Wednesday, May 6, 2020

America Needs Alternatives to Incarceration Essay

Clyde is your average American; he is a hardworking family man who tries to do everything in his power to make his family live happily. Due to the recent economic plunge he has lost his job and his wife is not making enough to feed their family. Feeling worthless and desperate to help his suffering family, Clyde decided to rob his neighbor. It was an unarmed theft of under $250; unfortunately Clyde was caught and sentenced to serve 1 year in the County Prison. Clyde never wanted to do it and was very uncomfortable doing it, but he thought it would help his family and allow them to go one more month with food on the table. Even though there are alternative forms of rehabilitation that would have kept him out of prison and been†¦show more content†¦In short the United States judicial system sends criminal offenders into the largest prison system in the world, where the increasing population forces overcrowding, widens the gap between state spending and revenue and fails to pre vent recidivism; we must re-evaluate and reduce our current prison system in order to reduce state debt as well as provide inmates with livable conditions and keep them from returning to prison. The cost of living is always on the rise, so naturally the cost of maintaining our public prison systems and its inmates is also on the rise. Not only does the cost to maintain the prisoners alive and healthy rise; our draconian laws that seem to make youth and the African American community the target, keep sending more and more offenders into the prison system. Without acknowledging alternative solutions and rehabilitation programs that are readily available. We currently live in an age where old laws from eras long past still rule. This is to say that we still follow laws that were put in place decades ago that are racist and unjust. Many of these laws emerged from the turbulence of the 1960’s; when the increasingly rebellious college youth and African American civil rights movemen ts looked to change the nation. Laws were put in place directed at mainly these two groups: laws such as having a 100 times largerShow MoreRelatedThe Major Punishment For Criminal Acts1526 Words   |  7 Pagesare in territorial prisons and military prisons, as well as local jails. By October 2013, America had the highest rate of incarceration across the globe at 718 per 100,000 people. It is equally important to note that as of December 2014, the International Centre for Prison Studies reported that there were 2, 783,689 prisoners from the total population of 319 million. The major causes of increased incarceration rate increased sentencing laws, privatization of the prisons, and drug sentencing laws. ItRead MorePrison Overcrowding : The United States1535 Words   |  7 PagesMatthew Fuhrman CRIJ 1306 Dr. Peniston April 20, 2017 Prison Overcrowding The United States has the highest number of incarcerated individuals than other countries. Offenders are arrested every day for minor and major offences such as murder. America is hard on crime. When someone breaks the law the criminal justice’s system seeks an eye for an eye. Prison overcrowding has become a major problem in the United States, it is very expensive to house an inmate and there are other methods to punishRead MorePrison Overcrowding And The United States1555 Words   |  7 PagesSome of the main causes for prison overcrowding that will be covered in this paper are mass incarceration, long sentencing, recidivism, and prisoners of drug crimes. Overcrowding of prisons in the United States is a major issue that affects not only the prisoners themselves, but taxpayers and politicians. Although there are many different solutions to prison overcrowding such as building more prisons, alternative and shorter sentences, etc., the issue is still prevalent. Some feel the best way to dealRead MoreAmerica Should Not Afford For Nonviolent Criminals Essay1741 Words   |  7 PagesAmerica cannot afford to continue incarcerating nonviolent criminals. Why reward offenders with food, clothing, shelter, medical care, and treatment programs at the taxpayers expense? Community supervision programs that require offenders to work to support themselves and their families make better sense. In addition, offenders should pay supervision fees, restitution to victims and court costs. Further, offenders on community supervision could utilize to addiction treatment programs and mentalRead MoreMass Incarceration During The United States1322 Words   |  6 PagesMonroe Craver Mrs. Gallos English 3 Honors 30 March 2017 Mass Incarceration in the United States There are too many people in prison in our country and any people in prison today are non-violent drug offenders. The American war on drugs has targeted people in poverty and minorities, who are more likely to be involved in drug use. This has created a pattern of crime and incarceration and â€Å"...[a] connection between increased prison rates and lower crime is tenuous and small.† (Wyler). The prisonRead MoreThe Division Of Our Society : Exploring Mass Imprisonment1737 Words   |  7 Pages Mass Incarceration The Division of Our Society: Exploring Mass Imprisonment Pamela D. Jackson WRIT 130: Research Paper Professor Jane Campanizzi-Mook September 11th 2015 ABSTRACT Prison is unfortunately big business in the United States and our society is paying the ultimate cost and there is only one system being rewarded. More than often we do not put much emphasis on the prison system in its entirety. It is a fairly simple concept to most Americans that if you commit a crime or ifRead MoreThe Flawed Prison System of America1039 Words   |  5 Pagesat its current rates. A violent crime is committed every five seconds. (Violence,1)Study after study reveals the neither the threat of punishment nor increased incarceration has any real impact on the crime rate. The three biggest flaws of the justice system are that they put too many people away for too long, it criminalizes acts that need not be criminalized, and it is unpredictable- many laws, especially federal ones, are so vaguely written that people cannot easily tell whether they have brokenRead MoreEssay on Criminal Rehabilitation in the United States Justice System1640 Words   |  7 Pagessomeone ret urns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National Criminal Justice Commission) This quote from Dave Kelly shows many of the issues withRead MoreAmeric Land Of The Incarcerated1296 Words   |  6 Pages America: Land of the Incarcerated Connor Murphy Mesa Community College â€Æ' In 1814, Francis Scott Key wrote the poem The Star Spangled Banner after witnessing the attack on Fort McHenry by the British Royal Navy in the War of 1812. The poem was sang to the tune of a well-known British song and eventually, Key’s once amateur patriotic poem became the United States national anthem in which the lyrics strongly symbolize our country’s perseverance and freedom. The Star Spangled BannerRead MoreRehabilitation Over Incarceration : Persuasive Speech1736 Words   |  7 Pages Rehabilitation Over Incarceration Purpose: To Persuade Specific Purpose: To inform and persuade the public of the inefficiency of the justice and prison system, and to offer insight and methods to both reduce the finical burden of this institution on the state and inmate recidivism while simultaneously reviving our communities left ruined by this often racist and unfair institution. Central Idea: To rework the legal and economic infrastructure of the currently broken U.S prison system by providing

