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Wednesday, August 26, 2020
The Three Strikes Law Essay Example
The Three Strikes Law Essay Example The Three Strikes Law Paper The Three Strikes Law Paper For the accompanying BAD Key Assignment Draft, I will examine my considerations on the three strikes laws, necessities, and the Ewing v. California case in accordance with the three strikes law. Next, a couple of considerations on how the open feels about violations, both rough and peaceful, compulsory condemning, and the watchfulness that investigators have during the condemning procedure, will be talked about in detail. Following will be my musings in regards to the situation for re-appointment and how it relates to the lawful framework today, alongside building up a strategy depicting choices, insurances against load up charges, and utilizing different means one episode. I will close with contemplations on how I may have the option to persuade and convince general society into understanding financially savvy choices for mediation which may incorporate utilizing probation condemning rather than imprisonment rehearses alongside a potential kickback issues. The three Strikes and Youre out Rule of 1994 There are numerous states that have embraced some variety of the three strikes law as an arrangement for settling reactivating lawbreakers and keeping in mind that the law sounds convenient and to the greatest advantage of general society, there are numerous issues that have cover strategy can have its defeats. This exploration paper will additionally research options in contrast to imprisonment, particularly when the third strike is a peaceful wrongdoing. Further, it is significant that general society be made mindful of the costs, choices, and approaches that ought to be instituted for elective condemning just as instances of assurances against cruel burden up charges and request deal plans and prosecutorial benefit for progressively altruistic condemning. I will finish up with depicting an arrangement that I would form and put enthusiastically in regards to assurances against such brutal decisions which would incorporate option condemning techniques, and explanations behind utilizing said methods which will incorporate money related reserve funds, decreases in worker hours and labor, and the general diminished requirement for made sure about jail offices, just as straightforwardness and responsibility for actualizing this approach. What the vast majority dont know is that the Three Strikes Rule didnt start in California, it really was first passed in the territory of Washington in 1993 and its principles ere significantly harsher that Californians were. Washington State received the measure and if an individual was indicted under the command, they were condemned to existence without the chance of parole, though, Californians three strikes law sentences a person to 25 years to life. That was a major distinction. (La Course, 1997) Ewing v. California: A Brief History In March of 2000, Mr.. Gary Ewing was captured for taking three Galloway golf clubs from a golf shop in El Segundo, California worth an aggregate of $1197. 00 which made it a lawful offense. He was later attempted and seen as blameworthy of excellent burglary by a Jury of his companions. This tragically for Mr.. Ewing, was his third strike and he was condemned to 25 years to life, the stiffest discipline he could get which was likewise a required sentence under the California Three Strikes Law. Mr.. Ewing bid right to the Supreme Court yet because of his extremely bustling criminal past, he lost. (Chiders Hobnobs, 2002) When a case is advanced, as in Mr.. Ewing case, different instances of like offenses and condemning are taken a gander at to check whether any kind of inconsistency or predisposition can be found. The cases e. G. Harelip v. Michigan, 501 U. S. 57 (1991), Soles v. Rudder, 463 U. S. 277(1983), and Rumen v. Estelle, 445 U. S. 263 (1980), that were chosen to be a piece of the survey procedure for Mr.. Ewing case were comparative yet upon survey, Mr.. Ewing was seen as substantially more fierce in his general degree, e. G. Lawful offenses and earlier offenses which incorporated the utilization of weapons, and along these lines, his here strikes sentence wa s maintained. (Ewing v. California, 2002) The Three Strikes and Youre Out Policy 1 . For this task, I will be building up an arrangement with respect to the three strikes laws in the State of California. . The arrangement as it stands today: Californians Three Strikes condemning law was initially ordered in 1994. The embodiment of the Three Strikes law was to require a litigant indicted for any new lawful offense, having endured one earlier conviction of a genuine lawful offense to be condemned to state jail for double the term in any case accommodated the wrongdoing. In the event that the litigant was indicted for any crime with at least two earlier strikes, the law commanded a state jail term of at any rate 25 years to life. On November 6, 2012 the voters endorsed Proposition 36 which significantly revised the law with two essential arrangements: The necessities for condemning a respondent as a third strike guilty party were changed to r progressively earlier strikes to fit the bill for the multi year-to-life sentence as a third strike wrongdoer; and the expansion of a methods by which assigned litigants right now carrying out a third strike punishment may appeal to the court for decrease of their term to a