Law

Introduction

Crime is the violation of the rule of law for which a legal system envisions penalties in the form of punishments. The literal meaning of crime is charge, blame and offense. When society thinks that unofficial sanctions to sustain a balanced social attitude are not enough, then it may have recourse to more systematized social leverages. With the aid of the legal mechanism available, the state officials are often able to make sure the conformity of the behavior of the people with the required norms of the rule of the law. Crime is basically a behavior which diverges sharply from generally accepted standards of attitudinal pattern and thus infringing the dominant norms and the relevant law stipulates how human beings should behave in the given situation. This is also called the normative definition of the crime.

Discussion

Normative school of thought also weighs the intricate causes behind the notion of crime and investigates to comprehend how varying social, political, economic and psychological contexts impact the contemporary definitions of crime and the responses of the state warranted because of the typical nature of the crime. These causes are rapidly changing and so is the content of the crime and thus the consequent response. As culture undergoes shift and the political ambience also changes, attitude may be criminalized which may have the further consequences for crime rates and impact the responsive measures of the state and the say of the public about these crimes. Crime is the act which is outlawed by the sate legislature and goes against the social practices of the given society. “Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a model penal code(mpc) which serves as a good starting place to gain an understanding of the basic structure of criminal liability. Crimes include both felonies (more serious offenses — like murder or rape) and misdemeanors (less serious offenses — like petty theft or jaywalking). Felonies are usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year” (Wex, 2003, Criminal Law). Cultural standards suggest human beings should conduct themselves in controlled fashion and crime is quite antithetical to it. Crime has remained in vogue from times immemorial. Societies have never been without illegal and corrupt practices and this journey stars from the eating of the forbidden tree in the heaven down to the modern nature of crime down to this day.

Human nature is rigid and therefore, crime has continued too happen irrespective of thee changing realities of time and space. Crime usurps the rights of other citizens and one he or she does so is called the criminal. The definition of the crime also heavily hinges on the culture in which it is perpetrated. Various societies and cultures have their own mechanisms and perspectives to define the crime according to their own rules of the standard behavior. This is indicator of the fact that defining crime is a matter of perspective and no simple general definition of the crime can easily be drawn. Society is itself is the hatchery of all sorts of crime and the occurrences of crime cannot be detached from crimes.

The criminal law or penal law pertains to many sets of rules in various jurisdictions whose similar feature is the potential for unique and mostly rigid enforcements as penalties for inability to comply. Criminal punishment varies in its magnitude depending upon the offense and the actual jurisdiction. Criminal law is particularly imposed by the state unlike civil law, the enforcement of which can be insisted by the private parties. Criminal law is very prominent for its unique gravest consequences in case of failure of following its canons. Every crime is comprised of the criminal constituents. “Philosophical ‘theories of criminal law’ may be analytical or normative. Once we have identified the salient features that distinguish criminal law from other kinds of law, we ask whether and why we should maintain such an institution. Instrumentalist answers to this question portray criminal law as an efficient technique that helps us achieve worthwhile ends; non-instrumentalist answers portray it as an intrinsically appropriate response to certain kinds of wrongful conduct” (Wex, 2008).Capital punishments are awarded in some jurisdictions for the most heinous nature of crimes. Incarcerations and fines are also imposed to put the criminal on the right track.

Five major purposes of criminal law are often stated. They include retribution, deterrence, incapacitation, rehabilitation and restitution. Jurisdictions have their ways and means to prioritize their importance. It is opined that criminals must be retaliated and must be returned in the same coin as they have acted. Here retributions factors in. it is most obvious purpose of criminal law. Jurisdictions insist as criminal has exacted inappropriate advantage from he victim and done serious harm to him or her, therefore the criminal must be meted out the same punishment to ‘balance the scales’. “Criminals ought to suffer in some way. This is the most widely seen goal. Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage” (Gross, Hyman, 2005, 126). The unpleasant disadvantage is essential to restore the victim to his to her original position and make him or her realize that law stands by with a victim in the most critical juncture. This belief is rooted in utilitarianism. People comply with laws to attain the right not to be injured or harmed and if people infringe thecae laws, they give away the rights conferred on them by the law. Therefore, one who murders must be given the same dose. It is also suggested that it is humane to kill the killer.

Deterrence is also often cited as the major primrose of the penal law. Individual deterrence is intended for the particular offender. The objective is to levy a sufficient punishment to frustrate the offender and refrains from repeating the same attitudinal pattern. General deterrence is aimed at discouraging the criminal tendencies for the whole society. When a criminal is punished, he or she is made the horrible example for the whole of society. By enforcing a penalty that have recourse to criminal acts, other criminals who share the same bent of mind are heavily repulsed in their attempt to undertake criminal offenses to get the ends. Deterrence is the most ardent weapon in the hands of the criminal law. Exemplifying the criminals make the rest of society drop the option of crime and come on the right track. Deterrence creates the passions of fear of punishment in the hearts and minds of others. “Underlying the various theories explaining the purpose of criminal law is the basic premise that criminal law is a means by which society reaffirms its values and denounces violators. A change in values entails a change in the types of conduct society wishes to prohibit. Amendments to the criminal code in areas such as sexual offences, abortion, pornography and punishment for murder demonstrate that Canadian criminal laws develop, at least to some extent, in response to changing social values. Criminal law has also changed in response to technical advances, eg, recent amendments to the Criminal Code concerning theft of telecommunications, and credit card fraud and provisions regulating the use of wiretap surveillance”(The Canadian Enclyopedia, 2008. Criminal Law).

Incapacitation is also believed to be the aim of criminal law. It is coined to detach he criminals from the society so that they are unable to perpetrate crimes and the public is saved from the loss which otherwise can occur at the hands of those criminals who have been punished. Incarcerating the willing criminal for a fixed period of time immediate saves the society and also assist in altering the behavior of the criminal. Death penalty and banishment are also instances of incapacitation of the criminals. Rehabilitation comes next. It is one of the important aims of the criminal law for which it is enforced. It converts the criminal into a beneficial member of society. Its primary objectives are to avoid more offense by persuading the offender that his or her act was wrong, immoral and illegal. Furthermore, it is not only harmful for the society but for the criminal as well. This method relies on education and rhetoric for the enforcement of rehabilitation of the criminal back in the mainstream of society.