Essay on Star Wars and Religion - 1440 Words

Star Wars and Religion Methodology In conducting my research on Star Wars, I wanted to make sure that I kind of found a variety of sources. I decided to do my field report on Star Wars originally because I was aware that I needed to include an interview component in this report. I immediately thought of my R.A., who just happens to be an incredibly huge Star Wars fan. I knew that I would have to investigate some element of the movies and religion has always been a very controversial topic within the Star Wars universe. To research the topic I went through the IU Libraries Database and retrieved articles about Lucas and his beliefs about religion and about pop culture spirituality and the movies in general. I also held an†¦show more content†¦Lucas is not longer in control of the form that it takes on and the ideals that it expresses, whether those ideals were meant to be expressed or not. His ideals expressed consciously or not through his movies have been called everything from new religion (Johnson) to spir ituality (Moyers). Analysis A long, long time ago in a galaxy far, far away... (Lloyd) is the infamous beginning of one of the biggest, if not the biggest pop culture phenomenon of our time. Star Wars is a famous trilogy well known for its action-packed scenes and technological achievement. The movies center around the all-powerful, all-controlling Force. With all that we have come to know about Star Wars, we have yet to discover the true meaning of The force and if it is really a representation of some thing much bigger and much closer to us than we think. The new religion that Star Wars is said to provide what has been called a bland, generic spirituality as one philosophy professor called it (Johnson). Those who argue that pop culture is our new religion say that it allows for society to be able to call themselves spiritual without saying that they are also religious (Johnson). Advocates claim that though Lucas might provide an impression of spirituality, You get lost in the noise and images as one priest states. Some prefer to say that this turn to pop culture for religious fulfillment is because of a spiritual vacuum created byShow MoreRelated Star Wars: Myth or Religion? Essays2511 Words   |  11 PagesStar Wars: Myth or Religion? I was in a room, not a very large room, but big enough for the circle of odd numbered minds that had been assembled to discuss, debate, theorize, or maybe just waste time, on the topic at hand. I am a mere observer, with nothing more than a pen, my thoughts, and a strong will to keep my mouth closed when some reporter, author, or other member of the crowd makes some outlandish comment. I was there for no other reason than to make sense of what was being bickeredRead MoreStar Wars : The Movie, Toys, And Video Games1435 Words   |  6 Pages While the current six movies of Star Wars cannot begin to tell all the stories of its universe, these stories are told through its extensive side stories, known as the Expanded Universe. This includes works related to Star Wars that are not included in the official canon, such as the comics, toys, and video games (â€Å"Star Wars Opens†). There are also well over 250 books written in the Star Wars universe. These works can all take p lace at varying times, from thousands of years before the first episodeRead MoreEssay on Why Star Wars was such a Ground Breaking Movie1404 Words   |  6 PagesWhy Star Wars was such a Ground Breaking Movie There are many reason for ‘Star Wars’ being such a ground breaking movie. ‘Star Wars’ is a science fiction film, a science fiction includes new world and civilisations that are discovered and aliens are featured in a lot of science fiction films, the setting of the films are usually set in the future and where the world is in danger. There are some characters that are computer generated and they sue special effects for fightingRead MoreReligion, A Fad, And