Monday, May 4, 2020
Death Penalty free essay sample
Should be Abolished from our Judicial System Fagan, Jeffrey A. Capital Punishment: Deterrent Effects Capital Costs. www. law. columbia. edu/law-school/communications/reports. Summer 2006. Web. 06 April 2011. The article shows that the states are broken, and the money that we are spending on trials to punish criminals to death penalty should be used in prevention. If you compare the costs of the process and the effects, USA should abolish the death penalty from our Judicial System. It is an excellent article, with detailed information and written y someone who has done many research about capital punishment. It will be very helpful to back up my thesis. Stamper, Norm. A Former Cop Speaks out Against the Death Penalty. www. deathpenalty. org/article. php. 17 Nov 2007. Web 04/02/2011. The article describes an experience of a former cop, who worked for 29 years at San Diego Police Department. In his opinion death penalty is a waste of money, and fails terribly to reduce crime. Sotto was among the senators who staunchly opposed the RH Law, which was enacted in December 2012. The implementation of the RH Law, however, was halted by the Supreme Court pending legal questions on the legislation. Speech The present situation of the Philippines now is that the country is obviously suffering from poverty. Addition to this, Philippinesââ¬â¢ crime rate is still high. With these issues that devastates the country today, death penalty can be a solution. If death penalty shall be implemented once again in the country, crime rates will possibly decrease. For this can somehow ââ¬Å"discourageâ⬠criminals to kill because fear will be instill in their minds, that is if they still have fear. Since death penalty can lessen criminals, the population of the Philippines will decrease as well. This is an advantage because the current situation of the country is still under the line of overpopulation. Lifetime imprisonment does not only waste the governmentââ¬â¢s money for their food and security rather shall impose to the countrymen that the government is serious about the number of crimes happening in the country. Justice, as we know, can be bought in the Philippines. It is always unfair when a rich criminal is imprisoned than a marginalized criminal forced to did such action because of poverty. Death penalty can erase this gap. The criminals does not only ruin their own reputation but also of the place they came from. Take for example the Maguindanao massacre, are the Ampatuans the only feared of the people or even the place itself? Thus, these killers of the society pollutes the image of the place they came from. Punishment shall be imposed to the criminals with high record in the government. However, this does not include those people who have killed only an individual. This can apply to grave massacres, or related crimes. When death penalty will be impose in the country, the possibility that the freed criminals can kill another person be lessen. Let us not forget that the four walls of religion do not only make who we are. It is only a part of our life. The best for the society shall be implemented in whatever ways. One argument states that the death penalty does not deter murder. Dismissing capital punishment on that basis requires us to eliminate all prisons as well because they do not seem to be any more effective in the deterrence of crime. Others say that states which do have the death penalty have higher crime rates than those that dont, that a more severe punishment only inspires more severe crimes. I must point out that every state in the union is different. These differences include the populations, number of cities, and yes, the crime rates. Strongly urbanized states are more likely to have higher crime rates than states that are more rural, such as those that lack capital punishment. The states that have capital punishment are compelled to have it due to their higher crime rates, not the other way around. Abolitionists also hold the notion that criminals do not fear death because they do not take time to think about the consequences of their acts. If that were true, then I wonder how police officers manage to arrest criminals without killing them. When a policeman holds a criminal at gunpoint and tells him to get on the ground, the criminal will comply fully in the vast majority of of these cases. Why would they do that unless they were afraid of the lethal power of the gun? It is because regardless of what abolitionists claim, criminals are not immune to fear! It is a common misconception to believe that fear is a thought process that has to be worked out with a piece of paper. Its not! It is an instinct that automatically kicks in when one is faced with lethal force!
