Disruptive Behavior in Classroom

Problematic Behavior in Classroom As indicated by Utley (2002), the measurements of savagery and control issues in government funded school demonstrated that forceful and vicious practices are expanding among youngsters and youth in schools and that school discipline is basic to the counteraction of understudy conduct issues. Pioneers of instructive associations are endeavoring to tackle the issues through exploration and afterward executing different arrangements. Problematic practices are happening all the more oftentimes in instructive offices. Troublesome practices intrude on study hall guidance which thus has a noteworthy negative effect on all understudies. Understudies with conduct issues may strain even the most skilled homeroom educator. More youngsters from upset homes are bringing all around created examples of introverted conduct to class. Their problematic, forceful, and insubordinate conduct (a) burns through showing time, (b) disturbs the learning procedure of different understudies, and (c) undermines the wellbeing of others (Walker, Ramsey, Gresham, 2003). Realizing that understudies perform better in study halls that are protected, secure, and systematic is one of the most significant ideas instructors learn and endeavor to keep up Need to include references (Christensen, Marchant, Young, 2004; Horner, Sugai, Lewis-Palmer, Todd, 2001; Utley,Kozleski, Smith, Draper, 2002). In any case, general training study hall educator reviews routinely recognize discipline as one of the themes considered generally significant or needing improvement (Witt, VanDerHeyden Gilberston, 2004). An investigation demonstrated that general training educators wrote about normal, one out of five of their understudies displayed troublesome practices and one of every twenty showed forceful practices to the point mediation was vital (Myers Holland, 2000). Those that are altogether in danger for school disappointment are youngsters who show conduct issues at an early age. Problematic conduct is an understudy started act that ranges from lateness to brutality. It might comprise of conduct that is impolite, hostile, or compromising and may introduce itself genuinely, verbally, or mentally. It has a negative effect in any learning condition and meddles with the learning exercises of the culprit and different understudies. It must be remembered that all disturbances, paying little heed to apparent earnestness, degrade scholarly learning time. Indeed, even little, irritating issues, for example, lateness can make a significant issue for instructors and individual understudies and should be managed speedily (DeFrance, 1997). Various names exist when portraying sorts of conduct youngsters display, for example, vicious, forceful, oppositional, testing and troublesome. As indicated by Kaiser and Rasminsky (2003), clinicians regularly characterize hostility as conduct that is planned for hurting or harming others. Every one of these practices, sway the understu dy, educator and study hall condition. There are various explanations behind the negative practices that an ever increasing number of understudies are displaying (Greene, 2001). As per Adelman and Taylor (2002), between 12-22 percent of all youngsters in schools experience the ill effects of mental, passionate, or social issue. A large number of these understudies don't react to conduct procedures and desires that work with different understudies. Hardman (2003) expressed that for most optional teachers, keeping up homeroom discipline is a day by day worry that can be fulfilling and furthermore a wellspring of dissatisfaction. All the time, educators and staff individuals are influenced by the outrageous difficulties that these understudies make. These extraordinary difficulties incorporate persistently talking amiss, mindlessness, uneasy, demonstrations of disobedience, rebelliousness, and pugnacity (Boynton, 2005). The Association of School Counselors reports that 18% of understudies have uncommon needs and require phen omenal mediations and medicines that go past the normal assets accessible to the homeroom (Dunn Baker, 2002). In spite of the fact that study hall educators may not be in a situation to legitimately support understudies with these kinds of requirements, instructors must be well-prepared to address the issues all things considered. Various variables can impact understudies study hall practices, and instructors must be set up with techniques and models to deal with the homeroom effectively to guarantee a situation helpful for learning. Instructors keep on depending on customary control rehearses that for the most part include discipline, particularly for the most testing practices. The supposition that will be that discipline based order actualized because of rule infringement will dissuade future events and by one way or another educate and advance all the more star social aptitudes (Sugai Homer, 2002). The zero resistance way to deal with discipline has demonstrated incapable in diminishing issue conduct (Skiba, 2002). Zero resistance approaches started being embraced in response to an expansion in brutality in schools just as society. Schools are responsible for teaching understudies; notwithstanding, they are continually suspending understudies for minor infractions (Cox, 2009). It was accounted for in 2008 in USA Today, that a huge number of understudies are suspended every year from Maryland schools for minor infractions under the zero resilience strategy. Nine percent of understudies were suspended with the higher rate being African Americans, custom curriculum and young men. There is expanded enthusiasm for programs intended to diminish issue conduct and social referrals (Tidewell et al., 2003). The Classroom Management Checklists (reference sections A, B, C) furnishes instructors with depictions of viable models and techniques in which educators can use and screen in their study hall every day. In spite of the fact that the significance of study hall the board is generally perceived in research, its definition is slippery (Marzano, 2003). Marzano (2003) characterized study hall the board as the accompanying: Study hall the board is the intersection of educator activities in four unmistakable zones: (1) setting up and implementing rules and methodology, (2) completing disciplinary activities, (3) keeping up compelling instructor and understudy connections, and (4) keeping up a