subsequent strike sentence, on the off chance that they would have been qualified for second strike condemning under the new law. The thinking or motivation behind the three-strikes law was to guarantee longer jail sentences for recurrent guilty parties using required least sentences for recidivists with earlier crime feelings. This law came to fruition through he exceptionally advanced Poly Class situation where a multi year old young lady was unmitigatedly taken from her home directly before her companions that were at her home for a sleepover. The open clamor was solid to the point that California structured, pushed through the lawful framework and marked into law, the Three Strikes and Youre Out law that sent an unmistakable and exact message to any one that carried out rough violations. Be that as it may, other, less brutal guilty parties, were trapped in the net too. 2. What options would be set in the law to give the state investigator more opportunity to control the third strike? A. Potential choices The District Attorneys optional position to exclude a third (Strike a Strike) in the event that it isnt rough endless supply of the wrongdoers past. The multi year to life condemning methodology would be founded on the last or current strike (Currently in power) Mandatory utilization of the proportionality rule during condemning Offenders presently carrying out an actual existence punishment for the three strikes law will have the chance to have their condemned checked on 3. Numerous investigators load up charges against litigants to drive a request deal. What should be possible to constrain or forestall this training? . How does this occur? A Prosecutor Loads-Up charges against an individual(s) by taking one episode and making different charges from a similar occurrence. A model would be: a speculate drives a vehicle inebriated and collides with another vehicle, executing the driver. At the point when he/she is captured and arrested, the investigator strolls into the room and says,Mr.. Jones, You have an issue. The vehicle you hit was totaled and we have Just discovered that the driver was DOD at the clinic. You have priors for Duds are you were right now driving on a suspended permit. To aggravate matter, your blood liquor level was double as far as possible and when we tried you, we discovered hints of meet. What would you like to do? We can go to preliminary where no doubt your will be seen as blameworthy of first degree murder, driving on a suspended permit, and driving affected by liquor and meet. Be that as it may, on the grounds that you have 2 earlier lawful offenses for illicit dispersion and furnished burglary of an alcohol store 8 years back, California has a required three strikes rule for 25 to life and you are taking a gander at it. What I propose is a request deal and I would emphatically recommend that you take it. b. What should be possible to forestall this chance? Enactment has as of late pot into law, guidelines to help with this circumstance but since examiners have a s pecific measure of tact with regards to squeezing charges it is as yet troublesome not to fall under the prosecutorial hammer. My proposition is utilize the new guideline or prerequisite for surveying the third strike to regulate the three strikes law and take all or part of the insurances of the 11 Amendment insusceptibility provision away NAS well as make lawyers (and Judges) certain measure of resistance when managing suspects however I dont feel that the thought cap police can lie and examiners can exaggerate charges Just to alarm individuals into request haggling, was what the establishing fathers had as a main priority when they made our legal framework. I feel that each individual, paying little heed to age, race, shading, or instructive foundation, ought to have the advantages of the assurances of the law and that the law should regard the individual and not play grimy undermining pool. Making investigators at risk for their activities farther than proof social occasion (poison tree, and so forth ), well as making it the law that an individual must be accused of the most blunders wrongdoing submitted at once, will slow down the heap up rehearses that are so completely utilized today. Supplication deals have been more savvy in regards to the court since they have brought down or even get rid of expensive court strategies yet they have additionally cause an ascent in jail costs in light of the fact that most requests end with time waiting be served, regardless of whether the people are set in offices around evening time yet permitted to work during the day or put in offices for a specific time allotment. Burden up rehearses do get prosecutorial results yet startling individuals into affirmation isnt the way. (Warren, 2014) 4. Will your arrangement permit numerous checks emerging from a similar episode to consider various strikes? The appropriate response is no. I accept that wrongdoing, much like whatever else, has a specific level of the domino impact. Individuals commit errors, in some cases serious mix-ups however the law ought to show a specific level of benevolence in any event, when the wrongdoer doesnt. The Jud
Saturday, August 22, 2020
Harsh Punishment Backfires in Prison, Researcher Says