Monday, March 30, 2020
Saturday, March 7, 2020
How to Use Apostrophes - Proofread My Papers Academic Blog
How to Use Apostrophes - Proofread My Papers Academic Blog How to Use Apostrophes There are two main ways to use apostrophes: to indicate possession or in contractions. You might think that this is a minor issue of punctuation, but correct use of apostrophes helps ensure your written work is clear. Indicating Possession Apostrophes are how we indicate in writing that something belongs to someone or something else. For example, if we were writing about a car owned by Nigel we would add an apostrophe and an ââ¬Å"sâ⬠like this: After breaking down on the freeway, Nigelââ¬â¢s car needed extensive repairs. The same rule applies when describing a quality possessed by or element of something: The carââ¬â¢s top speed was 210 km/h. The exception to this rule is possessive pronouns (such as ââ¬Å"its,â⬠ââ¬Å"hisâ⬠and ââ¬Å"herâ⬠), which do not require an apostrophe. So, for example, the pronoun ââ¬Å"itâ⬠becomes ââ¬Å"itsâ⬠when indicating possession: Nigel loved his car: its top speed was 210 km/h. Itââ¬â¢s worth noting that words which already end with an ââ¬Å"sâ⬠can be modified with either just an apostrophe or an ââ¬Å"-ââ¬â¢sâ⬠: Angusââ¬â¢ grammar was always perfect. Angusââ¬â¢s grammar was always perfect. Both of the above are acceptable; just remember to aim for consistency throughout your work. Indicating Contractions A contraction is an abbreviated version of two words. We use an apostrophe in contractions to indicate missing letters: Do not ââ â Donââ¬â¢t I have ââ â Iââ¬â¢ve You are ââ â Youââ¬â¢re Another common contraction is to add an ââ¬Å"-ââ¬â¢sâ⬠to a word when itââ¬â¢s followed by ââ¬Å"isâ⬠or ââ¬Å"hasâ⬠: David is running late ââ â Davidââ¬â¢s running late His car has broken down ââ â His carââ¬â¢s broken down Itââ¬â¢s important to remember here that ââ¬Å"it isâ⬠and ââ¬Å"it hasâ⬠become ââ¬Å"itââ¬â¢sâ⬠. An apostrophe should therefore only be added in ââ¬Å"itââ¬â¢sâ⬠when used as a contraction rather than a possessive. Its also worth noting that contractions are generally not considered appropriate in formal writing. Plural Nouns Not every word ending in an ââ¬Å"sâ⬠requires an apostrophe. When pluralizing a word, for instance, you donââ¬â¢t need to include an apostrophe before the ââ¬Å"s.â⬠As such the plural of ââ¬Å"dinosaurâ⬠is ââ¬Å"dinosaursâ⬠(not ââ¬Å"dinosaurââ¬â¢sâ⬠). Likewise, the plural of ââ¬Å"bananaâ⬠is ââ¬Å"bananasâ⬠(not ââ¬Å"bananaââ¬â¢sâ⬠). Hopefully this has clarified a few things about how and when to use apostrophes. But since it can be easy to overlook a misplaced apostrophe, itââ¬â¢s always a good idea to have a professional double-check your work.
Thursday, February 20, 2020
Modernism in Design and Architecture Essay Example | Topics and Well Written Essays - 1000 words
Modernism in Design and Architecture - Essay Example The paper "Modernism in Design and Architecture" states modernism and architecture. Ideally, the design will be embedded Jonathan Hill's notion of structure that is to expand the subject matter of planning and explore their interdependence. Traditionally, the purpose of design has been understood as the physical substances used in construction. For this reason, the proposed model will be a hybrid that incorporates the modern and traditional architecture to produce a cross breed that pushes the boundaries between subjects. Accordingly, this will facilitate an amalgam study that covers social, psychological, political, cultural history, art principles, and architecture. The application of a literal or phenomenal transparency in education facilitates communication between the players in a school setting. In his book Architecture the Subject Matter, Hill aims at expanding the subject and matter of architecture as well as examine their interdependence. In its centrality, the book goes bey ond the familiar boundaries of the discipline to reassess the building. In a deeper understanding, Hill depicts that architectural matter is not the physical fabric, but rather the components of an element such as the bricks, words, sound, blood cells, and pixels. From Hill's perspective, the personal perception, visualizing, and analysis of a situation is expounded by emphasizing on breaking the case into its essential elements to have a clear understanding of the situation before making recommendations or conclusions.