fitting mental set for the executives. Just when viable practices in these four zones are utilized and working in show is a study hall successfully oversaw. (p.18) One investigation of five many years of exploration on homeroom the board evaluated around 228 factors impacting understudy accomplishment. Nothing, it found, influenced understudy accomplishment more than able study hall the board (NEA Today, 2004). What's more, research has given us that educators activities in their study halls have double the effect on understudy accomplishment as do school approaches with respect to educational plan, evaluation, staff collegiality, and network inclusion (Marzano, Marzano, Pickering, 2003). Tragically, the usage of positive and proactive conduct approaches in our government funded schools is uncommon (Snell, 2005). Rather schools frequently depend on less successful receptive and exclusionary approaches that upset understudies instructive advancement (Christle, Jolivette, Nelson, 2007). END OF INTRODUCTION School discipline has consistently been seen as fundamental for the correct working of a state funded school. Desires are evident that control is fundamental for understudies to learn and that instructors are relied upon to set up and keep up very much taught schools (Covin, 2007). All partners verifiably have invested wholeheartedly in keeping up very much restrained schools. The accompanying featured are originates from asset spared as disst Resource 2.8.10 As per Sugai (2007), schools are perplexing conditions where abilities, information, and practices of a culture are educated, formed, supported, and transmitted. Instructors are tested to give compelling and express guidance that boosts understudies information on ideas and abilities. In the instructive condition, understudies are tested to stay engaged, responsive, and connected with to profit by guidance. These objectives are enhanced and muddled by understudies with different learning styles, one of a kind qualities and shortcomings, and characterizing social impacts. Moreover, schools, understudies, and families must adjust to augment profits by the school understanding. In any case, there keeps on being a developing worry about the quantity of troublesome practices and absence of order in the instructive office (Covin, 2007). These troublesome practices make it all the more trying for instructors to achieve objectives. Luiselli, Putnam, Handler, and Feinberg (2005) expressed, Many understudies going to state funded schools show discipline issues, for example, problematic study hall practices, vandalism, harassing, and savagery. . . Setting up viable order rehearses is basic to guarantee scholastic achievement and to give a sheltered learning condition (p. 183). As per McAdams and Lambie (2003), government funded schools are confronting expanding difficulties with respect to the ascent in problematic practices among youngsters. Curwin and Mendler (1999), incorporates indistinct cutoff points, understudy fatigue, feeling of disappointment and assaults on understudy pride, absence of adequate outlets for emotions and a feeling of feebleness as fundamental reasons for discipline issues. Understudies at the rudimentary level are getting increasingly savage. They are kicking, gnawing, scratching, and hitting both their colleagues and instructors (Toppo, 2003). Numerous instructors are amazingly worried about the threat and turmoil in school situations. Staggering situations of savagery in schools have made instructors, executives, guardians, and youngsters mindful that viciousness can happen anyplace in the United States. Nonetheless, contrasted with different settings as far as truly security, most schools are sheltered conditions (Dwyer, Osher, Hoffman, 2000). Around, 3% of educators and understudies in urban schools and somewhere in the range of 1% and 2% of instructors and understudies in rustic schools are assaulted genuinely or ransacked every month (Cotton, 2007). These kinds of extraordinary troublesome practices in a school setting are an ever-expanding co

The Role of Science in Crime Reduction

Natural science, explicitly scientific pathology, has become a significant instrument in common and criminal examinations because of its capacity to decide the reason for death of an individual (Naples et al. 2010, 162). It assists with deciding how an individual kicked the bucket, what were the specific causes and to decide if treachery was engaged with the demise (Naples et al. 2010, 162).Advertising We will compose a custom article test on The Role of Science in Crime Reduction explicitly for you for just $16.05 $11/page Learn More It is a part of science that includes really picked up ubiquity inside late years because of the hit TV arrangement â€Å"CSI: Crime Scene Investigations† which has glamorized the activity of a legal pathologist and has made the general idea that most wrongdoings can be settled by measurable pathologists should the best possible proof be gotten. Present day innovation alongside continually improving strategies in measurable examination have broug ht about a plenty of ideas, techniques and systems from which a scientific pathologist can attract on so as to unravel a case. The job of legal examiners goes past just breaking down and unraveling a case but instead goes about as a strategy for wrongdoing decrease through which the blameworthy are put in a correctional facility to shield the remainder of society. DNA Analysis Perpetrators of savage violations have an inclination for abandoning DNA proof bringing about their ensuing catch once the follow measures of DNA are analyzed. Murders, attackers and other brutal crooks consistently appear to accept that there would be no conceivable technique for specialists to follow them in the event that they don't desert anything at the wrongdoing scene. What they neglect to consider is the way that there is nothing of the sort as the ideal wrongdoing and that single direction or another some type of proof is deserted. This can come as skin scrappings situated under the casualties fingern ails, nibble blemishes on the speculates body, bits of hair, dried semen or even eyelashes can be utilized as potential examples for DNA investigation so as to get hoodlums. The U.S. alone has one of the most broad criminal DNA databases on the planet where all it would take is the snap of a catch to contrast a DNA test today and one taken years back when an individual