Restitution is also one of the significant purposes of penal law. This is a victim focused theory of punishment. The aim is to amend by means of state authority ant damage inflicted upon the victim by the criminal. For illustration, one who embezzles is required to compensate the victim thus he or she is restituted as if no offense has been done to him or her. Restitution has close affiliations with civil law and is coupled with other goals to render effective realists. The purpose of criminal law is to make the individuals and the collective society’s law abiding which is in their interest. It leads to the flourishing of healthy culture where tolerance prevails and people become sensitive to one and other. “Philosophical ‘theories of criminal law’ may be analytical or normative. Once we have identified the salient features that distinguish criminal law from other kinds of law, we ask whether and why we should maintain such an institution. Instrumentalist answers to this question portray criminal law as an efficient technique that helps us achieve worthwhile ends; non-instrumentalist answers portray it as an intrinsically appropriate response to certain kinds of wrongful conduct. By considering the question of how the criminal law should address the citizens, we can discern the truth in the non-instrumentalist perspective. The next question concerns the proper scope of the criminal law: what kinds of conduct should be criminalised? Several candidate principles of criminalization are critically discussed, including the Harm Principle, and the claim that the criminal law should be concerned with ‘public’, rather than merely ‘private’, wrongs” (Roger Bowles, Nuno Garoupa, and Michael Faure, 2008. The Scope of Criminal Law and Criminal Sanctions: an Economic View and Policy Implications). Laws endeavor to bring organization and order to our world and are aimed at avoidance of chaos and conflict. One of the main issues in the sociology of criminal law is the capacity and scope of criminal law. The capacity of law to shield norms of the society is of particular interest for many. The ability of law to change behavior and conform to the standard social practices has always been debatable among experts and public as well. It has been thus a thoroughly controversial matter. One set of experts suggest that it is devoid of such ability. “Herbert Spencer and William Graham Sumner asserted that law cannot move ahead of a society s’ customs or mores. Law reflects the sentiments of people that cannot lead to change independent of those sentiments. Indeed, legislation that is not grounded in customs or mores is doomed. Thus reveals change and itself cannot produce change”. (By Edwin H. Sutherland, Donald Ray Cressey, David F. Luckenbill., 1992, p. 44). The opponents of this argument stress that law can be harbinger of change. On one hand, Law may be formed by the passion of the people and on the other hand, act as a catalyst by means of which required behavior can be fostered. As a compelling and educational way, law can alter the behavior of the people. Jeremy Bentham and his supporters often argued that law can reorganize society in order to control many problems and fulfill the requirements of the age. Law has also been seen as having potential to eliminate specific ways of thinking and behaviors and indoctrinating them with ideologically feasible perspectives and attitudinal patterns. This is the often the opinion of many jurists.

Sociologists think that the behavior of the people undergoes shift as a result of socialization, but they also tend to agree that law is also the director of this change. There is evidence that some laws were fruitful in the realms of education, housing, labor relations and transportation. There is also evidence that some of the laws brought changes that remained unnoticed as they were subtle and unintended. The race relations in America were highly influenced by the laws enforced and the behavior of the white towards black underwent great transformations with the passage of time. Increased contacts that were sanctioned by the laws led to limited prejudices.

Conclusion

In fact some laws produce changes and other fail to do so. The laws are more likely to do so when they are considered legitimate by the followers and they are likely to prude least change when they are despised by the community in which they are expected to bring change. The more the clarity and conveyance of source s’ information of the law and more the source offers the objective for the law in terms that are commensurate with the prevalent ideology on the reasons and the control of the unruly behavior. It is also likely to bring more change if it perceived as agent of severe punishment and more it breaks away the social divisions. The criminal law is restrictive when it is intended as such or the given society takes it so. On the other hand it may have broader scope when the intention of those who are coining it aspire to make it an factor of broader changes in society and its scope become all embracing.

Reference

The Canadian Enclyopedia, 2008. Criminal Law. Web.

Wex, 2008, Criminal Law an Overview, hr. org. Web.

Gross, Hyman, 2005, A Theory of Criminal Justice. Oxford University Press.

Wex, 2003, Criminal Law. Cornell University. 2008. Web.

Roger Bowles, Nuno Garoupa, and Michael Faure. The Scope of Criminal Law and Criminal Sanctions: an Economic View and Policy Implications. Journal of Law and Society 35 (2008): 389-416.

Introduction

The Public Law 109–41—July 29, 2005 or the Patient Safety And Quality Improvement Act Of 2005 is directed towards the benefit and the betterment of patients within the parameter of healthcare by formulating and enforcing well-defined law in favor of suitable healthcare and patient safety measures. The fundamental approach and the focal point of the act is to develop improve the quality of healthcare provided to the patents.

The law deals with the proper and clear definition of the terms and the mode of operations to be enacted. It also illustrates the Public Health Service Act amendments. Alongside it provides the details of Severability, Technical assistance, listing and certification of Patient safety organization, creation of network related to database of patient safety and the protection of confidentiality and privilege at the same time. The law clearly enumerates the boundaries of these elements and defines the operative purpose of each segment.

All these efforts are in the context of the construction of a mode of healthcare facility that would enable the patient to understand the rights and duties with ease and form a guideline to the providers of healthcare without any scope of ambiguity. The entire process is well formulated and documented so as to allow the best possible mode of operation in the long run.

Patient Safety Organization Overview

Patient Safety Organization Overview is based on the report of 1999 named To Err is Human: Building a Safer Health System, published by Institute of Medicine (IOM). The focal point of the report is to evaluate and analyze the overall condition of healthcare system and the areas of possible improvement associated with it in the context of patient safety. However, it also pays enough evidences and details on adverse events.

One of the major concerns in this context is the physicians’ reluctance of sharing data and details due to professional insecurity associated with the said details. This results in inadequacy of data in the end and thus it develops a situation where specific problem based research are found wanting and often proved to be insufficient. Their concerns for patient safety events are actually causing more harm than help. Similarly, the data associated with patient safety details are never sufficient to formulate a specific mode of trend and thus it is extremely difficult to ascertain the mode of operations. All these factors are detrimental for patient safety and the physicians and institutions should come forward to resolve this issue.

Conclusion

In order to enable the availability of data and patient related details, the most instrumental law in this context is the Patient Safety Act or The Patient Safety and Quality Improvement Act of 2005. This law, backed by PSOs, makes it mandatory to submit details related to patient safety to formulate long-termed mechanisms that would be beneficial for the patients. This would enable the PSOs to create better facilities and credible environment in the context of public safety thereby making the healthcare system, public and private, a more secured and reliable institution.

References

Public Law 2005; Patient Safety And Quality Improvement Act. 

Patient Safety Organization Overview.