Pop Culture1248 Words   |  5 PagesJediism: A Religion, A Fad, and Pop-Culture Religion has been a controversial topic for thousands of years. More lives have been lost in the name of â€Å"God†, in Wars, crusades, territory disputes, religious clashes, and the list goes on, even to this day. Religion is worshipping and believing in a higher power. Also, religion is a very intimate relationship with this higher power, which may be called, â€Å"God†, â€Å"The Force†, â€Å"Allah†, and â€Å"Buddha†. The symbols used in different religions vary on their beliefsRead MoreThe Star Wars Trilogy Essay742 Words   |  3 PagesThe Star Wars Trilogy always have one thing that is stated: the Force. The Force is an unlimited power that is in every living objects. As exciting as that sounds, the idea of the Force has been created out of many religions. The idea of the Force came from different religion such as: Taoism, Hinduism, Buddhism, and Christianity Taoism is related in the Force because the Force was viewed as energy around everything. When Obi-Wan told Luke that he should let go of his sight and follow the instinctsRead MoreImportance Of Meditation And The Kind Of Mindset Yoda990 Words   |  4 PagesBasing one’s understanding of meditation from the terms mentioned above, one can see the resemblance and connection between meditation and the kind of mindset Yoda asks Luke Skywalker to emulate. In Star Wars, concentration is essential to the life of a Jedi Knight, because through its practice, a Jedi is able to let the force flow through them, to guide his actions, instead of suffering and failing from clinging to the notion of control. Buddhist Meditation allows for one to be fully present, toRead MoreStar Trek And Star Wars1101 Words   |  5 Pagesscience fiction phenomena—Star Trek and Star Wars— appear to have the same basic creative foundations; both were designed to speak to Americans in need of so cial and moral guidance. George Lucas and Gene Roddenberry were responding to their own social times and acted upon the contemporary issues that faced America in the sixties and seventies.† -Lincoln Geraghty â€Å"Creating And Comparing Myth In Twentieth-Century Science Fiction: Star Trek and Star Wars.† Star Trek and Star Wars are science fiction franchise’sRead MoreStar Spangled Banner1373 Words   |  6 PagesMany people hail â€Å"The Star Spangled Banner† as the greatest piece of American music. The audiences of America’s national anthem seem, instinctively, eager to express their respect by embracing the notion to remove their hats and stand up. However, not many people ponder over the question of what â€Å"The Star Spangled Banner† truly means. What does it mean? Why does it deserve so much reverence and honor? What exceptional difference allows it to prevail over the masterpieces of prominent composersRead MoreThe Yellow Star853 Words   |  4 PagesMarch 2013 The Yellow Star Jews were not much different from other citizens in the 1930s. They were teachers, doctors, farmers, and factory workers. Their social status ranged from wealthy to poor. Their children attended school, learned a trade, or continued on to college for a degree. The Jews, however, were different than other citizens due to their Jewish beliefs. During World War II a symbol of their beliefs, the Star of David, was used to identify and label them. The Star of David was made intoRead MoreImportance Of Fashion And Its Effect On Society890 Words   |  4 Pagesconfidence and plays a huge role is religions and culture. A recent study asked that exact question and the results showed that 64% (debate.org) of people believed that fashion was important. One can argue that people should find other ways to express their creative side like going to an art classes or becoming a hobby photographer. Another argument that seems to come into play is that today’s fashions are really not all that great and can be a bit on the expensive side. Religion can also deter people into