Cruel Punishment Backfires in Prison, Researcher Says Right now, the U.S. drives the world in the pace of imprisonment. The present numbers show that 612 individuals for each 100,000 occupants age 18 or more seasoned are imprisoned.â As indicated by some criminal equity specialists, the present jail framework puts an excessive amount of accentuation on brutal discipline and insufficient on restoration and it just doesn't work. The present framework just gives a rearing ground to increasingly forceful and savage conduct, as per Joel Dvoskin, PhD of the University of Arizona and creator of Applying Social Science to Reduce Violent Offending. Animosity Breeds Aggression Jail conditions are loaded with forceful practices, and individuals gain from watching others acting forcefully to get what they need, Dvoskin said. It is his conviction that conduct alteration and social learning standards can work inside jail similarly as they do outside. Sureness versus Seriousness of Punishment In criminological research performed by Valerie Wright, Ph.D., Research Analyst at The Sentencing Project, it was resolved that sureness of discipline, as opposed to the seriousness of discipline is bound to discourage criminal conduct. For instance, if a city declares that police will be marching through main street searching for alcoholic drivers during a vacation end of the week, it would almost certainly expand the quantity of individuals who choose not to chance driving drunk. Seriousness of discipline endeavors to frighten potential lawbreakers in light of the fact that the discipline that they could get does not merit the hazard. This is the bases behind why states have embraced the intense approaches, for example, Three Strikes.â The idea driving extreme disciplines expect that the criminal is sufficiently sane to weigh out the results before carrying out the crime.â In any case, as Wright calls attention to, since half of the hoodlums that are secured up U.S. detainment facilities were flushed or high on drugs at the hour of the offense, it is impossible that they had the psychological ability to sensibly asses the results of their activities. Lamentably, in view of a deficiency of police for each capita and jail stuffing, most wrongdoings don't bring about capture or criminal imprisonment. Plainly, upgrading the seriousness of discipline will have little effect on individuals who don't accept they will be secured for their activities. says Wright. Do Longer Sentences Improve Public Safety? Studies have demonstrated that more drawn out sentences bring about higher paces of recidivism. As per Wright, aggregated information of 50 examinations returning the extent that 1958 on a sum of 336,052 wrongdoers with different criminal offenses and foundation indicated the accompanying: Guilty parties who arrived at the midpoint of 30 months in jail had a recidivism pace of 29 percent. Wrongdoers who found the middle value of 12.9 months in jail had a recidivism pace of 26 percent. The Bureau of Justice Statistics did an investigation following 404,638 detainees in 30 states after their discharge from jail in 2005. The specialists found that: Inside three years of discharge, around 66% (67.8 percent) of discharged detainees were rearrested.Within five years of discharge, around seventy five percent (76.6 percent) of discharged detainees were rearrested.Of those detainees who were rearrested, the greater part (56.7 percent) were captured before the finish of the principal year. The examination group conjectures that despite the fact that wrongdoer administrations and projects may directly affect desistance, people must conclude autonomously to change themselves into ex-guilty parties. In any case, the numbers do bolster Wrights contention that more drawn out sentences bring about higher paces of recidivism. Reaccessing the Economics of Current Crime Policies Both Wright and Dvoskin concur that the present cash spent on detainment has depleted important assets and has not been viable in making networks more secure. Wright focuses to an examination done in 2006 that looked at the expense of network medicate treatment programs versus the expense of detaining drug wrongdoers. As indicated by the investigation, a dollar spent on treatment in jail yields around six dollars of reserve funds, while a dollar spent in network based treatment yields almost $20 in costs reserve funds. Wright appraises that an investment funds $16.9 billion every year could be spared by a 50 percent decrease in the quantity of imprisoned peaceful guilty parties. Dvoskin feels that the rising jail populace with the comparing absence of increment in jail staff has diminished the capacity of jail frameworks to regulate work programs that permit detainees to construct skills.â This makes it extremely hard to reappear into the non military personnel world and improves the probability of returning to jail, Dvoskin said. Accordingly, the need ought to be put on diminishing jail populaces, he stated: This should be possible by giving more consideration to those with the most noteworthy danger of brutal conduct as opposed to concentrating on lesser wrongdoings, for example, minor medication offenses. End By lessening the quantity of peaceful detainees, it would let loose the vital cash to put resources into identifying criminal conduct which would expand the assurance of discipline and furthermore take into consideration increasingly powerful projects that could help in decreasing recidivism. Source: Workshop: Using Social Science to Prevent Violent Crime, Joel A. Dvoskin, PhD, University of Arizona College of Medicine Saturday, Aug. 8, Metro Toronto Convention Center. Discouragement in Criminal Justice, Valerie Wright, Ph.D., The Sentencing Project.