Introduction

A crime is an act forbidden by the law of the land (Darrow 2004). Such actions usually carry stiff penalties set out by the penal code governing the area. Crimes not only have an effect on an individual alone but also the society at large. High crime rates will make individuals feel unsafe in their own neighborhoods. Crime has mental, physical, and emotional effects on the lives of people it affects.

The definitions used to define a victim depend on individual perceptions (Edmund & Underwood 2003). In reference to crime, a victim can be described as an individual who has suffered physical psychological, or economic loss or injury due to illegal activities (Victimization theories). The acts these victims have suffered are not only considered unacceptable legally but also morally (Edmund & Underwood 2003). They are also of great concern to society in general.

Victims of crime are said to be victimized. There are various forms of victimization they face. The primary form is the crime committed against them (Edmund & Underwood 2003). These result in emotional responses of fear, anger, guilt, and frustration. They will lead up to the secondary form of victimization. This form is inflicted by the institution that is meant to provide services to the victims. Professional insensitivity, lack of information, and unnecessary delays may further cause emotional harm to the victims of crime (Edmund & Underwood 2003). An example is a rape victim. Sensitivity must be shown when interviewing such victims. This is because the act of rape is very demeaning and causes psychological trauma in many cases.

Victim precipitation

Victimology is defined as the scientific study of the relationship between victims and offenders. The interaction between victims, the criminal justice system, and other societal groups is also studied in victimology. The criminal justice system is made up of the police, courts, and correctional facilities. Societal groups studied in respect to crime include the media, businesses, and social movements (Victimization theories).

Crime does not happen randomly (Tark). There is said to be a degree to which victims are responsible for their own victimization. This is termed victim precipitation. According to Davies (1997), some scholars refer to victim precipitation as an ‘acceptance of violence’ (p.168). Another term in crime is victim prone. It is used to describe cases in which the victim is likely to make the first move. Victim precipitation plays an important role in the occurrence and prevention of crime.

Origin of particular events

Criminals are driven by three basic factors (Victimization theories). One is they feel a need to commit the crime to satisfy their wants. The second is experience and the society one lives in. if one was brought up in a neighborhood where a crime was a way of life, the person may not know any other way by which to live. The media has also contributed to this. Violent programs have helped develop a culture of violence (Siegel 2005).

Violence is becoming a part of society by its acceptance in the media. The third driver of crime is belief. In cases of domestic violence, the perpetrators believe that they have the right to ‘discipline’ their partner. Tark reports that research done shows that there may be a genetic tendency to be violently delinquent in some individuals.

Victim precipitation involves opportunities being made available to commit a crime. One theory that has been put forth to explain this is VIVA i.e. Value Inertia Visibility and Access (Victimization theories). The offender must see the value his victim holds for him. For example in cases of robbery, the victim will have valuables such as cash which the robber may want. Inertia means that the offender can actually carry the object he desires. For example, the cash he steals is portable. The third thing is visibility. The risk of being caught is first in an offender’s mind. They will carry out the offense in an area where they are unlikely to be seen. The presence of CCTV is a deterrent to crime because it makes the offender visible. The last is access. The offender must be in a position to access the valuables he wants.

There are certain factors that contribute to the occurrence of crime. One of the major contributors is alcohol and drug abuse. A study conducted in England found that 40% of violent crimes, 88% of criminal damages, and 78% of assaults occurred when the offender was under the influence of alcohol (Crime reduction). Other factors include being in dangerous places such as dark alleys and at a dangerous time e.g. late at night.

Cases of secondary victimization that occur are influenced by cultural beliefs and behaviors. A policeman may be insensitive to a rape victim who was indecently dressed. The law enforcement officer, like many in society, may hold the belief that the victim’s dressing provoked the attack (Edmund & Underwood 2003). In cases where their economic losses, secondary victimization is a result of individuals not taking adequate measures to protect themselves. Such measures include insurance for health and against theft (Crime reduction).

Victim offender interactions

Understanding victim precipitation will allow for a better understanding of the origin of crime. To do so one has to take into account the victim-offender interactions that may have contributed to the crime. The people most likely to become victims of crime are the elderly, women, and ethnic minorities. Men are the most common victims of violent crimes (Bureau of Justice 2008). In America, African Americans and minority young males are the most common victims of violent crimes (Tark). Some scholars have attributed the rise of offenders to the destabilized family unit (Victimization theories). Most offenders tend to come from single-parent households. The absence of a male role model is said to be the main reason many black young men end up in prison (Johnston 2007).

Victim precipitation has been used to explain a variety of interpersonal crimes such as rape and homicide. Victim precipitation can be grouped into two main categories; active precipitation and passive precipitation (Siegel 2005 p.77). Passive precipitation occurs in cases where an individual’s mere presence is perceived as a threat to the offender (Siegel 2005 p.77). Most crimes committed in search scenarios are thought to be those that give the offender power.

An example of such is a hate crime against a person of another race. In such cases, the victim precipitation may be as a result of an individual’s setting. The environment one is in is an important factor in understanding the importance of victim-offender interaction. Some victims are just in the wrong place at the wrong time. An example of these is victims of terrorist bombings. This is a form of passive precipitation.

There are also professions that are thought to be high-risk occupations. These include law enforcement officers (Victimisation theories). These professionals are at risk of being attacked because of the kind of work they engage in. Daily, police officers may be forced into a dangerous situation in the line of duty. This is a form of passive precipitation. To prevent most crimes that occur as a result of passive precipitation is very difficult. This is because the occurrence of the crime solely depends on the offender and their perception of the situation. The best thing individuals can do to prevent such a situation is to take precautions in their daily activities. Governments must also protect their citizens from certain crimes such as terrorist attacks by having an efficient security intelligence system.

Active precipitation occurs in cases where the victim provoked the attack (Siegel 2005). Wolfgang investigated murders in Philly that took place between 1948 and 1952(Victimization theories). He found that in many cases, the victim knew his murderer. Alcohol abuses were also reported in many of the murders. In 25% of the cases he found that the victim had provoked an alteration between them and the offender (Meloy 2007). In this case the victim was described as the party found to be the weaker one of the two involved in the altercation (Edmund & Underwood 2003 p.11). In conclusion the study found the victim precipitation factors to be alcohol abuse, prior relationship with offender and arguments (Meloy 2007).

