Friday, January 31, 2020

Fare .v. Michael. C Case Study Example | Topics and Well Written Essays - 500 words

Fare .v. Michael. C - Case Study Example Additionally, despite the defendant claiming that, police officers violated his Miranda’s Fifth Amendment right of being silent; he is ignorant of the law. Since, regardless of stating the right of silence, which the police violated, he waived the law by admitting interrogations when he had already declined (Scherr & Madon, 2012). The case entails a murder committed by an unknown person but after the arrest of Michael C. by the police and interrogating him while, in custody, they find him quilt. Hence, they file a case against him claiming the defendant was involved in the murder of Robert Yeager where he ought to face the law (U.S. Supreme Court, 1966). However, the defendant claims that, what he uttered during the interrogation was due to the police’s compulsion; hence, they did violate his Fifth Amendment. Therefore, the information attained in this manner according to him, the court cannot utilize it in determining his fate before the court of law. Conversely, the court rules he was aware when he chose to continue with the interrogation despite the soldiers informing him about his privileges; so his action was due to ignorance (Scherr & Madon, 2012). The court eventually resolves that the defendant gave the required information voluntarily thus; California’s court erred in admitting there wa s an invocation of the right of silence when he asked for a probation officer instead of an attorney (Blackmun, 1979). The court holds that, California’s Supreme Court erred in stating there was an invocation of the defendant rights of inquiring the probation officer to be present during the interrogation incident (U.S. Supreme Court, 1966). This is because the probation officer despite charged with the responsibility of safeguarding the defendant rights, his capacity does not qualify him to replace an attorney in legal matters. Since, the probation is a state’s employee responsible for ensuring the defendant’s conduct especially in

Thursday, January 23, 2020

The Continuant Domination of The Aboriginal People Essay -- Canada Can

The Continuant Domination of the Aboriginal People In any Canadian history class we learnt about how the Europeans settled in Canada to build a new life. Furthermore, as kids we have always learnt that Christopher Columbus had discovered Canada as an empty piece of land, with no habitants whatsoever. (Flashback Canada, 1994) These statements are false. Native Canadians had already been living in Canada, and the European settlers basically just moved tight in regardless. Setting up their own Government, and being the aggressor in the country took control of everything the aboriginals had. It was said that to the aboriginals it looked like â€Å"mercantilists wanted our furs, missionaries wanted our souls, colonial governments, and later, Canada, wanted our lands.† (Razack, 2002) The purpose of this paper is to show how the government of Canada, also known as the majority has taken advantage of the native peoples of this country. This has happened in many ways, but one of the most important techniques is land control. In addition, the treatment of the aboriginal people in Canada demonstrates how the dominant group utilizes the technique of land control to dominate the minority group. This is can be seen though the forcing of the native people to relocate, how the government responds to land claims made by the natives, and how the aboriginals have to settle for insufficient land. Throughout history in Europe, there was a concept of inalienability of sovereignty, meaning that people who were inhabitance of a colony firstly, did not have to adapt to ways and laws of other settlers. (McNeil, 2002) This was not the case when European settlers came to Canada, and forced the concept of assimilation upon the aboriginals who already resided in the country. The dominant group forced them to relocate to reserves, and as well forced them to abide by their laws, even though it was not based on the political philosophy of Europe. Reasoning being, the government wanted to have control of the land that was occupied by the Indians, because the government could use the land to develop business which can help them build the economy. (Aboriginal Rights Coalition, 1999) In addition, any resources that were available would be controlled by the dominant group, because they wanted to have control of the resources, because it could be used in trade with other countries. (Abor... ... great financial affect upon the aboriginals. This was just another technique used, by the government to stay on top. Even though they were given some land by the state, it was insufficient land to live on and the natural resources that the aboriginals required to have a good state of living were altered purposely, and nothing the aboriginals could do about it. In addition, even though things are getting a little bit better for the aboriginals, it will take a lot of compensation to make up for the years and years of dreadful treatment. Works Cited McNeil,Kent. "Self-government and the inalienability of aboriginal title." McGill Law Journal 47 (n.d.). Moore, Doorathy. UN doc. York University, Toronto. 9 Feb. 2005. Moore, Dorathy. Dimentions of Racism. York University, Toronto. 13 Oct. 2004. Razack, Sherene. "Race, Space and Law: Unmapping a White Settler Society." Between the Line (2002): 26-30. Redbird, Duke. "A Metis View of the Development of A Native Canadian People." Rev. of Aboriginal Rights and Land Claims. Usher, Peter. "Environment, race and nation reconsidered: reflection on Aboriginal land claims in Canada." The Canadian Geographer 47 (2003).