Wednesday, August 19, 2020
An Overview of Memory and How it Works
An Overview of Memory and How it Works Have you ever wondered how you manage to remember information for a test? The ability to create new memories, store them for periods of time, and recall them when they are needed allows us to learn and interact with the world around us. Consider for a moment how many times a day you rely on your memory to help you function, from remembering how to use your computer to recollecting your password to log-in to your online bank account. The study of human memory has been a subject of science and philosophy for thousands of years and has become one of the major topics of interest within cognitive psychology. But what exactly is memory? How are memories formed? The following overview offers a brief look at what memory is, how it works, and how it is organized. What Is Memory? What exactly is a memory? Essentially, memory is a complex process that involves acquiring, storing, and recalling information. Not all memories are the same, however. Defining Memory Memory refers to the processes that are used to acquire, store, retain, and later retrieve information. There are three major processes involved in memory: encoding, storage, and retrieval. Human memory involves the ability to both preserve and recover information we have learned or experienced. As we all know, however, this is not a flawless process. Sometimes we forget or misremember things. Sometimes things are not properly encoded in memory in the first place. Memory problems can range from minor annoyances like forgetting where you left your car keys to major diseases that affect the quality of life and the ability to function. How Are Memories Formed? In order to form new memories, information must be changed into a usable form, which occurs through the process known as encoding. Once the information has been successfully encoded, it must be stored in memory for later use. Much of this stored memory lies outside of our awareness most of the time, except when we actually need to use it. The retrieval process allows us to bring stored memories into conscious awareness. How Long Do Memories Last? Some memories are very brief, just seconds long, and allow us to take in sensory information about the world around us. Short-term memories are a bit longer and last about 20 to 30 seconds. These memories mostly consist of the information we are currently focusing on and thinking about. Finally, some memories are capable of enduring much longer, last days, weeks, months, or even decades. Most of these long-term memories lie outside of our immediate awareness, but we can draw them into consciousness when they are needed. Using Memory To use the information that has been encoded into memory, it first has to be retrieved. There are many factors that can influence how memories are retrieved such as the type of information being used and the retrieval cues that are present. Of course, this process is not always perfect. Have you ever felt like you had the answer to a question right at the tip of your tongue, but you couldnât quite remember it? This is an example of a perplexing memory retrieval problem known as lethologica or the tip-of-the-tongue phenomenon. Discover the basics of memory retrieval as well as possible problems with this process in this overview of how memories are retrieved. The Stage Model of Memory While several different models of memory have been proposed, the stage model of memory is often used to explain the basic structure and function of memory. Initially proposed in 1968 by Atkinson and Shiffrin, this theory outlines three separate stages of memory: sensory memory, short-term memory, and long-term memory. Sensory memory is the earliest stage of memory. During this stage, sensory information from the environment is stored for a very brief period of time, generally for no longer than a half-second for visual information and 3 or 4 seconds for auditory information. We attend to only certain aspects of this sensory memory, allowing some of this information to pass into the next stage - short-term memory.Short-term memory, also known as active memory, is the information we are currently aware of or thinking about. In Freudian psychology, this memory would be referred to as the conscious mind. Paying attention to sensory memories generates information in short-term memory. Most of the information stored in active memory will be kept for approximately 20 to 30 seconds. While many of our short-term memories are quickly forgotten, attending to this information allows it to continue to the next stage - long-term memory.Long-term memory refers to the continuing storage of information. In Freudia n psychology, long-term memory would be called the preconscious and unconscious. This information is largely outside of our awareness but can be called into working memory to be used when needed. Some of this information is fairly easy to recall, while other memories are much more difficult to access. The Organization of Memory The ability to access and retrieve information from long-term memory allows us to actually use these memories to make decisions, interact with others, and solve problems. But how is information organized in memory? The specific way information is organized in long-term memory is not well understood, but researchers do know that these memories are arranged in groups. Clustering is used to organize related information into groups. Information that is categorized becomes easier to remember and recall. For example, consider the following group of words: Desk, apple, bookshelf, red, plum, table, green, pineapple, purple, chair, peach, yellow Spend a few seconds reading them, then look away and try to recall and list these words. How did you group the words when you listed them? Most people will list using three different categories: color, furniture, and fruit. One way of thinking about memory organization is known as the semantic network model. This model suggests that certain triggers activate associated memories. A memory of a specific place might activate memories about related things that have occurred in that location. For example, thinking about a particular campus building might trigger memories of attending classes, studying, and socializing with peers. When Memory Fails Forgetting is a surprisingly common event. Just consider how often you forget someoneâs name or overlooked an important appointment. Forgetting can happen for a number of reasons including a failure to retrieve the information from long-term memory. Research has shown that one of the critical factors that influence memory failure is time. Information is often quickly forgotten, particularly if people do not actively review and rehearse the information. Learn more about why this happens and discover some of the research into how and why memory fails. Why We Forget Why do we forget information we have learned in the past? There are four basic explanations for why forgetting occurs: retrieval failure, interference, failure to store and motivated forgetting. Sometimes information is simply lost from memory and in other cases, it was never stored correctly in the first place. Sometimes memories compete with one another, making it difficult to remember certain information. In still other instances, people actively try to forget things that they simply donât want to remember. Boosting Memory No matter how great your memory is, there are probably a few things you can do to make it even better. Fortunately, cognitive psychologists have discovered a number of techniques that can help improve memory. A Word From Verywell Human memory is a complex process that researchers are still trying to better understand. Our memories make us who we are, yet the process is not perfect. While we are capable of remembering an astonishing amount of information, we are also susceptible to mistakes and errors.