An analysis of rape cases was conducted. It was found that in many cases alcohol, indecent dressing and the woman having a bad reputation led to rape (Tark). In the case of the murders, provocation of the offender by the victim is considered to be an act of active precipitation. In the rape analysis, the indecent dressing can be said to be an act of active precipitation. This concept has received criticism from various civil societies. This is because the concept seems to blame the victim for the crime (Muncie & Wilson 2004).

Another set of victims are those who are ignorant of the danger lurking around them. These are those who may go out during dangerous times eg late at night. In 2005, almost two thirds of all rapes and sexual assaults occurred between 6 p.m. and 6 a.m. (Bureau of Justice 2008).The place they are in may also be dangerous eg a dark alley. The last set of victims is the voluntary victims who place themselves in dangerous situations.

An example is a gang member who may be in danger of being attacked by rival gangs. A person’s lifestyle may also make him more susceptible to crimes being committed against them. This gives rise to the routine activity theory. This theory assert that routines like drinking and staying out late places an individual at a high risk of being a victim of a crime. The reaction and in some cases overreaction of individuals can make them fall victim to a number of crimes (Davies 1997 p170).

Crime and its prevention: A victim’s role

Meloy (2007) asserts that cultural attitudes determine the response to victims of crime. For example, if one is robbed while walking through a dark alley people will ask why he had to be in that place at that time. Some will uses stereotypes to justify the crime. An example is a prostitute who is raped. She may receive very little sympathy from society. From a sociological perspective victims are said to have a “functional responsibility” for victimisation that develops (Meloy 2007).

This theory was put forth by Shafer. He believed while the victims may not necessarily provoke the crime, but they are necessary for the criminal transaction to have occurred. Their inaction or actions will lead to their victimization (Meloy 2007). The downside to this belief is the fact that is seems to support the claim of a culturally legitimate victim. It also tends to excuse the offenders behaviour by holding the victim partially responsible (Victimisation theories).

The victim plays a number of roles in cases of crime. One is the provocateur (Victimisation theories). This is a case where the victim provokes the crime. The other role victims play is the innocent victim. These are victims who are in the wrong place at the wrong time. The other role victims can play is prevention. This is done before or after the crime. Before a crime is committed individuals can take measures to protect themselves and their assets from being victimized.

After the crime is committed, the victim can prevent future crimes by reporting the crime to the police (Shaffer 2004). This action is an important aspect of victim precipitation. If a victim does not report a crime, the offender goes unpunished and may commit the crime again. If the victim reports the crime, the offender may be arrested and prosecuted for the crime. The sentence handed to the offender may serve as a deterrent to any future crimes. If the offender is arrested, it will make the victim feel that they have had retribution for the crime committed against them. If the offender is jailed, the victim may feel safer knowing that the offender is behind bars (Victimisation theories).

Clarifying the victim’s role in crime can also help us devise strategies for reducing risk and predicting victimisation. There are measures that individuals can take to avoid falling victim to crimes. The first is substance abuse treatment. Alcohol and drug abuse is said to make individuals vulnerable to attacks. Their intoxicated state makes some individuals lose their sense of reasoning and commit acts they would otherwise not do if they were sober. 30% of offenders were intoxicated at the time of the crime (Bureau of Justice 2008).

Individual should learn to know their limits when it comes to drinking alcohol. This will allow them to enjoy their drinks without losing control of what they do. This is applicable to both victims and offenders. All potential victims should recognise that intoxication makes them more vulnerable to attacks. They should hence take care of themselves by making sure they can remain alert even when drinking.

Research has shown that in some cases, the victims have been the provoker of their confrontation with their attacker (Siegel 2007). To avoid this, those who tend to overreact in anger should take anger management classes. This will help them control their emotions better. The same applies to offender who may commit a crime due to rage. A reaction made in anger is worse when the offender is intoxicated (Duhaime 2007). It is important for all individuals to learn what trigger rage in them. They will then learn to handle these emotions when someone provokes them.

Another major contributor to crime is unemployment. Some individuals turn to crime as a means of earning their daily bread. Unemployment was found to be the cause of the high rate of burglaries (Shaffer 2004). The unemployed individuals who turn to crime do so for monetary gain. For such individuals, job training assistance should be provided. Victims can protect their homes by putting in place security systems which may be a simple lock on the door to a sophisticated alarm system (Davis, Lurigio & Skogan 1997).

It is important for people to take measure to protect themselves and their assets from being burglarized. In cases of burglary, victims must immediately call the police. They must not attempt to enter their property to prevent compromising the crime scene (Muncie & Wilson 2004). In this way a victim will allow the police to gather evidence needed to catch the criminal. It is also important for individuals to know exactly what they own. This is helpful in cases of robbery. The police can be informed of exactly what is lost.

As earlier mentioned one of the major contributors to crimes is broken families. For young people gang intervention is one effective measure of preventing them from turning to a life of crime. It has been found that many gang members come from broken homes (Bureau of Justice 2008). The government and other civil institutions should instigate measures to provide parental and family services. This will provide single parent homes with some form of stability. The support the government provides should include monetary support. This will reduce cases where the single parent has to go out and find a second job to make ends meet. Young people should also be encouraged to join engage in positive social activities like sports. This will keep them occupied and away from crime.

Individuals should know the situations that place them at risk of being victimized. They should take measures to either protect themselves if the need arises or avoid the risks. If in one’s neighbourhood, most robberies occur at certain times, people should ensure that they are somewhere safe during those times. If drinking alcohol makes them vulnerable to attack, they should limit their drinking. Potential rape victims should take care of who they choose to associate with. They can protect themselves by avoiding compromising situations. Self defence classes will come in handy for individuals to protect themselves (Davis, Lurigio & Skogan 1997).

Governments have a huge responsibility of protecting the inhabitants of a country from criminal attacks. They should take measures to ensure that the people are not held hostage by their fear of being victimised. Governments should hence take measures to improve security. They could improve street lighting and install surveillance systems to act as deterrent to crime. Police patrols on the street especially at night should increase. Police investigation into crime should be thorough. Cases where the offenders are caught should form the majority of the investigations done. The punishment should fit the crime. This will act as a deterrent to future perpetrators. When justice is served, the victims will be able to get over the crime (Bureau of Justice 2008).

Conclusion

It is important for victims to know that they have a role to play in protecting themselves from victimization. In passive victim precipitation, individuals must be careful to treat each other with respect. This will ensure that they do not face future attacks due to retribution. In active precipitation, the same will apply. Lifestyle changes are vital in preventing active victim precipitation (Victimisation theories). Individuals should try and avoid any form of confrontation. They should also know when to leave a potentially dangerous situation. This is especially important for victims of crime within the homes. An example is a victim of spousal abuse. Spouses must be able to leave if abuse occurs (Crime reduction).