The Importance Of Being Ernest Essay Research free essay sample

The Importance Of Being Ernest Essay, Research Paper The drama The Importance of Being Earnest by Oscar Wilde is full of sarcasm. Jack Worthing and Algernon Moncrieff, the supporters in the drama, acquire themselves into a complicated state of affairs called Bunburyism ( as Algernon refers to it ) . They pretend to be person that they are non to get away their day-to-day lives. They lie to the adult females they admire and finally the truth is unveiled. The sarcasm comes into drama when the truth starts to unknot and Jack finds out what truly happened to him as a kid and why he does non cognize his parents. After some coinciding events, all the chief characters end up in the same room. When Lady Bracknell hears Ms. Prism? s ( the adult female Jack hired as his nieces governess ) name she instantly asks to see her. She continues to state that Ms. Prism had wandered off with a babe old ages ago and asks what came approximately of that. We will write a custom essay sample on The Importance Of Being Ernest Essay Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Ms. Prism continues the duologue to explicate how she misplaced a babe that was in her bag at a train station. Jack, believing he might hold been that really babe, retrieves the bag he was found in as an baby in which Ms. Prism identifies by some separating Markss to hold been her ain. Jack realized the adult female that had been learning his niece was his female parent. But so Lady Bracknell explained that she was non but Lady Bracknell? s hapless sister Mrs. Moncrieff was. The sarcasm continues to explicate how Jack and Algernon were biological brothers. They were feigning to be earlier to play out their game of Bunburyism. Jack had told everybody he had a brother in which was he used as his justification to go forth his place in the state and see his â€Å"brother† in the metropolis. Algernon pretends to be Jack brother â€Å"Earnest† in order to win over Jack beautiful â€Å"niece† Cecily. Jack- # 8220 ; Algy? s senior brother! Then I have a brother after all. I knew I had a brother! I ever said I had a brother! Cecily- how could you have of all time doubted that I had a brother. # 8221 ; ( pg. 305 ) Jack? s reaction shows grounds of his felicity of his new found brother. The same adult male that played his brother in their head games with friends and household. But the sarcasm does non halt at that place. Jack told Gwendolyn, the adult female he loved, that his name was Earnest. He lived the life of his # 8220 ; brother # 8221 ; Earnest in the metropolis that happened to include her. But in the state, Algernon pretended to be Earnest to the adult female he had admired. Both adult females were attracted to the name Earnest and were highly defeated that they were non named it. But as it turned out their male parent? s name was Earnest. Because Jack was the eldest brother he finds out that his male parent had given him his name. So after all the prevarications and cover-ups, Jack? s existent name is Earnest. This drama is full of sarcasm. It is written unusually amusing and about absurdly. Wilde did a superior occupation at composing this drama with an diverting narrative line filled with wit and sarcasm. A adult male who made up a prevarication to happen out that is was non truly a fiction, it was world. Can you acquire any more ironical than that?