Sunday, May 24, 2020
The Early Pioneers Of Development Theories With Modern...
Lillian Siegler W1 Assignment 3 Human Growth and Development PSY2022 SO2 Lisa Voorhees 11/05/2016 Freud, Erickson and Piaget are some of the early pioneers of development theories with modern psychology. Sigmund Freud is a Austrian neurologist who is known for his theories and techniques with psychoanalysis. Erick Erikson is a German who was born in America and was best known for developmental psychologist and psychoanalyst for his theory based on psychosocial development within humans. Jean Piaget came from Switzerland where he studied child psychology and came to identify four stages of child development. Their work has greatly influenced psychology as a field as well as personality development studies. Freud, Erickson, and Piaget had many source of research, contributions to child development, there were many differences and similarities with their theories and the significance it had later for child development. Sigmund Freud developed over his career several theories that focused on psychosexual development and psychodynamic theory which is the study if personality through c onscious and unconscious. Freuds argument was that conscious and unconscious often conflicted with one another and that life has an agreement involving the dynamic balance of different forces. Freud researched and produced that there were three different minds which included psychological aspect inheritance and present birth, the ego that provides direction when in the environment, and theShow MoreRelatedFreud, Adler and Jung: Founders of Psychoanalytic Research Essay1645 Words à |à 7 PagesMichelle Willis Introduction: There are three well-known influential thinkers who are considered to be pioneers in the field of psychology. It could be argued that without â⬠¦., the emergence of psychology as we know it might not have ever happened, at least in its present form. 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Wednesday, May 13, 2020
Corporate Social Responsibility And The Garment Industry
Part 5 (12%): Address the global garment industryââ¬â¢s record in terms of: 1. Corporate Social Responsibility (the concept); 2. Corporate Social Responsiveness (in practice); 3. Corporate Social Performance (auditing, reporting, communication). Corporate Social Responsibility and the Global Garment Industry Through Corporate Socially Responsibility, a company voluntarily operates the corporation economically, legally, ethically, and philanthropically. The organization makes sure that each employee is critical and running operations morally. Most companies that operate in this manner tend to be quite successful because if the company were to manage irresponsibly, it would affect the business tremendously. Engaging in Corporately Socialâ⬠¦show more contentâ⬠¦They have much likely paid their workers less than minimum wage, and made profit for different companies because they do not have to pay the $11.25 per worker like they have to in North America for over 1000 workers. Which is why, garment industries have to be economically aware if this is fair for the worker and if it wont effect their companyââ¬â¢s reputation. (http://www.ide.go.jp/English/Publish/Download/Report/2011/pdf/410_ch3.pdf) Legal responsibility obligates the organization to follow certain rules and regulations of the countries current governing system (Crane Matten, 2010). For every company, they have to follow the rule of the governing country. Usually the garment industry, their main concern is child labour. Despite the promises the retailers made to improve conditions after the Rana Plaza, where 1,130 people had passed away, young 13 year old children work up to 11 hours a day, and are kicked, slapped, and hit with a used fabric roll as well as abused with verbal threats and insults. (http://www.theguardian.com/world/2014/feb/06/bangladesh-garment-factories-child-labour-uk). As you can see companies only really care about the profits though child labour is illegal; but in Bangladesh since it isnââ¬â¢t, companies do to this under the table, in order to maintain profits. Therefore, most companies do not deal
Wednesday, May 6, 2020
Chapter 27 History Quiz Free Essays
Megan Golden RDNG 4240-502 11-20 Assessment Idea Assessment is the ongoing, systematic collection of information on all students. Reading Assessment is one of the pillars of effective reading programs. Assessing reading skills can be very repetitive and can easily get boring. We will write a custom essay sample on Chapter 27 History Quiz or any similar topic only for you Order Now Many students dread to be tested especially the ones who struggle with reading. Finding new ways to assess students in reading will help not only you but more importantly the student. There are many different ideas in which you can assess a student in reading other than just by paper and pencil. There are many projects, games, and online software available. For my particular idea I chose to pick a game. I recently observed a classroom where the teacher used this particular game, and I realized how much the kids enjoyed the game while also learning. Dividing the class into a team to do a game is always a good idea because its take pressure off of weak readers. After dividing the class into two different teams, call on a student and hold up a flash card, then have the student pronounce the word. Make a tally mark each time the student pronounces the word correctly. By keeping up with who had more tally marks and rewarding the team who had more always helps encourage the children. Also while doing this activity, be sure to make note of any students who were struggling. By making these notes it will let you know which student needs assistance. How to cite Chapter 27 History Quiz, Essay examples