It is important to remember that for every action, there is a reaction. To protect oneself, it is important to know the risks and measures one can use to overcome them. It is also important to know the huge role a victim can play in preventing a crime by not only reporting it but also acting as a witness in the court case. The importance of reporting a crime and acting as a witness in a court case must be appreciated (Bureau of Justice 2008). This is one major way that a victim can take action and prevent further crimes. Be informed. Avoid risky scenarios. Take action. Avoid victimization.

Reference

Bureau of Justice Statistics September 17^th 2008, Crime characteristics: Summary findings. Web.

Crime reduction tool kits: Relationship between alcohol and crime n.d. Web.

Darrow, C (2004) Crime: Its Cause and Treatment. Kessinger Publishing, Massachusetts.

Davis, RC Lurigio, AJ & Skogan, WG 1997, Victims of crime, (2^nd Ed), Sage Publications California.

Duhaime, L. 2007, Overcoming anger. Web.

Edmunds, C Underwood, TL 2003, Victim assistance: Exploring individual practice, organizational policy, and societal responses, Springer Publishing Company, New York.

Johnston, P 18^th June 2007, Broken homes ‘fuelling black crime’, Telegraph. Web.

Meloy, M 2007, ABC’s of victimology. Web.

Muncie, J Wilson, D 2004, Student handbook of criminal justice and criminology, Routledge Cavendish, London.

Shaffer, J 2004, The victim-offender overlap: Specifying the role of peer groups. Web.

Siegel, L 2005, Criminology, Thomas Wadsworth Publishers, California.

Tark, JY Crime victims, Florida State University. Web.

Victimization theories. Web.

The purpose of criminal sentencing is consistent with the act of criminal punishment which serves the objectives of rehabilitation, deterrence, incapacitation, and restitution or restorative justice to victims and the society at large. This is inherently done by a judge to a person convicted of a crime. Garland (1990:17) defines it as “the legal process whereby violators of criminal law are condemned and sanctioned in accordance with specified legal categories and procedures”.

The duration of the sentence or prison term depends upon either; the severity and nature of crime, particular state and/or federal sentencing guidelines, convict’s criminal record, and the discretion of the sentencing judge or jury. The offenders are sentenced or placed in custody to protect the public from the chance of prospect aberrant behaviour (H. Morris 1994: 238). The sentencing may also be in form of parole, whereby the convicted person serve non-custodial sentence. The offender is placed under supervision, which may restrict the person from opportunities to commit crime (Ten 1987: 8). There are two main forms of sentencing, i.e. indeterminate and determinate sentencing.

In indeterminate sentencing, a judge sentences an offender to a minimum range of years in custody. The state legislature however, sets a comparatively minimum term the convict must spend in prison (e.g., a third of the minimum sentence). Then a state parole board decides the actual date of incarceration discharge. While some states establish a particular set of criteria to be followed by the parole board, in other states, the actual decision is at their discretion. Indeterminate sentencing often leads to discriminatory results. Individual parole boards’ panellists have been accused of not being subjective but rather partisan, with charges of racialism prevalent in some state panels (Sentencing Project: Sept. 2008). Proponents of the system, however, argue that indeterminate sentences present the convicts with an inducement to take advantage of programs designed for rehabilitation and hence get released or paroled with less chance of a misdemeanour recurrence. The incarceration ought to have reformative or rehabilitative effects on the offender (Ten 1987: 7-8).

In determinate sentencing, the custodial term limit is set by the court. The release date is not subject to discretion or to the parole boards. The push for the determinate sentencing system was initiated in the mid-1970s. The proponents of the system referred to this form of sentencing as “truth in sentencing”. The emergence of just deserts theory in the 1980s introduced sentencing guidelines and the sentencing commission to have uniform or proportionate prison terms. There is however, a push towards a hybrid system incorporating the two forms of sentencing, mainly by human rights groups. Many states are now adopting the new trend, with various programs (e.g. drugs abuse counselling) that result in lessening of sentences. In Illinois, the Director of the Department of Corrections has prudence to trim down prison terms by us much as 180 days on commendable “good behaviour”.

The shift towards determinate sentencing culminated into the Federal Sentencing Guidelines. The federal effort followed guideline projects in several states originally funded by the United States Department of Justice led by Jack Kress in the mid 1970s. They were gradually incorporated all over the country from, Denver (Colorado), Newark (New Jersey), Chicago (Illinois) and Philadelphia (Pennsylvania) Maryland, Michigan, Washington, and Delaware, before the federal sentencing guidelines were and eventually formally adopted in 1987.

They have been recommended by the American Law Institute and the American Bar Association to be used by all states. The Federal Sentencing Guidelines rules have set out a standardized sentencing guiding principle for the convicted defendants in the U.S. federal court system. These guidelines are set by the United States Sentencing Commission initiated in the mid-1980s. The reform package was led by Senator Edward Kennedy, Chair of the Senate Judiciary Committee and Attorney General Edwin Meese. The guidelines were aimed at alleviating sentencing disparities that research had indicated was prevailing in the previous sentencing system. These guidelines would lead to a determinate sentencing regime. This reform saw the dissolution of the United States Parole Commission. The guiding principle for the federal sentencing guidelines is based on two factors: conduct associated with the offence, and defendant’s criminal record. The Sentencing Table in the Guidelines Manual links the relationship the correlation between the two factors; each pairing of an offence level and criminal record, a sentencing range in months is depicted.

Although the guidelines were proposed to be mandatory, the Supreme Court in decision in (United States v. Booker 2005) found that the Federal Sentencing Guidelines, as originally constituted, violated the Sixth Amendment right to trial by jury. This led to the provisions of their being mandatory to be excised from the law. In other Supreme Court cases, e.g. Blakely v. Washington 2004, the guidelines were now considered as only advisory at both the state and federal levels. The judges could now only consider them in the calculation but not in issuing of sentences within the guidelines. As the U.S. crime rate levels escalated from the 1970s, the average length of custodial sentences equally amplified. The crime led to further legislations which continued to reduce prudence in both the sentencing procedure and the determination of when the conditions of a verdict have been fulfilled. The Determinate sentencing regime, mandatory minimum sentences, and federal guidelines based sentencing, all continued to impact on the human element or discretion previously observed. Courts discretion, in considering some ‘mitigating or extenuating circumstances’ when deciding on appropriate custodial sentence was gradually eroded. The upshot of the “three strikes laws,” the increase in the length of confinement in the last decade was most evident in the case of life prison sentences, which increased by 83% between 1992 and 2003.