was captured (Gabriel et al. 2010, 396). This has brought about intense drop in the measure of savage crooks that have been permitted to go free because of absence of proof which subsequently guards the general public. Finger impression Analysis The human finger impression is a one of a kind distinguishing mark that can interface a person to a scene of a wrongdoing bringing about their resulting capture should it be demonstrated that they were simply the culprits of the demonstration. Most hoodlums appear to be unconscious of is the way that essentially any surface can hold an engraving of a human unique mark for a sp ecific time span. This is because of the way that the hands of all people mystery a mix of oil and sweat that when joined structure a slim layer covering the hand.Advertising Looking for article on criminology? How about we check whether we can support you! Get your first paper with 15% OFF Learn More When squeezed upon a surface this meager layer is hence moved on a superficial level itself bringing about unique mark. Not just have new unique finger impression identification techniques been developed yet the ensuing computerization of finger impression recognition frameworks implies that it is currently far simpler and quicker to think about finger impression records from a wrongdoing scene with those from a person that has been captured for a rough wrongdoing (Dias and Dingeman 2004, 22). Reason for Death Analysis Autopsy methods have progressed to such an extent, that they can decide the time and reason for death and on account of injustice what specific sort of weapon or toxic s ubstance was utilized to kill an individual (Chapter 4 2004, 56). Getting crooks isn't generally an instance of discovering DNA proof or fingerprints, planned wrongdoings regularly include cautious arranging and deception so as to trick legal specialists and police criminologists the same into accepting a wrongdoing was submitted by another person other than the culprit in their middle. It is dependent upon criminological agents to look at the reason for death of the person in question and contrast it with the story given by different suspects at the scene so as to figure out who the culprit of the wrongdoing truly is. Reference List Chapter Four. 2005. Analyzing the Body. Pathology 56. EBSCOhost . Dias, Gary, and Dingeman, Robbie. 2004. Part 2 Fingerprints. Honolulu CSI 22. EBSCOhost . Gabriel, Matthew and others. 2010. Past the Cold Hit Measuring the Impact of the National DNA Data Bank on Public Safety at the City and County Level. Journalâ of Law, Medicine Ethics 38, no. 2: 3 96-411. Naples, Virginia and others. 2010. A Skeleton Tells Its Own Story ForensicAdvertising We will compose a custom exposition test on The Role of Science in Crime Reduction explicitly for you for just $16.05 $11/page Learn More Analyses of Skeletal Elements for the Science Classroom Laboratory. American Biology Teacher 72, no. 3: 162-171. This exposition on The Role of Science in Crime Reduction was composed and presented by client Keyon U. to help you with your own examinations. You are allowed to utilize it for research and reference purposes so as to compose your own paper; be that as it may, you should refer to it likewise. You can give your paper here.

How to Write a College Admissions Essay - Important Tips for Writing a High School Students Essay

How to Write a College Admissions Essay - Important Tips for Writing a High School Student's EssayYour college application is probably one of the most important documents you'll ever receive in your life, but that doesn't mean you have to write an essay that you've never read before. Rather, using the right format can help you produce an essay that is as effective as it is well-written. So, how do you write a college admissions essay?First, make sure that the essay is of an appropriate length. There are many different formats that would work for different types of essays. Also, you may want to consider making the essay longer if it turns out to be longer than you anticipated.It's not difficult to learn how to write a college admissions essay. As long as you pay attention to the format and make sure to read the essay you've written over again until you're happy with it, you should be able to produce a winning essay. You can even skip reading the college admissions essay you've written over again until you're completely satisfied with it. As long as the paper is good enough to pass the review board, then you've written an acceptable essay.To begin, you'll need to choose a topic for your essay. Think about the type of student you're writing for. Perhaps you're writing about a high school student who is applying to college. You may want to use a student's past experiences to guide you in the writing of your essay.Look back at past experiences that helped shape the person you're now. For example, if you were involved in sports, you may want to write about your participation in the sport. Maybe you played volleyball as a freshman. Just remember that the person you're writing about has already established that the experiences that he or she has had can be valuable in the process of studying for the admissions test.Another thing to consider is the current events in the student's life. If the student has already graduated, it's a good idea to write about how the event a ffected him or her later on in life. The college admissions essay is meant to tell someone about what the admissions test will involve. If the applicant made new friends, wrote a poetry book, or traveled to Europe for a semester, why not include these experiences in the essay?Even if the student is not in the process of taking the college admission test, you may still want to include some events from his or her life in the essay. Keep in mind that the student already has the perspective of what it will take to get into college. He or she probably has a rough idea of what the college application will entail. By including events from his or her life, you are creating a personal experience that will give the reader something to relate to. This will help them feel more comfortable as they read your essay.When you're writing a college admissions essay, it's best to write about your own experiences and then take what you've learned and apply it to the applicant. The purpose of your essay is to provide the reader with insight about what you expect to find when looking at a person's application.