Tuesday, May 5, 2020

Cause effect free essay sample

There is no one body that is like another. The entire human species is unique in it’s own way. So why do we strive to be like each other? Why do we constantly cause pain and hurt to our own self esteem to try and be like someone we could never be? What causes a negative self image in a person? There is general societal concern about what causes low self-esteem and how it will affect future generations. The most common causes of a negative self image include: the media, family, peers and abuse from the present or past. During adolescence, having a poor image of your appearance and body can be incredibly harmful. The changes occurring in your body during these years will affect you mentally and physically. The coming generation, girls especially, seem to believe that being thin and provocative is the only way that society is going to accept you and think you are beautiful. Research found by Allie Kovar in an essay on The Effects of Media on Body Image, she stated some researchers believe that having a constant reminder of being thin may be desensitizing to the youth and make them think this is normal, and causes a constant state of shame or guilt for someone who is comparing their own self to someone on TV or in a magazine. One of the biggest reasons for a negative self-image is the media. Whether you like it or not, the media will try to tell you that you need to be perfect and set unrealistic standards that are impossible to live up to. Though it is good to have someone that you aspire to be like, being convinced by media can affect the good aspects of how your role models are people to look up to. As stated in the essay written by Kovar on the The Effects of Media on Body Image , â€Å"The models of today are significantly smaller than models of the past. With each passing year, front-cover models reach levels of thinness that are worse than the criteria of anorexia† (pp 6). Not only are these people who young adults look up to thin, but they are seen on TV and state that they need to be on a diet and lose more weight. Models are not the only people portraying this thinness, but stars on reality TV shows are stating the same thing and constantly complaining about their own body image and how they need to be small. Although media has a huge impact on how a person portrays oneself, a peer influence is almost a bigger impact. Family, peers and the school are all very important and powerful agents of the development of a person’s self esteem. Urie Bronfenbrenner, a psychologist in Oxford, England has done much research on human development. He quotes â€Å"Peer acceptance in adolescence provides support and validation for healthy growth in youth†( pp 4). He explains that there is evidence among young adults who seek a friendship between peers with a similar concern on body-image, which then in this case further increases a low self esteem. Young women especially are tested by peers on appearance evaluation and acceptance. They are constantly rejected by peers and often will resort to violent methods to cope with being teased, such as dieting and completely change their appearance. Not only do friends and peers cause low self esteem, but also family. Professor Mark Tyrelle of University of Texas explains that with people close to you, having a negative self image can begin at a young age. Your family, friends, and peers at school all influence how you see yourself. Examples of early experiences that can lead to thinking bad about yourself include: punishment, neglect or abuse, failing to meet parent standards, being on a receiving end of other people’s stress, being the â€Å"odd one†at school. As we grow up, we take in the voices of the people who are significant to us. Experiences that we face create a foundation for a general conclusion about ourselves. Tyrelle explains this as the â€Å"Bottom Line†, and when this line is in place, it’s hard to question it. When you count on the bottom line for everything, your biased thinking starts to come into place. The biases become a sort of support for the line; no matter how things turn out, you automatically assume the worst of it (Tyrelle pp 4 7). Another reason for a negative self-esteem is violence in the home which can be a huge factor in how you perceive yourself. This doesn’t mean it is extreme violence, but any circumstance that is ongoing and unnoticed by others will have deep emotional effect on a child. Living in a single parent home, or without your biological parents and living with grandparents can even cause an unhappy child. These kids grow up without the guidance and love from their real parents, and statistics show that this has a huge effect of low self esteem. They grow to be envious of their friends who grew up with their biological parents, and feel that they are more loved. With a lack of support from friends and family, the chances of achieving things are at an all time low. Having little to no support will create no motivation for someone to achieve what they desire to do. They need confidence to help build support for themselves and to participate in things that make them happy. There are many signs that come along with a negative self image. To be aware of when someone may be feeling unsatisfied with themselves is to look into these signs: being unable to accept compliments, concerned about what others think, having depression, becoming withdrawn from friends and or family, extreme self defense and throwing a pity party to search for self validation. Having a negative self image can lead to many other serious effects in the long run and can be incredibly harmful. Although there are many causes for creating your mind to believe that your own self is in fact someone who needs to be different and better, experts at Bradley Hasbro Research Center say that there is no specific reason for why an individual develops a negative self-image. Though we don’t want to have to change for a person, we find ourselves going out of our way to seek attention and acceptance by the people around us. The media, peers and family can often be harsh influences. But overcoming the negative and accepting who you are is the only way to be confident with the person you were made to be.