The United States Sentencing Commission is a permanent independent judicial agency within the judiciary. It is the organ responsible for setting up the federal sentencing guidelines. The commission is made of seven members, whom who serve for a six year period. The commission has the discretion of amending the sentencing guidelines, policy statements, and official commentary. It submits to the U.S. Congress the selected sentencing guidelines amendments and the reasons by May for approval and they are set to be effectiveю

In 2008, it sought to have amendments like: Amendments to S2B1.1 (Larceny, Embezzlement and Other Forms of Thefts; Offences Involving Stolen Property; Property Damage or Destruction; Fraud and Deceit; Forgery; Offences Involving Altered or Counterfeit Bearer Obligations of the United States) and Appendix A (Statuary Index) effective 2008; (2) the amendments to S1B1.10 (Reduction in Term of Imprisonment as a result of Amended Guideline Range (Policy Statement)), effective 2008; and (3) the amendment to the commentary to S2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offences); Attempt or Conspiracy) effective 2008. (U.S. Sentencing Commission)

Various public interest groups, organisations and individuals are welcomed to input their contribution before the commission finally deliberate on the particular amendments to the sentencing guidelines. The amendment which received much acclaim was touching on controversial crack cocaine possession ruling. This had been viewed as unfair and racially discriminatory, the mandatory minimum term (5 years) for possession of 5 grams of crack cocaine as opposed to 500 grams of powder cocaine (100 to 1) which had the same term was condemned by many humanitarian organisations. (NAACP-Newsletter, 2008).

One the interest groups, is the Sentencing Project organisation. A non-profit organisation set up to lobby for the interest of the disenfranchised convicted felons and ex-felons. It actively lobbies for the rights of the felons and ex-felons who are disadvantaged in terms of opportunities for education, jobs etc. This has led to these groups being in the forefront of crime due to their perceived lack of opportunities as they are disenfranchised from the main stream activities. The Sentencing Project lobbies with the United States Sentencing Commission for indeterminate and rehabilitative guidelines in the judicial system. The reform of policies geared towards a reconsideration and discretion in meting out sentences that have correctional objectives and the interests of the offenders. The organisation has actively lobbied for the rehabilitation of felons and ex-felons into being allowed back into the electoral registers. The many disenfranchised voters who are viewed as living outside the society, are encouraged to become better citizens, when they have full democratic participation.

Although criminal sentencing is society’s way of serving a deterrent and retribution to the offenders and victims respectively, the introduction of the uniform determinate Federal Sentencing Guidelines led to the rise in longer custodial sentences as did the rise in crime rates. These were counter-productive as the prison population rose to unmanageable levels, hence discrediting the effectiveness of the system. The need to use less deterrent and more rehabilitative sentencing in order to curb increasing case of repeat offenders has seen a slide back to the traditional indeterminate sentencing. The purpose of criminal sentencing should be both retributive and restorative, thereby rehabilitating both the victim and the offender for the general good of the society.

Work Cited

Articulate “Public Safety” as a Purpose of Sentencing, References are now to TENTATIVE DRAFT NO. 1 (2007.) Web.

U.S. Sentencing Commission. 2008. Web.

Felony Disenfranchisement Laws In The United States, The Sentencing Project (2008). Web.

Mixed Results US Policy and International Standards on the Rights and Interests of Victims of Crime, Human Rights Watch (2008).

The Sentencing Project Publishes Racial Disparity Manual for Practitioners, Policymakers (2008).

NAACP Newsletter: U.S Sentencing Commission Follows NAACP Recommendation on Crack Cocaine Sentencing (2008). Web.

Introduction

There are plenty of strong reasons why smoking in public should be prohibited. In my own opinion, the negative effects of smoking to the smokers, the second hand smokers and the natural environment will be greatly reduced if smokers are not allowed to smoke in public places. Usually, smokers are allowed to smoke at the sideways, inside the restaurants, at the park, inside the malls, and many other public places where most people gather. This is very harmful to the people and to the natural environment.

Smoking needs to be strictly banned in public places. Smoking has detrimental effects to both smokers and non-smokers. It is equally harmful to the environment. Thus, smoking is a dangerous habit that a smoker should not bring to public places nor be allowed to. The society must critically understand the dangerous effects of smoking and banning smoking in public places will greatly bring this message. If the government and the private sectors will enforce prohibitive measures on public smoking, it will have positive effects on smokers, non-smokers and the general surrounding. Let us start with the smokers.

Smokers are influenced to smoke more and continue their bad habits because they have easy access and are not prohibited to use open areas. We all know that smoking can harm our bodies in many negative ways. Smoking is the culprit in their deaths. There are many hazardous elements in a cigarette. These chemicals consist mostly of 4,000 dangerous and lethal chemicals. The chemicals that make it up are tar, carbon monoxide and formaldehyde. Carbon monoxide is another hazardous element that is found in car exhaust fumes. This is responsible for several diseases such as mouth cancer, throat cancer, bladder cancer, among others. Surprisingly, ammonia is also found in our floor cleaner. These substances are also very dangerous such as nicotine which turns off certain receptors in the brain such that it will release a neuro-transmitter called the dopamine. It is a so-called feel good chemical that is also seen in certain conditions such as depression, schizophrenia, Parkinson’s diseases and attention deficit disorder.

Poor academic performance of student smokers

Student smokers are said to perform more poorly than other students, while workers who smoke marijuana are said to have more problems with work performance (National Institute on Drug Abuse). The psychological effects such as depression, anxiety, and personality disturbances spill over into poor ability to acquire job and social skills, poor ability to cope with emotional problems because of poor problem solving and emotional skills, and lower levels of satisfaction with life in general (National Institute on Drug Abuse, pp. 5-6). It has also been revealed that cigarette smoking also increases one’s

platelet aggregation as well as blood clotting. It has also been revealed that cigarette smoking increases the endothelium damage as well as the layer of cells that line all blood vessels, including the coronary arteries (“Environmental Tobacco Smoke, p. 1).

Once smokers are prohibited to smoke in many different places, they will be made more aware and conscious of the negative effects of smoking and they will have stronger tendency to quit smoking. They will also internalize their responsibility towards non-smokers and their environment.