Wednesday, January 15, 2020

Buddhism: The Foundation, Development and Beliefs

Though the other divisions of Buddhism have altered their practices to accommodate the needs of a wider range of people, Theravada has remained virtually the same as it was at its founding. Theravada Buddhism is the original and most popular form of Buddhism in Sri Lanka, Thailand, Laos, Cambodia, and Myanmar. Theravada remains closest to the original teachings of the founder of Buddhism, Siddhartha Gautama. Siddhartha Gautama is the original founder of all forms of Buddhism. He was born in present day Nepal around 563 B. C. E. He was a prince of the Shakyas clan, and likely heir to his father’s throne.He was named â€Å"Siddhartha† which means â€Å"he who has attained his goals. † Being the prince of the warrior caste, he trained in the arts of war and grew up to be a strong and handsome young man. When he was at the age of sixteen, he fought and defeated his competitors in a variety of sports, which won him the hand of the beautiful princess Yashodhara, who wa s also sixteen years old at the time. He continued living in the luxury of his palaces. Soon, however, he grew restless and began to wonder what happens outside the palace. He eventually insisted to be permitted to come out of the palace so he can see his people and his lands.For fear of the prince leading a religious life, the king ordered that only young and healthy people should greet the prince so that he will not see the kind of suffering. However, even with the king’s careful orders, he still caught sight of a couple of old men, who accidentally wandered near the parade route, at Kapilavatthu, the capital. Curious of who these people were, he chased after them. He then came to a place where some people are desperately ill and even came across a funeral ceremony by the side of the river, seeing death for the first time in his life.Siddhartha saw four sights: a sick man, a poor man, a beggar, and a corpse. When he caught sight of these, his heart soon filled with vast lon eliness for the suffering that humanity has to go through. He then asked his friend and squire Chandaka what those things meant. Chandaka told him that all of us grow old, sick and eventually, die, saying that these truths should have been told to him before. (Boeree, 1999). He said upon seeing these realities: â€Å"When ignorant people see someone who is old, they are disgusted and horrified, even though they too will be old some day. I thought to myself: I don’t want to be like the ignorant people.After that, I couldn’t feel the usual intoxication with youth anymore. When ignorant people see someone who is sick, they are disgusted and horrified, even though they too will be sick some day. I thought to myself: I don’t want to be like the ignorant people. After that, I couldn’t feel the usual intoxication with health anymore. When ignorant people see someone who is dead, they are disgusted and horrified, even though they too will be dead some day. I tho ught to myself: I don’t want to be like the ignorant people. After than, I couldn’t feel the usual intoxication with life anymore. † (AN III.39, interpreted) (Boeree, 1999) He also saw an ascetic or a monk who has abandoned all the pleasures and cravings of the flesh. What struck Siddhartha the most is the peaceful expression on the monk’s face, which left a deep impression on him. Going back to the palace after this and despite having what appeared to be the perfect life of luxury, Siddhartha became very discontent with the material world and decided to leave his family. He realized that he could no longer live happy with the thought that, even with all their luxury, there would still come a time that he will suffer and die.With these thoughts, he soon wondered what he may do so that he can overcome suffering, more than anything else. He left his privileged life as a prince and ran away to the forest in search of spiritual understanding. For a while, he s tudied with two well-known gurus of that time but soon found that their practice is not enough to answer his question. That was when he began to follow the practices of a group of five ascetics: austerities and self-mortifications. For six years, he practiced with utmost sincerity and intensity that the five ascetics became his followers before long. However, he still did not find the answers he was looking for.He decided to double his efforts by refusing food and water until he was in a state of near death. One day, Sujata, a peasant girl saw this starving monk. She took pity on him and offered him to eat some of her milk-rice. Soon, he realized that self-mortification still do not help him answer his questions. He decided to carry out a practice that will be middle way between the extremes of luxurious and self-mortification life. For many days, Siddhartha sat beneath a particular fig tree, called the bodhi tree, in the town of Bodh Gaya, vowing that he will never stand up until h e found the answers to the problem of suffering.At first, he deeply concentrated in clearing his mind from all distractions, and later on, in mindless meditation. They said that he started to recall all his previous lives, and see everything that was going on in the entire universe. He became the Buddha, meaning â€Å"he who is awake†, with the rising of the morning star on the full moon of May, when he finally found the answers he was looking for (Hooker, 1996). He spent the next forty five years teaching others about the path to enlightenment. After an exhaustive ministry he died around 483 B. C. E. During his life, none of Siddhartha Gautama's teachings were ever written down.During the following 100 years after his death, Buddhism spread throughout India and Sri Lanka. A group of Buddhist monks held a council in the Capital city of Patna, during the third century B. C. E. , to come to a consensus on what the original teachings of Siddhartha were. When the council came to agreement about Siddhartha's true original teachings, the teachings became the doctrine of Theravada Buddhism. Theravada Buddhism has not deviated from this doctrine since. Theravada Buddhism's main goal is for the individual practitioner to reach Nirvana.This is accomplished by realizing the very foundation of Buddhism which was the â€Å"Four Noble Truths†: The Four Noble Truths: 1. ) All human life is suffering (dhukka ). 2. ) All suffering is caused by human desire, particularly the desire that impermanent things be permanent. 3. ) Human suffering can be ended by ending human desire. 4. ) Desire can be ended by following the â€Å"Eightfold Noble Path†: right understanding, right thought, right speech, right action, right livelihood, right effort, right mindfulness, and right concentration (Bullitt, 2005).The practitioner must also follow the Eight Fold Path; 1. ) right view, 2. ) right resolve, 3. ) right speech, 4. ) right action, 5. ) right livelihood, 6. ) righ t effort, 7. ) right mindfulness, and 8. ) right concentration. The council all also agreed in practicing the â€Å"Four Cardinal virtues† which were friendliness, compassion, joy, and equanimity. During the onset of Buddhism, the religion comprised of only very few followers making it relatively insignificant among the vast variety of Hindu sects.But when Asoka, the great Mauryan emperor converted to Buddhism in the third century BC, the young and insignificant religion soon spread profusely throughout India and was carried across the Indian Ocean to Sri Lanka. Just like rumors change as they are spread from person to person, Buddhism was slightly altered over time. The original form Theravada Buddhism, held its ground in Sri Lanka as the Buddhists of Sri Lanka maintained a form that was most similar to the original form of Siddhartha's teachings. On the other hand, the rest of India, then the world in general later on, Buddhism fragmented into a million sects and versions.T heravada Buddhism requires intensive meditation. To follow his form of Buddhism requires the practitioner to devote a lifetime to its practice, thus making it difficult or even imposable for the average modern person to commit to such an undertaking. Despite the extreme demands of Theravada Buddhism, it is gaining popularity in Singapore, Australia as well as other parts of the western world. There are over 100 million Theravada Buddhists worldwide. Theravada has had less success spreading than other forms of Buddhism.Forms of Buddhism such as Zen are much more user friendly and are less demanding. Theravada Buddhism might not be the most popular, but it remains true to teachings of the genius who founded the religion. Just as well, Buddhism is in fact, a way of life. References: Boeree, D. C. G. (1999). The Life of Siddhartha Gautama. Retrieved February 21, 2007, from http://webspace. ship. edu/cgboer/siddhartha. html Bullitt, J. (2005). What is Theravada Buddhism? Hooker, R. (1996 ). The Historical Siddhartha [Electronic Version]. Retrieved February 21, 2007 from http://www. wsu. edu/~dee/BUDDHISM/SIDD. HTM.

