Wednesday, February 26, 2020

Jurisprudence Research Project Paper Example | Topics and Well Written Essays - 1750 words

Jurisprudence Project - Research Paper Example This essay covers the criminal perspective of jurisprudence focusing on a murder case and the death penalty. Historical development of capital punishment The death penalty came up after (18) eighteen years failure to execute convicts, arising from the Supreme Court’s moratorium as issued in the case of Furman v. Georgia 408 U.S 238 (1972) (Burton, 2007) where the learned justice held death penalty to be cruel and discriminatory applied to the poor, Negros and low class people. Thereafter, the supreme court reinstated the death penalty by imposing the death penalty, the case law of Gregg v. Georgia 428 U.S. 153 (1976) (Burton, 2007). In New York Court of Appeal in the case of People v. Davis 43, N.Y.2d 17 (1977) ruled that the death penalty violated the Eighth Amendment on Human rights this followed that, in the subsequent years, New York Legislature passed new capital punishment statutes every year only to be abolished by the ruling governors. Later in 1994 a governor who promised to bring back the capital punishment got elected to represent New York, after which the 1995 death penalty statute got passed, this saw many prosecutors oppose capital punishment as a mechanism of deterring violent crimes (Burton, 2007). Some declared never to infer death penalty. The people started challenging death penalty until the Court of Appeal in the case of People v. Lavalle 3 N.Y.3d 88 (2004) ruled that at the close of a penalty trial, the clause the judge should inform the jury that on failing to agree on the punishment, then death imprisonment would be effected, violated New York Constitution (Melvin, 1992). Despite the ruling in Lavalle’s case above, the prosecutor in the case of John Taylor continued pursuing the death penalty that the jury had not agreed on the punishment (Betty, 1995). The defense objected on the constitutionality of this provision on the jury’s agreement.

Monday, February 10, 2020

Social policy Case Study Assignment Example | Topics and Well Written Essays - 1500 words

Social policy Case Study - Assignment Example They can seek help from programmes or organisations such as Childline, Sane, Supporting people, Refugee council, The Children's society, Housemate, NCH, De Paul Trust, Crisis, Scottish Churches Housing Action etc.that are specifically dealing with problems like those of Jake's. These social work organisations do help people as much as possible but after a point, they find difficult to move further as different policies prove to be a setback to their efforts of improvement. The current white paper that propagates the idea of 'valuing people' is the first of its kind since the last 30 years. So it is quiet evident that not much has been done for the improvement of this sector in the past. According to Department of Health the programs for improving services are based on the key principals; civil rights, independence, choice and inclusion. It stated, "Valuing people takes a life-long approach beginning with an integrated approach to services for disabled children and their families and then providing new opportunities for a full and purposeful adult life." (para.3) From this it appears that all are welcome for support and assistance but if we study the white paper in detail some other facts come into light. The National Austic Society has rightly pointed after observing the definition of 'Valuing people' that "the definition goes on to say that IQ below 70 is not in itself a sufficient reason for deciding whether an individual requires support. An assess ment of social functioning and communication skills should also be taken into account when determining need." (para.7) So the discussed white paper brings both; a ray of hope and a situation of dilemma to people like Jake. All this affects the social work professionals' attitudes too. The Independent Living Bill of disabled persons states that the disabled people are equal in freedom, choice, dignity and control to others and have the right to assistance and support. This automatically implies that Jake and his family can expect an independent and decent life for him. The current white paper also has set an objective to provide choices of housing to people like Jake so that they can live independently. According to Twigg, NHS and the Community Care Act 1990, "established the current arrangements for community care, introducing care management and according primary responsibility for community care-lead agency status-to social services." (1999, p.370). Sadly the housing policy is not aimed at those who need it badly. The housing policy that greatly follows the key legislation like the 1972 Housing Finance Act, 1977 Homeless Act, and 1996 Housing Act etc. is not completely a social policy. Of late it has taken a social character, which does not enable the social workers to fully utilize it for the betterment of the needy. Still the social policy is an indicator for the social workers to decide upon their plan of action. (Pahl, 1999, p.173) stated: 'social policy is now beginning to recognize the contribution which carers make to individualsThe National Health Service and