Saturday, April 18, 2020

A Review Of An Argumentative Essay On The Purdue Owl

A Review Of An Argumentative Essay On The Purdue OwlThis essay or argumentative essay is going to be a quick and easy one to follow and not much of a work of art. The Purdue Owl is quite an important mascot for the brand in particular, but they have many other various mascots as well. As such, you can use this essay to look at a number of these other mascots, but this won't be a full essay but rather a short discussion of them all.If you wish to learn how to write a successful argumentative essay on a brand that has more than one mascot, then you should look no further than the Purdue Owl. It's not just that it's very popular, but also because they will provide you with everything you need to take a short but effective essay.The first thing you need to know about the Purdue Owl is that they are calling owls. It's really not that much of a surprise that they're owls, but it does show the quality of the brand. They believe in the quality of their products and the quality of their masco t as well. That is why they put out such high quality items, but it's still nice to see that they are willing to put the company and its mascot at the forefront of its advertising and marketing efforts.It really shows that they are a brand that is built on trust, as there is nothing about it that comes across as secretive. You will learn in this essay sample that they're not perfect, however, as it happens to be easy to spot a weak link in the chain, but it still seems like an admirable goal.They've also put out an argumentative essay on owls that is quite valuable and can be used as a reference. It can serve as a great resource for learning how to create a powerful essay. The essays are fairly short and quite easy to understand, which is why they make a great argumentative essay sample for all students.There are lots of different websites that you can get help from when it comes to writing your essay on the Purdue Owl. You can learn to create an impressive argumentative essay on a brand that has several other mascots, as well as use it as a reference. Just remember that you should never feel that you have to use anything other than the materials provided to you.With some proper research and effort, you can make this essay on the Purdue Owl into something truly impressive. Remember that you should only use the resources provided by the brand itself to work from, but there are some other materials that are available, which can be used to get ideas, or even use as supplementary material to help you get the project started.You should use the essay on the Purdue Owl to get ideas for the project you are working on. Since they've put out several different resources, you can get some great ideas to use in your writing.