Benefit of the ban on smoking

The ban on smoking will be of great benefit to non-smokers or even the second hand smokers. Besides, the non-smokers, especially those who are sensitive to the smell of smoke like people with asthma, will live in the pink of health if the environment is free from smoke. Public places contain many people and children. It is unjust if the smokers will subject them to the dangers they themselves avoid by not smoking. They certainly have a choice to breathe fresh air. Even when the smokers have also the right to smoke, this right must be contained if it harms the general welfare of the people. Hence, smoking in public must really be prohibited in order to protect the non-smokers and protect good public health.

Studies show that secondhand smoke may be the main factor that will cause others to have several major health problems. It must be remembered that this secondhand smoke has been controlled but it can irritate the human lungs. This will necessarily reduce the oxygen in the blood. It can also increase the risk of respiratory infections such as cold, flu, bronchitis (acute bronchitis), and pneumonia (Quebec Lung Association, p. 1).

Secondhand smoke does not only wreak havoc on other people but is also very dangerous to children. The effects are worst during the child’s first five years if he or she was exposed to smoking parents and/or smoking environment. The secondhand smoke will disturb the child physical and cognitive development.

There is also the 1991 report published in circulation that the evidences on the dangers of smoking are able to set epidemiological studies on the kind of diseases that are characterized because of its biggest accommodation.

Moreover, environmental balance will be maintained if the air is free from smoke and other harmful chemicals and substances brought by cigarettes. Thus, public places should be free from smoke brought by public smokers. As we all know, smoking is a cause of pollution. There is a lot of research that shows that many kinds of gases which are released by smoking and are harmful for the environment, such as tar and carbon dioxide (“Smoking in Public Places, p. 1).

According to the Quebec Lung Association (p.1), two-thirds of the smoke produced by cigarettes spreads into the open air. It is said that the smoke is seen as the pollution for indoors. It does not completely eliminate the chemicals spread unto the environment. So, even when a smoker smokes in an open space such as in the park or in the sideways, cigarette smoke is not eliminated and it could be taken back in directly into the environment or to second hand smokers. We all know that our environment is deteriorating. Banning smoking in public places will be a logical preventive measure to reduce pollution and clean the air. It is the easiest way to eliminate environmental tobacco smoke completely. The government will now be able to deal with it more effectively.

Social problems associated with smoking

Smoking can lead to belonging to gangs that are a major source of violence. Youth who encounter the socialization factors just mentioned often turn to and associate with other socially and educationally successful youth. Gangs can satisfy their unfulfilled basic needs, such as needs for a positive identity, connection to peers, and feelings of effectiveness and control. However, gangs also often promote power, violence toward out-groups, and violent action. Violence in gangs often revolvers around of territory, honor, and drugs (Durkheim).

Intervening with children before they develop in-grained antisocial behaviors is an important dimension of reducing violence in youth. Slogan campaigns and scare tactics do not work. In one successful intervention, positive Adolescents Choices Training (PACT), African American 12- to 15-year-olds learn to manage their anger and resolves conflicts peacefully (Durkheim). Through the use of culturally sensitive videotapes, students learn to give and receive feedback, control their anger, and negotiate and compromise. The videotapes show peer role models demonstrating these skills, along with adult role models who encourage the participants to practice the techniques.

The Safe Schools Act can help to foster programs such as PACT. Under the bill, schools can receive grants up to $3 million a year over 2 years to develop their own violence prevention programs. The initiatives could include comprehensive school safety strategies, coordination with community programs and agencies, and improved security to keep weapons out of the schools. To ensure that programs focus on prevention more than on enforcement, the grants allow only 33 percent of the funds to be used for metal detectors and security guards. (Ben-Yehuda, Nachman, 1985).

Interventions can reduce or prevent youth violence. Effective prevention factors include developmentally appropriate schools, supportive families, and youth and community organizations. One promising specific strategy for preventing youth from smoking is the teaching of conflict management as part of health education in elementary and middle schools (Ben-Yehuda, Nachman, 1985).

The interdiction and eradication efforts are doomed to fail if the real problem actors are not determined. But there is another enforcement strategy that can be used to accompany interdiction and eradication in order to catch these big producers and government culprits; that is, strengthening of the intelligence branch of the enforcement agencies. I think interdiction and eradication efforts could more or less succeed if we have a sharp intelligence to match it. Somehow, targeting just one market actor could lead to a multitude of seizures because a few influential people are in control.

Conclusion

Prohibiting smoking in public places hold a lot of promise in benefiting the smokers, the non-smokers and the general environment. It will reduce problems caused by smoking such as lung cancer which kill millions of people worldwide. It will also provide protective measures to safeguard the health of non-smokers. It will also promote a smoke free and healthy environment for all human beings and living things around us. Banning smoking in public will be the main solution to stop cigarette smoking. Government and private sectors should promote, enforce and abide by it.

Works Cited

1. “Ban Smoking in Public.” Stop Smoking Website. 2008. Web.
2. “Environmental Tobacco Smoke.” American Heart Association Website.
3. National Institute on Drug Abuse. “Marijuana Abuse: Research Report Series”. 2005. Web.
4. Quebec Lung Association Website. Quebec Lung Association, Inc. 2007.
5. “Smoking in Public Places” Socyberty Website. 2008. Web.
6. Why Ban Smoking in Public Places?: Arguments in Favor. Web.
7. Emile Durkheim. 1895/1982. Rules of Sociological Method. New York: Free Press.
8. Ben-Yehuda, Nachman. 1985. Deviance and Moral Boundaries: Witch-craft, the Occult, Science Fiction, Deviant Sciences and Scientists. University of Chicago Press.

‘’To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system’’ (The Library of Congress Thomas 1).

The bill is sponsored by Rep Gingrey, Phil [GA-11] and was introduced in the house on the February 13, 2009.

Bills are a form of proposed legislation like the joint resolutions, concurrent resolutions and simple resolutions passed in this country with a view to tackling the problems we face. Indeed, a study published last year confirms the fact that the current problem of the United States healthcare systems is its expensive nature (Shi and Singh 277). Ordinarily, one would not expect the United States to be faced with a challenged of this magnitude considering the great strides that the country has made in the health care sector. Nonetheless, the current system of health care needs to be improved in order for healthcare provision to be more efficient. In light of this, the bill H.R 1086 seeks to achieve this through the provisions it make. Although the bill if passed seems to have a negative impact on the medical insurance industry, it actually benefits both the industry and the consumers of their services. In it are several ways to revive the healthcare systems.