Essay - 3555 Words

When discussing fashion women often talk about the amazing dress they picked up or the sexy peep toe heels that they just couldn’t bare to pass by, however, very often does one think of the bra and its impact on fashion history. A necessary evil in most women’s lives the â€Å"over the shoulder boulder holder† has been around since ancient times in some form or another. Before the invention of the brassiere women were suffocating in corsets that resulted in crushed rib cages and damaged reproductive organs. But in 1914, Mary Phelps Jacob changed all that by stitching together the very first bra. The rest, they say, is history. History of the Bra Each and every day millions of women wake up and reach into their dresser drawer to†¦show more content†¦An ill fitting bra dramatically under minds your efforts to look your best. Difference | Standard cup size | 0†³-1/2†³ (1.3 cm) | Cup AA (AA) | 1/2†³- 1†³ (2.6 cm) | Cup A (A) | 2†³ (5.1 cm) | Cup B (B) | 3†³ (7.6 cm) | Cup C (C) | 4†³ (10.2 cm) | Cup D (D) | 5†³ (12.7 cm) | Cup DD or Cup E (DD) | 6†³ (15.2 cm) | Cup DDD or Cup F (E) | 7†³ (17.8 cm) | Cup G (F) | 8†³ (20.3 cm) | Cup H (FF) | 9†³ (22.9 cm) | Cup I (G) | 10†³ (25.4 cm) | Cup J (GG) | 11† (27.9 cm) | Cup K (H | Im about to get as girly as this blog has ever been, guys, so fellas? Yes, you - I know youre out there! Yeah, look, unless youre a guy who likes reading about lady boobs and lingerie, you may want to skip this one. Although I promise to throw in some fun geeky bras every now and then, just to keep it interesting: You know how you always hear that something like 90% of women wear the wrong size bra? Id heard that, too, but never thought much of it. Sure, my bra straps were constantly falling down and the wires were always jabbing me in the sides and Id been convinced I was just shaped like a mutant for most of my life, but GOSH DARN IT I WAS ONE OF THE 10% GETTING IT RIGHT. The first modern brassiere was patented by the German Christine Hardt in 1889. Sigmund Lindauer from Stuttgart-Bad Cannstatt, Germany developed a brassiere for mass production in 1912 and patented it in 1913. It was mass-produced by Mechanischen Trikotweberei Ludwig Maier und Cie. in Bà ¶blingen,Show MoreRelatedWhat Is an Essay?1440 Words   |  6 PagesBuscemi Essay #3 Rough Draft An essay is a creative written piece in which the author uses different styles such as diction, tone, pathos, ethos or logos to communicate a message to the reader using either a personal experience, filled with morals and parables, or a informative text filled with educational terms. 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What is a process essay? How do you go about writing one? How do you get the A you so desperately need? This paper will discuss everything one needs to know in order to write the perfect process essay such as the definition of a process essay, how to construct it, and how to use proper transitions to make the essay flow. Read MoreEssay763 Words   |  4 PagesCan’t be Built on Soccer Fever† and â€Å"Na Na Na Na, Hey Hey, Goodbye† In Jonathan Zimmerman’s essay â€Å"African National Identities Can’t Be Built on Soccer Fever† he describes how soccer brings the people of Africa together. He talks about the unity of Africans and how much soccer is a part of their lives. He also describes the underlying reason of why soccer is so heavily pushed. 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Theme and Technique in Films - 1212 Words

Films are about some topics or themes and involve different types of characters. Many filmmakers use a variety of techniques to convey their messages. The choice on the type of the techniques depends on the theme of the film and how effective the filmmakers want to communicate their ideas. This essay aims at illuminating theme and technique in films basing its argument on Alfred Hitchcock’s movies; Notorious movie, Rope, and Strangers on the Train. Alfred Hitchcock was a director of movies and his place in the film studies is unrivalled. He is famously known due to his brilliant plots, witty dialogue, and his ability to tell stories visually. This unique ability brought a new revolution in the film industry that made him become a very†¦show more content†¦However, Guy and Anne manage to stop him and reveal the truth to the police. Apparently, the three movies feature the theme of murder in the society. In the movie ‘Rope’, Brandon and Philip reveal their obsession with murder. They see the act as a way of expressing superiority and autonomy. Before the act, they had listened to Rupert speech who advocated the murder as a solution to some social problems such as employment and poverty. They take these words literally and execute the murder. Rupert was a follower of Neitzsche and Ubermenschen theories of murderer (Denzin 2008). Alfred Hitchcock seems to direct camera at Brandon, who imagines how murder could be executed and then goes ahead to do that. Alfred Hitchcock communicates the theme of murder in a different way in the movie ‘Strangers on a train’. Brumo meets with Guy, and he convinces him to murder Brumo’s father and in return Brumo will kill Mariam. Brumo goes ahead and murders Mariam. He demands the same for Guy. In the Morton Party, Brumo does not only discuss murder but also demonstrate on Cunningham’s neck (Denzin 2008). The theme of murder is also evident in the movie ‘Notoriousâ€⠄¢. After discovering that Alicia is a spy who is investigating their group, Sabastian plans to murder her silently. Sabastian is already in love with Alicia. However, after his discovery that Alicia was a spy, he is ready to poison her so that he does go against the group. At last, heShow MoreRelatedFilm Techniques Used to Emphasize Themes in V for Vendetta971 Words   |  4 PagesFilm techniques used to emphasize themes in V for Vendetta In the film V for Vendetta, the director, James McTeigue uses symbolism, costume and dialogue to emphasise the idea of everybody having a right to individuality, and the right - and duty – to resist forced conformism. James McTeigue uses symbolism in the film V for Vendetta to juxtapose the idea of individuality and the resistance of forced conformity. The first important symbol used in the film is V’s mask. This symbol is shown in allRead MorePleasantville Analysis of Film Techniques against the Theme of Change2162 Words   |  9 PagesHow are we made aware of the filmmakers attitude towards change? Refer to three specific episodes from the film. (excl. concl. stages)In Pleasantville, the filmmaker, Gary Ross, conveys his attitude towards change through the characters of David and Jennifer who are transported into the 1950s sitcom Pleasantville. He doesnt necessarily demonstrate change to bear a positive result; rather, he addresses that change is essential to the development of society and self and that it is important toRead MoreThe 1941 Film, Citizen Kane,695 Words   |  3 Pagesart form. Film may