Tuesday, February 4, 2020
Crisis Management Research Paper Example | Topics and Well Written Essays - 1250 words
Crisis Management - Research Paper Example The study discusses the crisis that had engulfed Apple Inc. owing to the departure of Steve Jobs. The study conferred on the response initiatives and strategies employed by Apple Inc while managing the organizational crisis. The study also discusses the public relation and crisis communication strategy adopted by the management of Apple while responding to the crisis. The study focuses on the development of the crisis management policies of Apple Inc. The study conclusively provided recommendations to improve the crisis management and crisis communication strategies of Apple Inc. Table of Contents 1 3 Overview 4 Crisis Management 4 Identification of Potential Crisis and the Crisis Management Plan 5 Cases of Organizational Crisis Management 6 Company Background 7 Crisis Management in Apple 8 Identification and Response of Crisis 8 Public Relation & Crisis Management Plan 9 Recommendations and Conclusion 10 Works Cited 11 Overview The management of a crisis in an organization entails d eterrence, planning, examination, assessment and maintenance to lessen the negative outcomes of the crisis. The procedure employed by an organization determines the consequences for those impacted by the crisis, counting customers and society, in addition to the employees and the organization as a whole (American Institute of Chemical Engineers, ââ¬Å"Corporate Crisis Managementâ⬠).à ... rporate Crisis Managementâ⬠).à The study comprises of a comprehensive assessment of organizational crisis management, identification of potential crisis in an organization and the significance of the development of crisis management plans in order to tackle further crisis. This study focuses on the development of the crisis management policies of Apple Inc. The study accentuates on the crisis that had engulfed Apple Inc. due to the departure of Steve Jobs. The study discusses how fast Apple reacted to their latest crisis and how did the company intervene to lessen the damage. The study also discusses the public relation strategy implemented by Apple while responding to the crisis. The study finally offers recommendations for the crisis management and crisis communication policies of Apple Inc. Crisis Management Researchers have described an organizational crisis as a significant unexpected incidence (King, ââ¬Å"Crisis Management & Team Effectiveness: A Closer Examinationâ⠬ ) with a possible negative result (Schrivastava, ââ¬Å"Crisis Theory/Practice: Towards a Sustainable Futureâ⬠) that challenges the endurance of the business organization (Fearn-Banks, K., ââ¬Å"Crisis Communication: A Casebook Approachâ⬠; Fink, S., ââ¬Å"Crisis Management: Planning for the Inevitableâ⬠) by effecting the domestic or external configuration (Pearson & Clair, ââ¬Å"Crisis Theory/Practice: Towards a Sustainable Futureâ⬠, Loosemore & Teo, ââ¬Å"Crisis Preparedness of Construction Companiesâ⬠), or by impacting the legality of the business. Several authors have attenuated that a crisis is not a daily occurrence, but an unforeseen and unanticipated, low possibility incidence that requires or necessitates quick and effective decisions (Platz & Madsen, ââ¬Å"Crisis Management in IT Projectsâ⬠; Pearson &
Monday, January 27, 2020
Scottish Government public services reforms
Scottish Government public services reforms The Scottish Government together with local authorities, partners and stakeholders have initiated reforms in the way in which public services should be provided to achieve ââ¬Ëa sustainable, person-centred system, achieving outcomes for every citizen and every communityââ¬â¢. (Scottish Government 2011a) It is believed that everyone has to make a contribution. The Government set the aims to the services that should be person-centred, seamless and proactive. Services that would allow everybody to have best quality of life and give the full potential of contribution to the communities people live in. The key aspects involved in the public service provision focus on equality, respect and dignity, support in overcoming inclusion barriers and general positive outcomes and well being. The underlined values relate also to the individualised needs such as religion, culture or ethnic. Problems such as growth in public spending, social inequalities, poverty, lack of clarity in what lies behind organizations etc. have their origins in the way different services are funded, planned and managed. However, the aim of the Scottish Government remains unchanged and is to reduce the frustration resulting on long standing problems such as inefficiency of the public services, and the gaps that frequently exist within care systems. (Scottish Government Publications 2000). Researchers investigate what people value most to archive real-life improvements in the social and economic wellbeing of the people and communities. Half of the public finds that the Governmentââ¬â¢s foreground for service provision should be what is good for everyone in society as a whole (Ipsos MORI, 2010). This show that a progress in the development of an integrated public service has already occurred but requires continuation to success. Reaching an understanding It needs to be understood that public services and support systems exist for the society that use them. Evidence such as Christie Commission report (Christie, 2011), demonstrate that the needs have not always been central to the planning of services. The people that use the services often perceive themselves to be not sufficiently informed and not fully able to take part in the growth process of the services. Some changes in the service provision in relation to ââ¬Ëshifting the philosophy ââ¬â¢ have already taken place. This makes the service provision more user centred and allows the user to participate actively in the