen (1998: 74) in her study looked at the different experience of women in prison compared to that of their male counter parts. She found that the most resounding response related to women’s role within the family both in terms of ideology and function. This was described mostly in terms of women’s role as mothers, although, also included their roles of primary care-giver to other family members, including the dependency that men had upon them. For example, male staff recognised that a powerful mix of biological ties, emotional bonds and family ideologies can affect a woman’s prison experience (Carlen, 1998:74). One respondent in particular commented that, in 99 per cent of cases when a man comes to prison he has the knowledge that his children are being looked after and the rent will be paid by the DSS, however women tend to lose their homes, and often their children to foster care. Another commented that the females have a closer bond to their children and it affects them far more. In regards to remand, one respondent suggested that, ‘If a woman has a baby while she is on remand in custody, social services will be contacted and the baby would be taken off her. She’s being denied the right to bond with that baby at such a vital stage†¦ Another problem that we have is that if they are sentenced we initiate the procedure for applying for a Mother and Baby Unit, but there are not enough mother and baby spaces for them to go to.’ (A Prison Officer, from Carlen, 1998: 79) Contemporary Criminal Justice policies can have a detrimental impact on families, in terms of both the impact of a mother’s imprisonment on their children and the impact upon the mothers. With the striking increase in numbers of women serving custodial sentences the effect that this can have on the children that a proportion of these women have needs to be taken into consideration. Ideology that contends with the view that female offenders do not deserve privileges such as regular contact with their children has a lack of regard of the fact that this also penalizes the children, Clarke (1995) refers to these children as the ‘unseen victims of a mother’s incarceration’. Although removing a child from the criminality associated with their mothers is often considered to be in the best interests of the child, this removals harmful in itself. Snyder-Joy and Carlo (1998), in their review of some of the research carried out that look at the effects of the child, found that incarcerating mothers may produce serious negative effects for the children. They found that the forcible separation and lack of close contact between mother and child may cause psychological and behavioural problems for the children, such as aggression, poor school performance, attention deficit, anger, poor social skills, depression, and sleep disruptions. In addition to this, children of incarcerated parents area risk of also ending up in the criminal justice system. In fact, Barnhill and Dresser’s 1991 research notes that, ‘children of inmates are five to six times more likely than their peers to become incarcerated themselves’ (Snyder-Joy and Carlo, 1998: 132). It can be hard to ascertain whether it is the actual imprisonment of mothers that has these effects, rather than say, the economic and social factors that may also affect their mothers, or the general way in which they have been brought up, however the research findings should not be disregarded and the potential effects of custodial sentences of mothers on children should certainly be considered when debating women’s imprisonment. Gabel (1992, taken from Snyder-Joy and Carlo, 1998: 132) sums up this situation for some prisoners and their families: Separations †¦ are likely to have been preceded by family turmoil, conflict, and dysfunction in many cases relative to family functioning in intact families †¦ Many of these families and children are vulnerable even more to further problems and behavioural disorders subsequent tithe separation itself. The latter may increase social, financial, or personal difficulties with which already dysfunctional families cannot cope. As can be seen, the act of removing children from their mothers my produce social, personal and emotional problems for the child. In addition to this the problems that originate during the imprisonment of their mothers, and that may exist prior, will be further compounded if the relationship between mother and child is so damaged that the child may be looked after by the state after release. This in itself is associated with affecting the personal social and emotional development of children and where possible should be avoided where possible. The suggestions made later when alternatives to imprisonment are considered. Imprisonment has adverse effects on women who are mothers even beyond other considerations that have been made in this paper. It has been found that incarcerated mothers report depression, anxiety and fears about their children’s safety while they are apart, as well as feelings of guilt and inadequacy in addition to concerns about returning to the family structure that existed prior to imprisonment.(Snyder-Joy and Carlo, 1998: 135) Punishment is compounded for many female prisoners when they are separated from their children. The majority of incarcerated women are mothers – estimates range from 60-80%, and most of these women were providing the primary means of family support prior to imprisonment(research outlined by Dodge and Pogrebin, 2001), Rasche (2000) commented that the harshest single aspect of being imprisoned may bathe separation of mother and child. Mental Health The assumption that women are more likely to require psychological assessment is evident in the recommendations made by the Home Office, which urges sentences to pay particular attention to the treatment of female criminals. Feminists may argue that this emphasis serves to undermine women, for example Carlen and Worrall argue that the normal women’s body could be perceived as intrinsically ‘abnormal. Menstruation, pregnancy, childbirth and the menopause result in ‘hormone imbalance’ which suggests that the women may be imbalanced at these times (From Fox, 2002: 60). However it is argued that this disposition to consider female defendants as medically unsound underpins the trend towards a treatment approach for these women, rather than a custodial sentence which would be deemed as inappropriate for their needs. A further consideration of the mental health issues and needs of female offenders can be seen later. The Efficacy of Prison Carlen (1998: 102) found that overcrowding in prisons meant that the system was unable to care effectively for those inmates that pose special problems of need, danger and risk. In fact it was found that the general consensus of staff working in the prison service was that the most prisons can hope to achieve, due to the combination of overcrowding and increasingly restrictive security measures, was ‘damage limitation’ rather than equipping inmates to lead good and useful lives when they are discharged. (Carlen, 1998: 149) ‘†¦the incapacitation effect of current levels of imprisonment is not great †¦ A general increase in the use of imprisonment, either by increasing the proportion sentenced to custody, increasing the sentences imposed or increasing the proportion of the sentence that offenders spend in custody, would not affect crime levels by any substantial amount.’ (Tarring, 1993, quoted in Prison Reform Trust1993, in Carlen, 1998:151) The problem with arguing towards a reduction in custodial sentencing for female offenders is that it can be considered a sexist response that is discordant to the attempt of the criminal justice system to treat all equally, and encouraging women to be unlawful without fear of punitive sentence. However, supported by other researchers, Carlen offers a response to this question. She argues that: firstly, the economic, ideological and political conditions in which women break the law are different to those in which man commit crime; secondly, the logic of sentencing tends to be rooted in oppressive and outmoded assumptions about the ‘proper’ role of women in society; and thirdly, that women who appear before the courts usually will have been subject to informal and ‘anti-social’ controls (not suffered by their male counterparts) which would already have affected their opportunities for full citizenship, meaning they suffer a ‘double regulation’(Car len,1998: 153). Carlen recommends that unless women have committed very serious crimes, or pose a danger to public which means they must be incarcerated as a matter of public protection, no good can come from imprisoning women, ‘Almost certainly they will require help of some description – but always of a kind that no prison can provide. Imprisonment can only damage them further, and make them more likely to break the law in the future. (Carlen, 199: 153) In response to evidence and theories presented by researchers and academics the Government have stated that, ‘Imprisonment is not the most effective punishment for most crime. Custody should be reserved as punishment for very serious offences.’ (Home Office 1988, taken from Worrall, 1997: 28). However, as can be seen later, government policy has not always reflected this view. (5) Alternatives to Custodial Sentences for Female Offenders As can be seen from the theory and evidence put forward previously, there is increasing support for the majority of custodial sentences for female offenders to be replaced with an alternative method of punishment or control. Alternatives to imprisonment may also supply a better medium for therapeutic intervention than the current prison system. The Howard League for Penal Reform leads the way in alternative thinking in the Criminal Justice System: The Howard League for Penal Reform is today recommending that prison custody for women should be virtually abolished so that only those women who are convicted of serious and violent offences and who represent a continuing danger to the public should be held in custody. For other women offenders community based interventions that make amends for the wrong done and encourage women to change their lives offer the best change of creating a safer society. (Frances Cooke, Speaker for The Howard League, 2005). In the main, alternatives to custodial sentences involve a type of community punishment, in the form of probation, fines, and electronic tagging, for example, or specialist units. Some examples of these alternatives, and their use for female offenders, will be looked at in this chapter. Firstly, though it is important to identify the main barriers to community punishment alternatives, in order to gain a better understanding of the more specific sentences. Worrall identifies many obstacles to community punishment (1997: 13).Firstly she identifies the obstacle of public and media perception that imprisonment is the only way to punish people accordingly, with other punishments viewed as inferior. Secondly, there is the obstacle of ‘unfair’ or inconsistent sentencing, in that community sentences tend to be reserved for those who can pay, or deemed to be able to benefit from supervision which leaves certain disadvantaged groups in prison. Thirdly, there is the concept of ‘net-widening’ based on the assumption that alternatives to custody will, rather than defer offenders form prison, draw more people into the criminal justice system that may otherwise have been diverted to another agency. Fourthly, is the problem of enforcement, it is much easier not to comply with on-custodial sentences, and some believe that without the backup of threats of incarceration, community alternatives are not viable. However, despite these drawbacks it is important to consider the benefits of using alternatives to custody. Electronic Monitoring Sections 12 and 13 of the Criminal Justice Act (1991) introduced electronic tagging as a method of supervision and control and could offer a valuable commodity in the criminal justice system. However, electronic tagging systems have had a quite a number of starting up problems, and in some cases offenders under this system have requested to be put into custody as this was deemed preferable, despite Tom Stacey, founder of the Offenders Tag Association suggesting that opposition to tagging was based on wilful ignorance of the appalling nature of prison conditions (Worrall, 1997: 31). The tagging system was criticised for leaving families with very little income due to the restraints upon offenders, and for malfunctioning. According to the Prison Reform Trust (1990) by January 1990, only 46 defendants had been tagged on contracts which cost the tax payer  £564,706. Of these 24 had breached the conditions of their bail, been arrested for further offences, or absconded (Worrall, 1997: 3 2). However, if these problems can be overcome and the system used effectively, electronic monitoring may be recognised as a flexible and cost effective alternative to prison, which may be appropriate for female offenders who have been convicted of less serious, less violent and less harmful crimes. It could provide for effective monitoring and control, whilst being used alongside a programme of support and will allow for family and social ties to be retained to a greater degree than imprisonment Special Units for female offenders who are mothers As can be seen in previous chapters a need for specialist provision for female offenders with children is widely supported. In many cases affine, probation, or a curfew order, monitored by electronic tagging, for example, may be appropriate, however specialist units may also be successful in overcoming some of the problems associated with incarcerating mothers. These would supply an opportunity for female offenders to be punished and monitored without the separation of children from their mothers, whilst also providing supp