be identified as an art form that combines multiple genres to produce classic work. Thi s is specifically revealed by an Orson Welles movie. The 1941 film, Citizen Kane, may be considered a classic based on extensive research. Throughout history, the film is repeatedly rated as one of the greatest films ever produced. Various elements such as storytelling and technique have contributed to the recognition and acclaim attained by the film. During the era in which the film was producedRead MoreTheme Of Looking For Alibrandi813 Words   |  4 Pagesexplore the themes loss and grief, resilience, and culture and traditions? Looking for Alibrandi is a novel by Melina Marchetta that follows the story of the protagonist Josie Alibrandi, a 17-year-old girl facing family issues and the struggles of adolescence. The film adaptation directed by Kate Woods holds most of the same content of the novel but differs slightly in the sense that the story is told visually rather than literarily. A plethora of themes and techniques are presented in the film and helpRead MoreEng 225 Week 3 Assignment Establishing Theme1039 Words   |  5 PagesESTABLISHING THEME To purchase this visit following link: http://www.activitymode.com/product/eng-225-week-3-assignment-establishing-theme/ Contact us at: SUPPORT@ACTIVITYMODE.COM ENG 225 WEEK 3 ASSIGNMENT ESTABLISHING THEME ENG 225 Week 3 Assignment Establishing Theme Establishing Theme. Select a movie from AFI’s 10 Top 10 lists and explain how three cinematic techniques and/or design elements have helped establish a major theme in that film. In 800 to 1200 words: 1. Describe a major theme of theRead MoreAnalysis Of Stephen King Film1365 Words   |  6 Pages50 novels and 200 short stories most of which exists within the horror and suspense genre. Given the immense popularity of his work, King’s stories have often been made into feature films. Unfortunately, the horror that exists on the page rarely translates successfully to the silver screen. For every great King film adaptation such as the classic â€Å"Carrie† (1976) and the recent version of â€Å"It!† (2017), there are many dismal failures such as â€Å"The Dark Half† (1993), â€Å"Needful Things† (1993), â€Å"Thinner†Read MoreRomeo And Juliet Film Analysis884 Words   |  4 Pagesconveys many universal themes, in his 16th century tragedy, Romeo and Juliet, appealing to the audience during the time which it was produced. Hence it raises the question of how effective would Baz Luhrmanns 1996 film be as appealing to a 20th century audience? L uhrmann’s form of displaying the original play as a film, is a significant modern appropriation, as the audience can physically see the play unfolding, identifying the films effectiveness. By drawing on the original themes of violence and loveRead MoreAnalysis Of Film The Filmmaking World1197 Words   |  5 Pagesediting techniques and narrative are so distinct that one might differentiate the film’s director just by examining its cinematic language. For example, Steven Spielberg uses signature works in many of his films that allow viewers to categorize them as his own. Spielberg, a famous Hollywood style director, was born in Ohio. He kicked off his Hollywood career after directing his low budget films Firelight and Amblin’. After he signed his contract with Universal Studios, the director went on to film record-breakingRead MoreShawshank Redemption1197 Words   |  5 Pagesthe directors main purpose and explore, in depth , one or two main visual/ oral techni ques used to achieve this purpose. An important theme in Frank Darabonts film , The Shawshank Redemption is hope in humanity. The film demonstrates that hope is a good thing . The directors main purpose was to convey this idea through the film to the audience by using visual and verbal techniques. In Darabonts film the theme of hope in mankind is important as it enables the audience to relate this idea toRead MoreChangi Extended Response1016 Words   |  5 PagesThe series mainly focuses on six young Australian men giving an insight of each character’s deepest struggle within the camp. There are many themes evident within the episodes, Seeing is believing, Curley, Private Bill and Pacifying the angels. Some of which include power and atrocities of war. These themes are also apparent throughout Edward Zwick’s 2006 film ‘Blood Diamond’, which is about a country torn apart by the struggle of the government and rebel forces. According to the Macquarie dictionary

The People versus Tyronne Johnson - 1116 Words

The Assistant District Attorney, Queens County, New York, Claude Stuart was the lead prosecutor in a murder case, titled, People v. Tyronne Johnson. Johnson was tried for the murder of Leroy Vann Tony. Johnson was convicted of murder and sentenced to the term of 20 years to life. After serving 13 years of the prison sentence, the conviction of the defendant was overturned. There was a determination that the prosecutor, Claude Stuart withheld evidence from the defense which was the reason the judgment was overturned. During the course of the trial, the defense counsel raised questions in reference to a police report containing witness information that could prove favorable for the defense. During the trial, the Justice, Honorable Jaime Rios questioned Assistant District Attorney Stuart regarding the witness location information from that police report. The Respondent replied that he made several attempts to contact the witness but was not successful. The respondent continued to deny his awareness of the location of that witness. Further investigation revealed that ADA Stuart had knowledge of the witness location in question due to the fact that he met the witness at her place of employment on a recent occasion. The Court determined that ADA Stuart’s response to the question asked by the Justice was false. Respondent did not correct the error at the trial. The Board of Professional Responsibility recommended and imposed a three year suspension for Claude Stuart as

Is Zambian a Peaceful Nation free essay sample