Tuesday, May 5, 2020
Legal - Ethical and Professional Issues in Nursing - Free Sample
Question: Discuss about the Legal and professional issues in Nursing and Ethics for Nurses Regulates the Code. Answer: Introduction Rules and regulation in relation to the profession of nursing have been developed to ensure best and ethical practices with respect to their operations. All nurses must comply with the legal and ethical code of conduct and incorporate best practices within their activities. The code of ethics acts as guideline which the nurses can refer to during situations which arise out of their daily work activities. the nurses must ensure that they work towards the best interest of the clients without any discrimination and obtaining appropriate consent. The paper discusses the legal and ethical issue which might arise out of the nurse-patient relationship between Taylah and Pam. The first ethical and legal issue with has been identified is that of providing quality nursing care. In this case the primary duty of Pam is to ensure that she works in the best interest of Taylah and explain their pros and cons of her sexual activities to her. The second issue which has been identified in this case is that of consent. Pam in this case according to the code 5 of the code of ethics for nurses in Australia has the duty of informed decision making. She must inform Taylah and take permission before inquiring about her sexual activities. failure to obtain informed consent can breach privacy laws. The third is which has been identified in privacy. As Taylah does not want her mother to known about her sexual activities Pam must keep the details about her sexual activities confidential. This has to be done by Pam referring to code 7 with deals with ethical management of information. The fourth issue which has been identified in this case is the issue of respect and kindness according to the second code of ethics. As Taylah has been subjected to bullying and has a very few friends it is the duty of Pam to treat her with increased kindness and respect. Kindness and respect also generate trust within the clients. The fifth issue which has been identified in this case is the issue of equity. Pam must not discriminate Taylah based on the assumption that she is a minor and is engaging in sexual activities. it is the duty of nurses to treat diverse people with quality. The sixth issue which has been identified in this case is safety. Pam must provide information to Taylah which are reliable and appropriate for her, she should not provide her any wrong information about contraceptive medications and sexual diseases. If any wrong advice is provided it would account to negligent misstatement. The seventh issue which has been identified in this case is the issue of fidelity. Pam must abide by all the promises she will make to Taylah with respect to the consultation process. Pam may be liable for breach of trust is she does not abide by the promises. In Australia, the Code of Ethics for Nurses regulates the Code of Professional Conduct for Nurses. According to the Code of Professional Conduct for nurses, the nurses are under legal obligation to treat the personal information of the patients as confidential information (Scanlon, 2016). Maintaining the private information of the patients as confidential is one of the most common ethical challenges that is faced by the health care professionals. When the patients consult health-care practitioners and share their personal and private information, they expect that the health care providers would keep their information as confidential and not share it without their permission. The Code of Ethics for Nurses in Australia requires the health care practitioners to respect the privacy of the personal information of the patients ensuring the safety and the health of the patients (Masters, 2015). The professional health care providers are required to maintain the ethical standards in their me dical practice. Legal and ethical issues Bioethics refers to questions regarding basic human rights such as right to life, right to good health and it deals with the fairness and unfairness in the medical developments, healthcare institutions, and healthcare providers. Bioethics lay emphasis on applied ethics and involves ethical questions related to hospitals, families, government and communities (Johnstone, 2015). There are four major ethical principles that are fundamental for comprehending the present ethical approach, in practice, in the healthcare institutions by the health care providers. Beauchamp and Childress