changes and benefit the majority. (Rose, 2003) Client centredness became the watchword for the twenty-first century; however the progress in the implementation of person-centred planning in practice appears slow. Since devolution, there has been development, changes and new policies for health care, with reorganisations taking place, that are generally called reforms. These refer mainly to patients choice; system efficiency; quality of care and accountability acquired through transparency. In Scotland, for example, the separation of purchasing from provision of health care was abolished (National Health Service and Community Care Act 1990); it is not recommended for the providers to compete; The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations (2011) implemented free drugs prescriptions as well as personal social care for the over-65s (Community Care and Health (Scotland) Act 2002). Recent changes relate to the abolition of primary care trusts (PCTs) and strategic health authorities (SHAs), new commissioning of clinical groups (CCGs) andà Healthwatch England. Other examples of success relate to improving the quality of services that include smoking ban legislation; lower mortality levels or decrease in heart disease and stroke through a number of governmental initiatives. These changes led Scotland to become a leader in public service reforms and made visible improvements for the Scottish society. The systemââ¬â¢s integration with social services discourages provider competition and encourages patient choice and strong performance management. The Scottish Governments 2020 Vision (Scottish Government (a) 2013) aims to enable everyone to live a life that is longer, healthier; possibly at home or in a homely setting. To achieved that the healthcare system that focuses on prevention and anticipation and on the integration with social care. Positive changes improving peopleââ¬â¢s lives do take place at national and local levels. However, studies show that the public are overall more negative about services nationally and show positive stance about local services. This can be reasoned by the affirmative actions in which the public can have a bigger impact on how local services operate and the on the decision making. Public Service Trust states that more than a half (58% ) of the public would like to be actively involved in shaping public services. Although this is more than a half of the public it proves that there is the need for more community and local activity an engagement in relation to the public services in order to reduce and minimise the substantial barriers.(Ipsos MORI 2010) These are only a few examples of the improvement that has occurred due to the governmental actions focused at partnetships between service providers and investment in people. (Scottish Government (c ) (2013) New legislation was introduced ( The Scottish Government (c)2013) to improve the integration of health and social care provision to make care for the citizens better. This affects particularly older people free personal care for them and acknowledging the facts highlighted in the Christie report (Christie, C. 2011) that by 2033, the number of people aged over 75 will increase by 84%. The report ( Christie, 2011) estimates however that additional demands on social care and justice services will be costly ( Although there is evidence demonstrating progress especially in implementing diverse and innovative approaches that appeal to healthcare and social care professionals, practitioners and policymakers there are also many challenges of implementing the client-centerness. Achieving outcomes for every citizen and every community While many professionals espouse the principles of client-centred practice it seems much more difficult to implement these into everyday practice. Health care providers, staff and clients must work together to facilitate changes and ensure that each client receives respectful, supportive, coordinated, flexible and individualized service where standards affirm basic ethical principles, beneficence and social justice. This is however a real change, due to many factors including changes in funding, culture and power relations, as well as in approaches to service management and staff supervision. This is why attention is paid to more openly and transparent performance of the services .This however according to Dr Barry ( Barry, M. 2007) requires comprehensive strategies to ensure fair, good quality but foremost integrated services for people with the knowledge and well structured priorities in relation to their professional and social roles. Across researchers (Ipsos MORI, 2010), it is to see that not all the issues policymakers find important for reforming public services resonate with the general public at the same levels. The fairness, good quality standards of customer service, local control, accountability, personalisation and choice are seen as publicââ¬â¢s key priorities, however the first two aspects seem to be more important to the public. 