This paper will first define the key terminologies like, peace as defined by different scholars, explain what it means by state of law or civil government, a state of justice or goodness and a balance of power coupled with discussion weather Zambia is a peaceful nation or not in line with the given definition. Zambia is a tropical country landlocked between Botswana, Zimbabwe, Namibia, Malawi, Mozambique, Tanzania, Angola, and the Democratic Republic of Congo. The country, formerly Northern Rhodesia, gained independence from Britain in 1964. Since independence Zambia has not experienced any military war but has experienced violence mainly political and more than half of the population lives in poverty, no access to proper health care, employment, education and a lot of inequalities between the rich and the poor. To this day Zambian’s clam to be at peace, mainly because of lack of war, the peaceful transition of political powers from Kenneth Kaunda to late president Chiluba to late president Mwanawasa then Rupiah Banda and now president Michael Sata. Peace is something which is vastly misinterpreted and misrepresented in today’s world. Everyone has their own perceptions about it. Peace isn’t just a cleaver way of showcasing your imposed superficial friendliness while brewing up violent tendencies from within. Peace is not just lack of wars, it’s about the victory of reality over virtual superiority, the realization that everyone in the world is nothing but equal. It means to give the due share of respect to everyones opinion and thinking before putting your ideas into action (Galtung, J. 1996). Trostle’ (1992) comprehensively defines peace as, a state of well-being that is characterized by trust, compassion, and justice. In this state, we can be encouraged to explore as well as celebrate our diversity, and search for the good in each other without the concern for personal pain and sacrifice; it provides us a chance to look at ourselves and others as part of the human family, part of one world. Baechler (2002) defines peace as a political condition that ensures justice and social stability through formal and informal institutions, practices and norms. He further adds that, several conditions must be met for peace to be reached and maintained: balance of political power among the various groups within a society, region or most ambitiously, the world; legitimacy for decision makers and implementers of decisions in the eyes of their respective groups, as well as those of external parties, dully supported through transparency and accountability. There must be reliable and trusted institutions for resolving conflicts and mutual understanding of rights, interests, intents and flexibility despite incompatibilities. For many, Peace is a state of harmony characterized by the lack of violence, conflict behaviors and the freedom from fear of violence. Commonly understood as the absence of hostility, peace also suggests the existence of healthy or newly healed interpersonal or international relationships, prosperity in matters of social or economic welfare, the establishment of equality, and a working political order that serves the true interests of all (Galtung, J. 1996). Peace is also defined as a state of law or civil government, a state of justice or goodness, a balance or equilibrium of power. State of Law† implies that the use of public power is predictable on the basis of legal rules. Once this term is uttered, one associates it also with a series of platitudes such as â€Å"the rule of law, â€Å"legitimate government†, â€Å"impartial courts†, â€Å"fair trial†, â€Å"protection of citizens against the power-holders† and so on. The State of Law thus requires formal legal certainty, which means that the exercise of public power is predictable on the basis of legal rules. But predictability is not enough. It is a constitutional state in which the exercise of governmental power is constrained by the law citizens share legally based civil liberties and they can use the courts. A country cannot be a liberal democracy without first being a state of law. The state based on the supremacy of national constitution and exercises coercion and guarantees the safety and constitutional rights of its citizens (Neate F. and Nielsen H. 2007). Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, equity or fairness, as well as the administration of he law, taking into account the inalienable and inborn rights of all human beings and citizens, the right of all people and individuals to equal protection before the law of their civil rights, without discrimination on the basis of race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, disability, age, or other characteristics, and is further regarded as being inclusive of social justice (James, K. 2003). Justice is the quality of being just; the quality of being correct or right; righteous, equitableness, or moral rightness, to uphold the justice of a cause, the moral principle determining just conduct, fair representation of facts, vindictive retribution, conformity to right relationships, making things right, honesty, impartiality, rectifying the wrong, restitution, and fairness (Lederach, 1997: 28). Justice requires the recognition of certain basic needs. The notion of needs tends to be controversial when it is culturally defined and when needs are converted into rights, which make demands on other people. Therefore, the sense of absolute needs or rights ignores the differences in needs and rights between different people and different cultures (Solomon, 1995: 187-193). Rawls (1999b: 31999b: 3) applies the idea of justice mainly to individuals in the society, in his book, The Laws of Peoples he extends the political conception of right and justice to constitutional liberal democracies. There is a true peace when all societies are satisfied with status quo for the right reasons. According to Mulunga (2013), the theory of separation of power signifies that government should have three organs that is legislature, judiciary and the executive whose functions must be separated from each other in the interest of individual liberty. The executive which is headed by the president who is the chief executive (provided by article 33) is the largest organ whose main role of running the government, formulation and implementation of national policies. The executive also executes laws, orders, rules, regulations and others for maintaining peace and good government. The executive is very important in the process of governance as it is through this institution that the administration of all affairs of the state is carried out. It includes the police, prisons services and the Defense forces. Separation of powers, with the executive, legislative and judicative branches of government are there to limit each others power and providing for checks and balances or Division of the legislative, executive, and judicial functions of government among separate and independent bodies. Such a separation limits the possibility of arbitrary excesses by government, since the sanction of all three branches is required for the making, executing, and administering of laws. Philosophers such Aristotle, Bolingbroke and Montesquieu have pointed out the importance of governing the country under the three institutions provided they operate within the perimeters to ensure the smooth running of a country (Besa, 2011). Following the definition that, peace is a state of Law or civil government, a state of justice or goodness, a balance or equilibrium of powers then a nation can be said to be peaceful. Using this definition to discuss Zambia ,as highlighted above a state of law is a constitutional state in which the exercise of governmental power is constrained by the law, citizens share legally based civil liberties and they can use the courts. A country cannot be a liberal