have developed these principles and to resolve the ethical dilemmas. The four principles of Beauchamp and Childress are beneficence, non-maleficence, autonomy and justice. These principles have been developed with the intention to guide the health care professionals whenever they face any ethical dilemma related to treatment options and in order to apply the principles it is pertinent to know about the desire s and needs of the patients (Beauchamp, 2016). The Four principles of Bioethics The Principle of Autonomy refers to the principle of informed consent, which states that no patient shall be treated without the consent of the patient or his or her lawful representative. The health care providers must discuss with the patients about the treatment options that are available to them. A nurse and a patient share a fiduciary relationship, which requires the nurse to respect the authority of the patient to make decisions regarding treatment. A nurse is under legal obligation to provide the patient and his family with accurate information and consequences of the treatment to be undertaken (Chadwick Gallagher, 2016). The Principle of Beneficence requires the nurses and other health care providers to ensure that whatever treatment is provided to the patients, it is for the benefit and in the best interest of the patients. The Principle of Non-Maleficense requires the nurses and other health care providers to ensure that the treatment given to the patient will not cause any harm to the patient and must avert anything, which is not beneficial for the patient. While treating the patients, the healthcare providers must consider both the principles, provide the patients with appropriate treatment, and exercise standard of care, which is beneficial for the patients. If there is a conflict between these two principles, the Principle of Non- Maleficense must be applied to prevent the patient from undergoing any harm or damage. The Principle of Justice states that the healthcare providers must treat patients with similar health issues equally. For instance, if two patients requires similar medical need must be treated equally. Medical need is determined on the grounds of patients benefit, duration of such benefit, the urgency of the need and the quality of life of the patient. No patient shall be denied treatment on grounds of non-ability to pay and social status. Consent The Nurse is required to facilitate the autonomy of the patient, that is, to provide the patient with everything that is needed for the patient to make decisions about the treatment. Now, the statutory law and common law governs the legal framework in Australia, and Common law assumes that a patient has the capacity to refuse or to give consent to a treatment. However, a patient is capable to give consent only if he is competent to make decision regarding health; he is completely informed of the treatment and the patient has given the consent voluntarily. In Brightware Care Group (Inc) v Rossiter [2009] Supreme Court of Western Australia held that a person is capable of giving consent unless his incapacity is established. However, if the patient is incapable to give consent then the family member of the patient may make the decision. The healthcare providers must practice medicine in accordance with state, federal and territorial legislation and the code of ethical standards governin g the nurse practitioner practice. In Shaddock Associates v Parramatta City Council [1981] it was held that nurses are required to exercise reasonable skill and care while giving medical advice or information especially, when they are aware that the patient intends to rely or act upon such advice or information. Confidentiality When patients consult, health care providers they are often asked to share certain personal information regarding their medical history, present health conditions and other personal information. According to the ethical code for Nurses in Australia, the information shared by the patients with the nurses can be disclosed only with the consent of the patient or after receiving lawful authorization (Holloway Galvin, 2016). The Nurses are legally obligated to respect the confidentiality and privacy of the patients while ensuring that it does not affects their health (Bernoth et al., 2014). Breach of confidentiality However, if it is pertinent to disclose the information for obtaining medical opinion from other health care professionals and such disclosure is necessary for the benefit of the patients, a nurse must inform the patients about such disclosure. However, in Tarasoff v Regents of the University of California [1974] the court held that it is mandatory for the health professionals to warn individuals if they are likely to be harmed by protecting a patients confidentiality. Under such circumstances, the principles of justice and non-maleficense may be applied which states that if substantial harm is likely to be caused to an individual from maintaining the confidentiality of the patient, then the healthcare professionals must warn the individual and disclose the secret information. Application of the Principles in the scenario In the mentioned scenario, when Taylah Parker