63% think that standards of public services should be the same for everyone and everywhere in UK and over 47% would prefer greater local decision-making. This could be a consequence of declining trust in politicians. The findings of Ipsos MORI (2008/9) suggest that the citizens would like to feel more welcomed to take a part in an honest debate about the options ahead for public services because information about the scale of the approaching challenges has not reached citizens in a form they understand. This demonstrates the need of more control and choice in the consumer, and facilitates individualised rather than universal services. Roles, relationships and responsibilities of partners within an integrated public service. Many of current public services continue to operate on the basis of the traditional model of service provision. To allow the changes in how resources are managed and allocated to happen there is a growing need for appropriately trained staff and management. However to support the reforming public services change for a well integrated multi-agency working not just at managerial level is needed but a change to the whole culture that governs services. Collaborative working, partnership and community involvement Co-operation that would replace competition is required as well as focus on professional responsibility on meeting the increasing complexity. (Royal College of Nursing, 2004). The collaborative work, in practice should involve joint planning between health authorities both local and national as well as the private and voluntary sectors and education. Working together includes the whole process of researching, assessing, planning, implementing and evaluation. Balancing power relations in partnership across cultures, ethical, political or religious differences play an important role in promoting appropriate services for the service users. Teamwork and partnership often do not operate in an integrated way where the patient or service user would be seen as the central figure. The users involvement is vital. Working together, joining trade unions, expanding knowledge and engaging with local authorities helps find ways to reach excluded and marginalised groups of a society.(Department of Health 2000 a). This is already notable in the programs of most of the political parties. The citizens empowerment is seen as a social manner that can influence and shape the public services to suit better the users need. Giving people a say in the design and delivery of public services. This is however a social challenge as the public opinion research show a decrease from 58% to 47% in disposition to the interests in decision-making related to the local areas. ( Ipsos MORI 2010). This is why people should be motivated to get involved in collaboration and partnerships within the public services, they should be offered the chance to share experiences and discuss actions and widen the pool of resources and skills. The impetus for integration and collaboration has been pointed out in legislations and government policies such as The Vital Connection (Department of Health, 2000a), NHS plan (Department of Health, 2000b) or in the Governments Equality Framework (Department of Health, 2012) This demonstrates clearly that seamless health and social services provision has been a concern of policy makers for many years and that the UK governments underline the need for collaboration. However when the public was asked about getting personally involved in local decision-making, the commitment to involvement in decisions affecting their local area has dropped to 47% from 56%. (Ipsos MORI (2010). This could be one of the explanations why problems continue to exist. Service planning, empowerment and engagement The notion of empowerment is central. This however requires peoples engagement. Research shows that people find that vast majority are more interested in having a say (24%) or in knowing more (47%) than actually getting engaged. The service planning should therefore include informative element how the services are delivered and by whom for the users in order to engage them to recreate services they need. According to the annual Audit of Political Engagement only 11% of adults can be classified as ââ¬Ëpolitical activistsââ¬â¢ and over half the public (51%) have no interests. (Ipsos MORI 2010). It seems that co-making decisions is less important than having the influence to make them. Managers and frontline workers Poor image, desinformation and low pay contribute to general feelings of helplessness among many frontline workers that should be involved decision-making and planning processes (Eborall,2003). Managerial styles need to be empathetic in order for frontline staff to adopt person-centred approaches to their work ( Sherad, D. 2004) A good style helps demonstrate and articulate the values of the organisation, values personal commitment and relationships with the people it supports. Look for ways to use staff interests and strengths in directly supporting people. The style shall rather review itself in decision making and in having a clear vision and direction. This encourages new ideas as well as personal involvement and helps to achieve the purpose as a team. . The Government support management and frontline staff in public services by implementing programmes that lead to integration of health and social care. One of the examples is The Public Bodies (Joint Working) (Scotland) Bill. The act underlines the importance of the integrated work for health and social care provision across Scotland. They both have a key role to play reforming the public services, therefore the reform should involve more educational, council, employer and training bodies to help improve the workforce awareness and leadership development. Also thethird sector organisations should have access to appropriate skills development opportunities, including leadership development .