democracy without first being a state of law (Neate, F. and Nielsen H. 2007). In the case of Zambia, the Rule of Law has failed in many cases. There have been times when political leaders changed the constitution to suit their needs and to oppress their political opponents in the past and present governments. This was the case from the first constitutional amendment to the current one. An example is when president Rupiah’s government removed the abuse of office clause from the constitution. This is why Zambia to date has been struggling to put up a good constitution because every time political parties in power want to put clauses that protect them and not the Zambians. In further justifying why Zambian cannot be considered to be peaceful nation, it’s important to look at the governance system; Zambia is said to be democratic nation meaning it has to be ruled under democratic principles. Good governance is a set of ideas about the legitimacy, competence and accountability of the government about respect for human rights and the rule of law (Besa, M. 2011). Good governance is an essential framework within which business can flourish and provide economic prosperity and ordinary citizens can seek to have their health, education and welfare needs met. Good governance is vital in any country or organization because it enables citizens to enjoy full human rights and freedom; it also makes the government accountable to the people and makes government operation transparently. With the understanding of good governance it can be said that Zambia does not fully qualify to be exercising good governance. Politicians in Zambia take advantage their political power and high levels of illiteracy among citizens and forget accountability issues. Zambia as a country has few and weak characteristic of good governance such as; citizens participation, citizens, s right to participate in the affairs of the community and the county at large that affect them, in Zambia some people who speak against government or a particular party, risk being harassed by that party’ loyalists or arrested by state agents such as the police. According to the 2009 Affirmation of Commonwealth Values and Principles (Appendix I), member states (Zambia inclusive) are obliged to uphold â€Å"equality and respect for protection and promotion of civil, political, economic, social and cultural rights for all without discrimination on any grounds. †Ã‚   The Affirmation further requires that member states recognize that tolerance, respect, and understanding, strengthen democracy and development; recognizing also that respect for the dignity of all human beings is critical to promoting peace and prosperity†. Zambia is a state in which justice is only for the rich and politicians. There is no distributive justice for the majority poor Zambians, Although Citizens have the right to elect their leaders, the right to stand for public office and make leaders accountable for their actions the don’t really experience justice. In Zambia Leaders from the parties that have been and are in power feel they are above the law and get barking from the ruling president of their time , a good example of this are the two recent cases of the current PF government were two cabinet ministers ( Minister of justice and minister of defence) were associated with corruption, the citizens were able to speak out and the two ministers were called for interrogation by the law enforcement agencies but did not corporate because they viewed themselves as superiors over the law enforcement agencies. Further to that note, the president who is a member of the executive issued a statement saying the law enforcement agencies should consult him before interrogating any of his ministers. This action is an indication of bad governance and abuse of power; it shows that some citizens are more equal than others. If it were members of the opposition and former government officials an arrest would have been issued. A good example of such is the resolution to remove Mr. Banda’s immunity which was based on a umber of allegations among which were the procurement of campaign materials such as branded bulbs, chitenge materials, bicycles and the personal property, Mpundu Trust where the former First Lady Tandiwe Banda is the director. Because Mr. Banda is not in the ruling party his cases are given special attention with directive from the executive (Zambia Daily Mail, March, 15, 2013). The justice system in Zambia is a failure because it is mostly selective and does not work according to democratic principles. The law enforcement agencies and the police in all the past governments work under influence of the leaders in power. The police however carry a special mandate to enforce law and order where our society fails to voluntarily observe it. In Zambia the Police Service is always impartial, there has been many accusations with evidence against the police service pointing to the fact that it is partial when executing political activities , the police service has tended to favor the ruling parties members and their carders over citizens and other opposition political parties. Police have also prevented or Delay justice in many instances. The security wings in the Zambian government have also failed to protect citizens, they act fast when the people involved are politicians or rich unlike the poor. The Police instead of protecting citizens, they have contributed to killing them. For instance in the Mongu riot many people were killed for protesting, the UPND youth were also badly beaten by the police for holding peaceful demonstrations over the Development Bank of Zambia (DBZ) unpaid debt of K 14 billion by JNC holdings which is run by Mtembo Nchito and Fred M’membe (The Post, May 17, 2013). Additionally even if Citizens are all free to vote, to be voted into power, right to security, freedom of association , freedom of expression and conscience as well as expression are partially tolerated in Zambia. Citizens for some time now in 3 different governments have been faced with threats of lack of development in their areas if the vote for the opposition. People with different political opinion are not free to express themselves and their opinions as they fear arrests, this happened to Fr Frank Bwalya during the last term of the MMD, he was arrested for speaking up for Zambians in his red card campaign strategy. Apart from different political opinions, Zambia also has a number of political parties who are there to provide checks and balance. There are also there to facilitate peaceful transfer of power from one party to another but are threatened and prosecuted by the ruling party and even arrested. With such acts democracy suffer greatly as the opposition is weakened. This benefits neither government nor the citizens. We have been through a one party system of governance before and risks going back because The Zambian people are not at peace but leave in uncertainty. In