Tuesday, January 7, 2020

Legal And Ethical Issues Of Nursing - 1993 Words

Legal and Ethical Issues in Nursing NSG 4070 Week 5 Assignment 2 South University Clark, S. Introduction Judie has been a faithful employee for the past ten years of the hospital she is employed at. For several months, Judie has been experiencing feelings of frustration and dissatisfaction in her position as nurse manager. Her concerns are both for her professional career as well as how it directly impacts her personal life. Judie feels that the organization is demanding more of her time and consuming more of the time she could be spending with her two children. In addition, she feels that the organization has cut back on their budget for staffing and she feels this has affected patient care in a negative way. This†¦show more content†¦Her desire is to provide for them a loving and supportive home, while maintaining a long and valued career as a nurse at the hospital. She takes her role as a nurse and patient advocate very seriously. Judie is ethically driven to provide a safe and nurturing environment for both her children at home and her patients at work. Nurturing is an in nate characteristic that a parent and mother possess, and also a good nurse. Judie and I certainly share that value, and its reflected both in our feelings regarding our career and our parenting. Fidelity is a value that I hold steadfast to both as a mother and a nurse. We as nurses are called upon to care for individuals when they are ill and vulnerable, and our role is to promote beneficence. Conflicts Judie has been experiencing cut backs at work in regards to the hospitals budget, and these cuts have impacted the quality of patient care. She is feeling conflicted because she feels that she is unable to adequately fulfill her duty of nonmalficence. Budgets are a necessary part of running a successful company or business, however, if these budget cuts negatively impact a nurses ability to deliver adequate patient care than that poses an ethical dilemma for the nurse manager (Judie). According to the Institute of Medicine (IOM), in 1999, the nations healthcare system seems to be fractured, error prone, and harmful to the point that it jeopardizes patient safety. (Kizer Stegun, 2005) Recognizing this as