The bill

As an overview, the bill sets conditions for lawsuits arising from liability claims regarding health care goods or services. It further sets a statue of limitations of three years with provisions for exceptions from the time of aggravation. Economic damages can be fully recovered by victims while non-economic damages have limitations. Courts can limit attorneys’ payments to decreasing percentages depending on increasing value of amounts added. Evidences such as collateral source benefits and amounts for securing such benefits are allowed by this bill. The provider of such benefits is prohibited from accessing it when injury or wrongful death lawsuit is involved. Awards for punitive damages are only after proof of malicious intent and related circumstances. These damages are denied in cases where products are approved by the Food and Drug Administration (FDA).

Benefits

If the bill is passed, it will lead to lowering of medical insurance premiums, in effect easing the contributions made by the victims. Many people would therefore be able to afford medical cover and have the safety of receiving treatment when sick. Reduced premium rates lower the insurance companies’ profit. However, there will be more people paying the lower rates than the few who pay the higher rates, further culminating into increased profits. In addition, passing of the bill would also help in enhancing greater accountability in the healthcare system. Through the provisions made, attorneys for example, will not be able to overcharge for their services. The supposed gains in contention when cases are in court will remain relatively safe from either party’s reach until the case is ruled on.

There will be no discrimination on the provision of healthcare and therefore, the bill seeks to allow for a large number of people to access healthcare whether reach or poor. It will end cases where only the rich can be treated while the poor suffer with no access to medical cover as each of these groups of people will be treated with equality.

The bill also safeguards the insurance companies from malicious law suits and claims. It regulates the amounts paid by companies to various victims of and therefore prevents exploitation of either party by the other. The medical experts will also feel more comfortable using new drugs once approved by the FDA.

Conclusion

The interests of concerned parties in payment of healthcare services are well catered for in the bill. In a nutshell, it will lead to more people accessing affordable healthcare hence a healthy nation. A healthy nation translates to the healthy economy we desire to have and a healthy future.

Works Cited

Shi, Leiyu, and Singh, Douglas. Essentials of the U.S. health care system. Sudbury, MA: Jones & Bartlett, 2009. Print.

The library of congress Thomas. Item 11 of 65.n.d. 2010. Web.

Introduction

The national labor laws began after the harsh economic times of the 1930s. The Great Depression led to a low employment rate. As a direct consequence, the general standards of living went down. The economic times were not favorable to individuals and companies. The National Labor Relations Act was then put in place in order to resuscitate the ailing economy (Wise, 1987). This bill was later adopted as law when President Franklin Roosevelt appended his signature. That was in 1935. This legislation introduced other strategies to uplift the economy. A case in point was the working hours which were stipulated to the maximum. At the same time, workers were to be paid minimum wages to cut down on operational costs. This law further incepted an agency that was mandated to review and investigate labor practices that were not fair.

This paper explores the profile of ABM Industries Inc. and how legislation has affected the company and union roles at the workplace. The collective bargaining laws passed in 1926 and how they affect the company’s operations are also discussed. Finally, the current labor relation techniques and the changing nature of work are discussed.

The profile of ABM Industries Inc

History

The American Building Maintenance Company incorporated (ABM Inc.) was incepted way back in 1902 when Morris started one of the earliest business undertakings called The Red Font. This business unit was dealing in both wholesale and retail products. It recorded good success in the first twelve months. The company later changed its name to ABM Inc. It has been in operation for more than one hundred years, serving hundreds of clients in the United States of America, some parts of South America and British Columbia.

The main services offered by ABM include the following: parking, landscaping, engineering, and janitorial among others. The company is administered by an executive team comprising of the president who is also the Chief Executive officer assisted by the Executive Vice President. Lower in the hierarchy is the senior Vice president and finally the Vice President who deals with the corporate communications in ABM. Under this team is the Board of Directors.

ABM Inc. boasts of a broad employment base ranging from cleaners to the executive team. It is therefore important if a harmonious labor relation exists between the company and its workers.

Definition and Overview

Labor relations can refer generally to any undertaking between employees and the employer about their working conditions (Millis & Brown, 1950). More precisely, a labor relation would involve the management board of a company or organization with its labor force that is already a unit or is capable of becoming one. Hence, this relation is imperative to organizations that run on a large scale basis and has a “unionized workforce” (Morris, 2004). Labor relations in the United States of America were immensely affected when the National Labor Relations Act was enacted into law after the Great Depression. Workers then had the right to form trade unions to fight for their terms and working conditions.

Developing Labor Contracts

There are four important parameters in labor agreements. These aspects are necessary whenever employments contracts are being initiated between the employer and the employee. The employer should be able to differentiate between high and low-performing workers. The first step is to match the employer and the employee (Vandenberghe, 1999). A stable human capital should be established. Other employment terms and risk undertakings like insurance cover to the employees as rewarding the employees in accordance with their level of effort to the company.

The National Labor Relations Act which was adopted in 1935 identified some unlawful labor practices. For instance, clause 8(a) (3) stated that “discriminating against employees to encourage or discourage acts support of a labor organization” (Morris, 2004). Another clause stated that employees who filed charges against their employers were not supposed to be discriminated (Morris, 2004). The above company is making use of these laws in making sure that its workers are not subjected to bad working conditions.

The changing concept of work and working relations has led to several amendments to the original labor relations laws. For example, employers are required by law to recognize labor unions without which they will have broken the law. Moreover, the United States Labor laws govern the organization of trade unions alongside controlling wages, salaries, fringe benefits, and better working conditions (Millis & Brown, 1950). Besides, a new concept of work to do with job security has emerged. Employers cannot just fire their workers at will without notice and a proper compensation plan. This has been enshrined in the federal laws under job security for employees.

Conclusion

Labor relations clearly define the homogeneous relationship between workers and employers. There is a need for workers to have a forum through which they can air their grievances on labor disputes. This is why the formation of trade unions became necessary with the advent of the souring relationship between these two parties. A case example of ABM Inc. Company in the United States with a broad workforce can allow its employees to be unionized.

Reference

Millis, AH; Brown, CE. (1950). From the Wagner act to Taft-Hartley; a study of national labor policy and labor relations, University of Chicago Press

Morris, J.C. (2004). The Blue Eagle at Work: Reclaiming Democratic Rights in the American Workplace. Ithaca, NY: Cornell University Press

Vandenberghe, A.S. (1999). Labor Contracts. Utrecht University press. Web.

Wise, D.A. (1987).Comment (on R. B. Freeman, ‘How Do Public Sector Wages and Employment Respond To Economic Conditions’)’, in Wise, D. (ed.), Public Sector Payrolls. Chicago, IL, University of Chicago Press