a true democracy, people do not get injured or stoned for exercising their right to assemble or their right to freedom of speech; people are not subjected to constant threats and insults from the president, politicians, party cadres for demanding good governance and accountability from those in power; court orders are not ignored with impunity and the police are professional. In the case of Zambia it citizens are injured or killed by police or party carders for standing up for their rights and even demanding for accountability (Ndulo, M. 013). For instance, the current removal of the fuel and maize, has affected common Zambians who are the majority. The citizens are not given a platform to speak out or protest over the government’s policy decisions instead they are either arrested or intimidated for expulsion. The past four and the current Zambian governments have not used the instruments of power to serve and protect its citizens, promote peace and meaningful dialogue to b enefit the common Zambians. In Zambia the separation of powers is more a name than a description. None of the three branches (legislative, executive, or judicial) of the national government are clearly separate from one another. The several departments of power are not separated but blended. Zambia being a democratic government, the exercise of political power must respect the law, the constitution and the will of the people, through the decision of their legislative representatives. This requires that power be separated so that the head of government and his ministers do not have the power to make the law or to interfere in court cases. In a democracy, the executive branch implements policies and programs, administers the national budget, and conducts national affairs. It may also propose laws, but only the parliament may enact legislation, including the budget. Only the courts can decide the guilt or innocence of individuals charged with crime, and only the higher courts can determine whether a law or a government action or policy is constitutional. The separation of powers has not been implemented according o democratic principles, especially when it comes to the executive interfering in the judicial process as well as legislature. The executive in Zambia has been vested with a lot of power. They can influence the judiciary and legislature in making decisions that suits them. For example on the case of former second republican president Dr Fredrick Chiluba, the executive directed the judiciary to acquit Chiluba of all cases against him even after he was found guilty by the London courts. In Zambia those in control of government have abused and interfered in the prosecutions process by harassing facilitating missing court files causing unjustified prosecutions and by exempting their own supporters, friends, allies or ministers from facing the law because of their illegal acts. Because of the powers the president has, he appoints the Director of Public Prosecution, minister of justice and also has the powers to elect members of the legislature. With this power it is also easy for the president to control all the three arms of government. This is seen in the recent defection of members of the legislature to join the ruling party because they have been promised jobs as deputy ministers. This act compromise democracy and peace in a nation (Ibid). The constant attack on the independence of the judiciary is a clear violation of the principle of separation of power. The funding of the judiciary and subsequent appointments of the judges by the executive compromises the efficient delivery of services. The country has seen the judiciary being funded and appointments of political commission of inquiries, persecutions of opponents with force cases and calling for the removal of independent judges. The judiciary may not act according to the laid down procedures or criticize the actions of the executive just to safe guard their jobs. In conclusion, Zambians are now concerned with the current situation in the country, this is why Recently the three Christian Church Mother Bodies namely: the Council of Churches in Zambia (CCZ), the Evangelical Fellowship of Zambia (EFZ) and the Zambia Episcopal Conference (ZEC) expressed their displeasure. They also have seen that nation today, stands at the crossroads and at a crisis. They said â€Å" the country face many challenges related with governance and survival, among which, are increasing levels of poverty among the majority of people, a pervading cancer of rampant corruption, escalating youth unemployment, the growing gap between the rich and the poor, an education system that is falling apart, a poor health service delivery coupled with the unclear constitution making process, the gagging or muzzling of people’s freedoms, the arrests of the opposition party leaders and human rights violations (http://www. ambianwatchdog. com). A number of factors that may show that there is no peace in Zambia include; the welfare of its citizens, many Zambians especially those living in peri-urban and rural areas are unable to meet their daily need that is; shelter, clothing and food. Jobs are scares, public facilities like hospitals, schools and universities are underfunded with m inimal infrastructure to cater for the souls that remain hopeful for a break through. There is not justice because only a few rich people and those in political offices are enjoying the country’s resources. The other major concerns are that billions or thousands of kwacha’s are being spent on the by- election unlike spent for national development or improvement of social sectors as well as industry so as to improve employment levels in the country. Zambia’s leaders are so ready to waste colossal sums of money in the campaigns whilst hospitals still face a critical shortage of medical staff, equipment and essential drugs. How can one be at peace when they are stressed, thinking of where they will find food for their children, money for education , drugs and when they are using the road infrastructure which is not good , all they think of is whether they will reach their destination or not. Peace is not just the absence of war but about having a Law or civil government, a state of justice or goodness, a balance or equilibrium of powers. REFERENCE Besa,M. (2011). 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Cleopas Lungu (15th March, 2013) Council of Churches in Zambia Evangelical Fellowship of Zambia and Zambia Episcopal Conference (CCZ) (EFZ) (ZEC). http://www. zambianwatchdog. com/church-mother-bodies-worried-by-worsening-political-situation-in-zambia/comment-page-1/ Retrieved on 27th April 2013. Trostle, T. (1992). Personal correspondence The Post Newspaper (May 17, 2012). M’membe and his Friends steal 14billion Kwacha Zambia Daily Mail (March 15, 2013). Former President Rupiah Banda immunity Stripped www. postzambia. com/zm/archieve/wednesday9/2009. Retrieved on 26 April 2013.