Tuesday, April 14, 2020

Law and Religion free essay sample

Law and Religion 4/19/2012 Laws of General Applicability and Their Effect on Religion in America In 1990 the doctrinal landscape of free exercise was greatly altered by the groundbreaking case, Employment Division v. Smith. Prior to Smith, Federal free exercise cases were governed only by the opinion in Sherbert v. Verner. This required any law which placed a substantial burden on the exercise of religion be formed in the least restrictive fashion and to be justified by a compelling state interest. However in Smith the court articulated a new test for laws that placed a substantial burden on the free exercise of religion, holding that the law need not be supported by a compelling state interest so long as the law is neutral and of general applicability. In the analysis below I wish to first address the religiously burdensome laws upheld under the Smith test, requiring only neutrality and general applicability, without regard to a compelling state interest, and second, what laws following the decision in Smith were still shot down notwithstanding their neutrality and general applicability. We will write a custom essay sample on Law and Religion or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The establishment clause in the Constitution states that congress shall make no law respecting the establishment of religion. In Lemon v. Kurtzman it was established that in order for a law to pass under the establishment clause it must have a secular governmental purpose, its primary effect must not be to advance or inhibit religion and lastly the law must not result in excessive governmental entanglement. What we are primarily interested in for the purpose of our analysis however, is the second clause of the first amendment requiring that the government not prohibit the free exercise of religion. Post Smith, under the free exercise clause at common law, a law must only be neutral and of general applicability to survive a constitutional analysis, even where the law substantially burdens religion and the compelling governmental interest standard is not met. In the following discussion we will address what laws have survived under this test and the effect they have had on religion in America. Religiously Burdensome Laws Upheld, and their Consequent Impact on Religion As stated above, it was in Employment Division v. Smith that the court first implemented this standard of neutrality and general applicability. In Employment Division v. Smith, Alfred Smith and Galen Black who were both members of the Native American Church and counselors at a private drug rehabilitation clinic were fired because they had ingested peyote, a powerful hallucinogenic drug, as part of their religious ceremonies. At that time intentional possession of peyote was a crime under Oregon law without an affirmative defense for religious use. The majority opinion in Smith stated that although ordinarily a religiously burdensome law only survives constitutional scrutiny if there is a compelling state interest, when the law applies to everyone equally and the intent behind the law is not to regulate the exercise of religion, a compelling state interest is not required. Under this standard there is no room for the individualized consideration of the reasons a person might have for using peyote. In Smith the Supreme Court has sharply limited scrutiny of incidental burdens in the context of religion. The opinion states that if it permitted a wide approach to prohibiting religiously burdensome laws, it would be too easy for citizens to evade a multitude of important laws. This approach would run contrary to public policy and the very reason that we have a society governed by laws in the first place. Another famous utilization of this standard was in Christian Legal Society v. Martinez. Here a student organization, the Christian Legal Society, required members to subscribe to a Statement of Beliefs and refrain from certain proscribed behaviors, including homosexuality. The school subsequently refused to recognize the group as a student organization pursuant to its Nondiscrimination policy. Following this, CLS sued the school alleging that the policy conflicted with the group’s constitutional right to the free exercise of religion. The court rejected CLS’s free exercise argument, stating that the Nondiscrimination Policy did not single out religious beliefs, but rather was neutral and of general applicability. In this case the application of the Smith standard is perhaps less informative then it was in Smith. Here we are not only using the standard to burden religion, as it was in Smith, but also as a tool to protect against discrimination. With the additional force of Civil Rights available to swell its ranks, the full extent of the standards power is perhaps not visible, however this case does illustrate a new and innovative application of this concept that Smith had first brought to the table. Laws That Failed Because of the Burden They placed on Religion In Lemon v. Kurtzman we saw that in order for a law to pass under the establishment clause it must have a secular governmental purpose, its primary effect must not be to advance or inhibit religion and lastly the law must not result in excessive governmental entanglement. Ordinarily a religiously burdensome law would only be upheld if it survived the strict scrutiny test. However Smith changed this level of review in cases where the law in question was neutral and generally applicable. In Church of Lukumi v. City of Hialeah the U. S Supreme Court held that a religiously burdensome ordinance passed in Hialeah Florida failed the neutrality requirement of the Smith standard and subsequently did not pass strict scrutiny as was required. The Florida ordinance forbade the unnecessary killing of an animal in a public or private ritual or ceremony not for the primary purpose of food consumption. as unconstitutional. The law was enacted soon after the