became sexually active she was encouraged by her school to contact and consult a sexual health nurse to obtain proper information regarding the contraceptive options and how to reduce the health risks that are related to unprotected sexual activity. Her school nurse wanted her to consult a sexual health nurse so that she is well informed and is able to take appropriate decision related to health accordingly. Taylah is concerned that her mother might find out about her meeting with the sexual health nurse, as she has not informed her mother about her participation in sexual activities. Here, the sexual health nurse while consulting Taylah regarding contraception and her participation in sexual activity, Pam must follow the standard of ethical codes for the Nurses. She must assure Taylah that the information she shares with her shall not be disclosed and her privacy and confidentiality shall be maintained and respected. However, the nurse must also inform her that she has every right disclose such information if she considers that maintaining confidentiality shall cause harm to Taylah or to any other individual (Wolf et al., 2015). Under such circumstances, Pam may apply the principles of Non-Maleficense and Justice. Pam must assure Taylah that no treatment shall be undertaken without her consent or her legal representatives. Pam must facilitate her to make appropriate medical decisions by providing her with accurate and complete information regarding her medical treatment. The sexual health nurse must apply the principle of autonomy and respect her decision regarding the treatment preferences (Pick, Gilbert McCaul, 2014). Pam must apply the principles of beneficence and non-maleficense by ensuring that she gives accurate medical guidance or advice, which would be beneficial for her and would not cause her any harm. The healthcare professionals are under legal obligations enable the patients to make appropriate medical decisions. However, the patients may involve their family member or other carers and if they wish, they may authorize the family members or the carers to make decisions on their behalf. In case there is a doubt regarding substituting the decision makers, the patients and the health care providers may request the relevant guardianship authority to advise them regarding the same. In the given scenario, Taylah does not want to disclose about her participation in sexual activity to her mother. Therefore, Pam shall not disclose any personal information shared by Taylah to anyone without her consent except under certain circumstances. Pam must inform Taylah that if it is necessary to disclose the private information, she may obtain the consent of he persons or representatives that are responsible for taking care of Taylah. In the absence of such consent, Pam may take into consideration of professional judgements after considering the necessity to to disclose particular details for the welfare and in the best interest of Taylah. From the above discussion, it may be concluded that nurses and the other healthcare professionals are responsible for exercising reasonable standard of care on the patients and comply with the professional and ethical standards in order to ensure the safety and welfare of the patients. Conclusion Thus Pam must be extra careful while dealing with Taylah as she is a minor and also have been experiencing social issue at an early age. She must consider the fact that any breach in privacy and confidentiality would have a very negative impact on Taylah. References Beauchamp, T. L. (2016). Principlism in Bioethics. InBioethical Decision Making and Argumentation(pp. 1-16). Springer International Publishing. Bernoth, M., Dietsch, E., Burmeister, O. K., Schwartz, M. (2014). Information management in aged care: cases of confidentiality and elder abuse.Journal of business ethics,122(3), 453-460. Brightware Care Group (Inc) v Rossiter [2009] 40 WAR 84 Chadwick, R., Gallagher, A. (2016).Ethics and nursing practice. Palgrave Macmillan. Johnstone, M. J. (2015).Bioethics: a nursing perspective. Elsevier Health Sciences. Masters, B. R. (2014). Principles of Biomedical Ethics, Eds: Tom L. Beauchamp and James F. Childress Oxford University Press, 2013. XVI, 459 Pages, US $66.95, ISBN-13: 978-0-19-992458-5. Masters, K. (2015).Role development in professional nursing practice. Jones Bartlett Publishers. Pick, A., Gilbert, K., McCaul, J. (2014). The role of effective communication in achieving informed consent for clinical trials.Nursing Standard,29(10), 45-48. Scanlon, A., Cashin, A., Bryce, J., Kelly, J. G., Buckely, T. (2016). The complexities of defining nurse practitioner scope of practice in the Australian context.Collegian,23(1), 129-142. Shaddock Associates v Parramatta City Council [1981] 150 CLR 225 at 248-9, Tarasoff v Regents of the University of California [1974] 13 Cal. 3d 177, 529 P.2d. 553, 118 Cal. Rptr. 129 (1974). Wolf, L. E., Patel, M. J., Tarver, B. A. W., Austin, J. L., Dame, L. A., Beskow, L. M. (2015). Certificates of confidentiality: protecting human subject research data in law and practice.The Journal of Law, Medicine Ethics,43(3), 594-609.
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