(The Scottish Government ( 2011 b) Summarising it needs to be believed that people learn from the past experiences and improve partnership at local and national levels to build a well functioning system that could seamlessly provide care for the whole community, including people with complex care needs because at the end of the day we do it for us. ( words 2641) References: Barry, M. (2007) Effective Approaches to Risk Assessment in Social Work: An International Literature Review Social Work Research Centre University of Stirling Scottish Executive Social Research [online] available http://scotland.gov.uk/Resource/Doc/194419/0052192.pdf [accessed 11.11.13] Christie, C. (2011) Commission on the future delivery of public services [online] available http://www.scotland.gov.uk/Resource/Doc/352649/0118638.pdf [accessed 01.12.13] Department of Health (2000 a ) The Vital Connection an equalities framework for the NHS [online] available http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4007652 [accessed 11.12.13] Department of Health (2000 b) The NHS Plan: Principles [online] available http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/publicationsandstatistics/publications/publicationspolicyandguidance/browsable/DH_4901318 [ accessed 11.12.13] Department of Health (2012) NHS Outcomes Framework 2013 to 2014 [online] available https://www.gov.uk/government/publications/nhs-outcomes-framework-2013-to-2014 [ accessed 02.12.13] Eborall, C. (2003) The State of the Social Care Workforce in England. First annual report of the TOPSS England Workforce Intelligence Unit [online] available www.topssengland.net [ accessed 10.11.13] Hall, S. (2009) Spending priorities in the benefits system: Deliberative research with the public DWP Research Report No 559. Ipsos MORI (2008/9) Real Trends Slide Pack [online] available http://www.ipsos-mori.com/researchpublications/publications/1191/Real-Trends-Flyer.aspx [accessed 11.12.13] Ipsos MORI (2009) Public Services and Public Spending, RSA Slide Pack Leaders, Parties and spending cuts [online] available http://www.ipsos-mori.com/Assets/Docs/News/news-ipsos-mori-conferences-2009-briefing-pack.pdf [ accessed 18.12.13] Ipsos MORI (2010) What do people want, need and expect from public services [online] available http://www.ipsos-mori.com/researchpublications/publications/1345/What-do-people-want-need-and-expect-from-public-services.aspx [ accessed 12.12.13] Public Bodies (Joint Working) (Scotland) Bill (2013) [online] available http://www.scottish.parliament.uk/S4_HealthandSportCommittee/Public%20Bodies%20Joint%20Working%20Scotland%20Bill/PBJW0073_-_Scottish_Social_Services_Council.pdf [ accessed 01.12.13] Rose, D. (2003) Partnership, co-ordination of care and the place of user involvement Journal of Mental Health, Vol. 12, No. 1, pp. 59ââ¬â70 [online] available http://informahealthcare.com/doi/abs/10.1080/09638230021000058300 [ accessed 01.12.13] Royal College of Nursing (2004) Collaborative working, partnership and community involvement [online] available http://www.rcn.org.uk/development/learning/transcultural_health/multiagency/sectiontwo [ accessed 11.11.13] Sheard, D. (2004) Person-centred care: the emperorââ¬â¢s new clothes? Journal of Dementia Care, March/April, Vol. 12, Issue 2, pp. 22ââ¬â4 The Scottish Government ( 2011 a) Commission on the Future Delivery of Public Services [online] available http://www.scotland.gov.uk/Publications/2011/06/27154527/10 [ last accessed 09.01.14] The Scottish Government ( 2011 b) à £7 million for third sector [online] available http://www.scotland.gov.uk/News/Releases/2011/07/18120453 [ accessed 10.11.13] The Scottish Government (2013 b) Route Map to the 2020 Vision for Health and Social Care (no author) Topics[online] available http://www.scotland.gov.uk/Topics/Health/Policy/Quality-Strategy/routemap2020vision (last accessed 04.10.13) The Scottish Government (2013 c) Scotland leads the way on public service reform (no author) News [online] available http://www.scotland.gov.uk/News/Releases/2013/06/PSR19062013 [ accessed 01.12.13] The Scottish Government (a) (2000) Our National Health A plan for action, a plan for change ( Deacon, S) Publications [online] available http://www.scotland.gov.uk/Resource/Doc/158732/0043081.pdf (last accessed 05.12.13) The Scottish Government 2013 a) 2020 Vision (no author) Topics [online] available http://www.scotland.gov.uk/Topics/Health/Policy/2020-Vision (last accessed 04.10.13) Reading: Social Research (2004) Health and Community Care Research Programme Public Attitudes to the National Health Service in Scotland http://www.scotland.gov.uk/Resource/Doc/26800/0025702.pdf ââ¬â 2004 Survey Research st accessed 04.10.13)Commission on the Future Delivery of Public Services
Sunday, January 19, 2020
Con law essay
Introduction The Lincoln High School seal designed by the School Seal Committee does not violate the Establishment Clause nor does it violate Leslie Fosters or anyone else's right to Freedom of Religion granted by the First Amendment to the United States Constitution. The First Amendment contains the Establishment Clause which states that the government shall make no law ââ¬Å"Respecting an establishment of religionâ⬠. In other words the government shall not endorse religion and it shall not give preference to one religion over another but it does not prohibit the government's entry into religious domain to make accommodations.In this case the way to determine if the governments actions have endorsed religion it is required to apply the Lemon Test, created by the United States and obtained from Lemon v. Kurtzman. The Lemon Test is used to determine whether or not a display violates the First Amendment by endorsing religion. The first prong of the Lemon Test articulates that the government's actions must have a secular purpose. The second prong affirms that the government's action must not have the primary effect of either advancing or inhibiting religion.Last but not least, the third prong expresses that the governments action must not esult in an ââ¬Å"excessive entanglementâ⬠alongside religion. To determine if the Lincoln High School seal is constitutional it must pass all three parts of the Lemon Test Theretore, since the Lincoln High Seal does pass all three parts ot the Lemon Test it is proven that the seal does not violate the establishment clause nor does it violate Leslie Fosters right to Freedom of Religion. Secular Purpose A.Stated Purpose The Lincoln High School seal passed the first prong of the Lemon Test because it has a secular purpose. Although the seal contains religious symbols they are considered secular because the urpose of them being there is to express the diversity among the students that attend Lincoln High to overall repre sent the school itself. For example, according to Lynch v. Donnelly the inclusion of a nativity scene in a city display did not infringe the Establishment Clause because the stated purpose was sincere and it was not a sham.The nativity scene was placed there to show the citys historical background. In Lincoln High School at the beginning of designing the seal the members of the school seal committee were instructed to design and create a seal that represented Lincoln High and its students. The students had many arguments and disputes on how to represent the students because each one of them had different ideas. They did discuss other ways to represent the students but they all agreed that the best way to display the diversity of the students was by the inclusion of the religious symbols.Since the Lincoln High Muslim Societys office had been vandalized by Christian and Jewish students they suggested to add religious symbols hoping to demonstrate the tolerance and respect they felt to ward the views of all the members of the Lincoln High community. The purpose, like in Lynch, was sincere and it was not a sham because they were actually aiming to represent the three most common religions in the school with the purpose to represent the students diversity not the religions the way that the government in Lynch was trying to represent the citys historical background through the nativity scene.Also, In Books v. Elkhart a monument inscribed with the Ten Commandments stood in front of the city of Elkhart's Municipal Building. Forty years after the monuments erection residents of Elkhart County, filed suit against the city alleging that he monument's presence violated the Establishment Clause. The court ruled the monument inscribed with the Ten Commandments to be secular because of its location, outside the Municipal Building, which houses the local courts and local prosecutor's office. This location emphasizes the foundational role of the Ten Commandments in secular, leg al matters.The court stated that a carving of Moses holding the Ten Commandments, surrounded by representations of other historical legal figures, signals respect not for great proselytizers but for great lawgivers. The court found the monument to be ecular because it was surrounded by other legal givers which minimized the religious purpose the monument of the Ten Commandments displayed to the community According to Books the court should look at the totality location of the circumstances to determine the actual purpose of the display.Like in Books, you can determine the actual purpose of the Lincoln High seal by looking at the totality of the circumstances. The religious symbols in the seal portray the role religions have amongst the students in the school in a secular way. Since the religious symbols in the seal are surrounded by other ecular symbols you can infer that the over all purpose is to represent the school not the religious symbols themselves. You can also determine tha t its meant to represent the school and its students because of its surroundings similar to how the Ten Commandments in Books represents a figure of a historical law giver not a proselytizer.The religious aspect in both cases have been proven to have a secular purpose because of their historical backgrounds and the circumstances in which they are present. B. Written Purpose It can also be determined that the Lincoln High School seal is secular by onsidering the leaflet that accompanied the seal. In the leaflet the members of the school committee wrote that the Lincoln High School seal is intended to represent the school, its population, Lincoln Center City and the state of Fordham.They wrote this to explain to the community that would see the seal during its inauguration what the symbols represented. In Adland v. Russ a monument inscribed with the Ten Commandments located on capitol grounds near Kentuckys floral clock lacked any secular purpose because it was unaccompanied by any ot her document. Therefore because of the Ten ommandments distinctly religious nature the pre- eminent purpose for the posting of the Ten Commandments is plainly religious. According to Adland v.Russ, an effective disclaimer can further strengthen the secular purpose of a public display. Unlike Adland the Lincoln High School Seal was accompanied with a leaflet that specifically stated the purpose of the symbols that were included in the seal which overall served to support the claim that the seal had a secular purpose. Effect 1 . Religious symbols The primary effect of the Lincoln high seal did not promote any religion over another because they used the three eligions that were abundant amongst the students.The members of the seal committee did acknowledge the fact that their were other religions practiced by the students who attended the schools and that their were other ways to represent diversity but they chose religion and specifically these three because their was a lot of tension going on between them. They contacted one of the members in the committee's father to ask about the religious symbols that corresponded witn the religions. The members dad happened to be a pastor which benefited them to achieve the information they needed to represent the diversity among he students, not necessarily the religion.The students hoped that by representing all the students as a whole through these religious symbols and the secular symbols the tension would diminish and the vandalizing of the Lincoln High Muslims Societys office would be behind them. The religious symbols that were included in the seal are that Latin Cross, Star of David, and a crescent moon and star. There are religious symbols in the seal but they only take up one third of the seal and they don't advance the religion they exhibit the diversity of the students through religion.The secular symbols integrated in the eal is the school name, school mascot, and a picture of the school. The outline of Fordham and the state flower and bird have been included to represent Lincoln Center City. The description of these symbols is also included in the leaflet accompanying the seal. Two- thirds of the seal is made up of secular symbols while only one third of the seal is made up of religious symbols. The inclusion of these secular symbols minimize the effect that the religious symbols have on the seal simply because their are more secular symbols than religious symbols.In Allegheny v. Aclu a crà ©che donated to the ity by a Roman Catholic group was placed on the staircase of the County Courthouse, the countys seat of government. With a banner it that said â⬠Glory to in the highes tâ⬠. The Court reasoned crà ©che stood alone and contained an unmistakable religious message. Unlike Allegheny the religious symbols in the Lincoln High seal do not stand alone, they are surrounded by other secular symbols which gives off a secular message instead of a religious one.The secular symbols d elude the significance of the religious symbols because it shows that not only the religious symbols represent the school and its students. Therefore, all the symbols are of equal importance. Also in Allegheny another display outside another government building included a menorah and Christmas tree. On the other hand that court held that the menorah and Christmas tree had a secular purpose therefore they did not violate the Establishment Clause.The court noted that the display was not constitutional simply because it included two religions. Rather, it was constitutional because it celebrated the two holidays using what the Court viewed as secular symbols. This made the display, in the Court's view a recognition of the wo holidays, rather than an endorsement of them. Like in the Lincoln high seal the religious symbols are not secular simply because it includes the three religious symbols, but because it represented the schools students and their diversity like it was stated in the le aflet.The religious symbols in The Lincoln High seal, like in Allegheny are viewed as a recognition of the religions in the school rather than an endorsement ot them. According to Allgneny , cou rts nave never required that displays with religious symbols contain a symbol of every religion to be constitutional. In other words a display that contains a religious symbol doesn't not need to have a symbol on every religion in order to be constitutional and not violate the Establishment Clause. The Lincoln High School seal does not need to have a symbol of every religion in order to be consititutional.It is obvious that their are more religions practiced in the school other than the ones provided in the school but it also needs to be recognized that those three religions are the ones that are mostly practiced among the students. The religious symbols don't make the secular symbols religious but the secular ymbols do make the religious symbols secular because it emphasizes what the religi ous symbols are actually representing which is the students and their diversity in the school. In Friedman v.Bernalillo, The case challenges a county government's use of a seal bearing, among other things, a Latin cross and the Spanish motto, ââ¬Å"CON ESTA VENCEMOS,â⬠. While the cross is the primary symbol of Christianity, the Establishment Clause does not prohibit all references to objects of some religious significance. The district court found that a secular legislative urpose is served by the county seal because it is used to promote the appreciation of the heritage, history and cultural pride of Bernalillo County.In the Lincoln High School seal the religious symbols in are used to promote the diversity among the students and represent the school. All in all botn cases the displays nave been rul ed to nave a secular effect even though they contained distinctively religious symbols because like in Lincoln High the seals distinctive religious symbols don't endorse religion because of their purpose. 2. Secular Symbols The secular symbols in the Lincoln High School seal diminish the ffect that the religious symbols portray. In Kuhn v.City of Rolling Meadow she seal contained a church, which was considered a religious symbols. It surrounding secular symbols was a house, a family and trees. It also had city of Rolling Meadows and State of Illinois around the seal. The seal was considered constitutional because of the overall effect was not to endorse religion. The church was more than Just a religious symbol it was a historical symbol as well because of its historical background. Also the secular symbols surrounding it made it obvious so distinguish the fact that the hurch was included to emphasize the citys heritage and culture.The religious symbols in the seal weren't anymore prominent than the secular symbols which reveal that they are all of equal importance. Like in The Lincoln High School seal the three religious symbols also don't endorse religion because its surrounding symbols are secular which reduce the religious meaning that the religious symbols have and make all the seals of equal importance. Like in Kuhn the religious symbols in the Lincoln High seal are not more prominent than the secular symbols in the seal and they don't ave anything special to them that distinguish their importance from the other seal.With the inclusion of the secular symbols the religious symbols in the Lincoln High seal do not have an overall effect of endorsing religion. Rather, its overall effect is to represent the diversity in the school. In FFRF v. City of Wyoming the seal contains a house a golf course, a house, a building and a chapel. In this case it was also determined that the seal is constitutional because of its secular symbols. The golf course, building, and house all represent the City of Wyoming, Michigan.
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