city council of Hialeah learned that the Church of Lukumi Babalu Aye, which practiced Santeria, was planning on locating there. Santeria is a religion practiced in the Americas by the descendants of Africans; many of its rituals involve animal sacrifice. The church filed a lawsuit in United States district court for the Southern District of Florida, seeking for the Hialeah ordinance to be declared unconstitutional. Adhering to the opinion in Smith, the lower court held that the law was in fact constitutional because it supported a legitimate and rational governmental interest. This application of the Smith standard did not require the law to pass the strict scrutiny test because it was a neutral law of general applicability. In the U. S. Supreme Court however this decision was reversed and the limits of the Smith standard were clearly defined. The Supreme Court held that while it was true that the law was technically neutral and generally applicable, there was more to be looked at in such cases. The court held that the surrounding facts of the case must also be taken into account in deciding if a law was neutral, and that in this case the law was clearly targeted at the Santerian Church, being that it was passed in anticipation of the church’s arrival and prohibited one of the church’s core practices. Furthermore the court pointed out that there really was no one else whom the law would effect, thus making it exclusively applicable, rather than generally applicable. Following this realization the court held the nature of this case to mandate a standard of strict scrutiny, requiring the law to be justified by a compelling governmental interest, and to be narrowly tailored to advance that interest. Because the ordinance suppressed more religious conduct than was necessary to achieve its stated ends, it was promptly deemed unconstitutional. What we see from this case is that in utilizing the Smith standard the court is not to rigidly adhere to the technical language of neutral and generally applicable without looking at a law’s motive and practical effect. This opinion, it would seem, was a step in the direction of legal realism, requiring legal standards to take into account the bigger picture rather then adhering to strict and easily manipulated technical language. Another important case that highlights the neutral element of the Smith standard is Watchtower Society v. Village of Stratton. In this case The Village of Stratton, Ohio promulgated an ordinance that, among other things, prohibited canvassers from going in and upon private residential property to promote any cause without first obtaining a permit from the mayors office by completing and signing a registration form. The ordinance imposed criminal sanctions on canvassing or soliciting without a license. The Jehovahs Witnesses, a religious group that publishes and distributes religious materials, sought injunctive relief, alleging that the ordinance violates its First Amendment rights to the free exercise of religion, free speech, and freedom of the press. While at first the lower courts held that the ordinance did pass intermediate scrutiny, the Supreme Court in an 8-1 vote reversed this decision arguing that the law was still unconstitutional. The court held that the law failed even intermediate scrutiny as it placed too great a burden on free speech and the free exercise of religion. Again we see in this case that while subsequent courts adhered to the application of intermediate scrutiny with respect to neutral laws of general applicability, they expanded the scope of what it was that neutrality covered in the first place. First in Church of Lukumi  v. City of Hialeah where the court extended the neutrality standard to exclude laws even with only a non-neutral motive, and then again in Watchtower Society v. Village of Stratton which additionally took into account the practical effect a law would have on free speech and religion. This type of progression is common in our legal system today and represents the ability of laws and legal concepts to evolve and be fine tuned with each new application of their precepts. Specific Exceptions Granted to Religiously Burdensome Laws On the other hand, there are some cases in which the Court allowed a religious motivation to exempt a person from a neutral, generally applicable law. This occurs when the courts find a particular group of people on whose religion a law not only imposes but also to whom the central purpose and policy of the law does not apply. In such cases the courts have been known to grant localized exceptions to the law. In Wisconsin v. Yoder, Jonas Yoder, Wallace Miller and Adin Yutzy, all members of the Old Order Amish religion, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs. In a unanimous decision, the Court held that an individuals interests in the free exercise of religion under the First Amendment outweighed the States interests in compelling school attendance beyond the eighth grade. In the majority opinion by Chief Justice Warren E. Burger, the Court found that the values and programs of secondary school were in sharp conflict with the fundamental mode of life mandated by the Amish religion, and that an additional one or two years of high school would not produce the benefits of public education cited by Wisconsin to justify the law’s application. Justice William O. Douglas filed a partial dissent but joined with the majority regarding Yoder. While the law in question was neutral and generally applicable it did not pass intermediate scrutiny with respect to the Amish. If it had been just an imposition on their religious practices, even the Amish would have been held to the law, but because the law’s central purpose didn’t apply in the first place, with regards to the Amish, an exception was deemed necessary. Following the Supreme Court Ruling in Wisconsin v. Yoder all states are required to grant the Old Order Amish the right to establish their own schools (should they choose) or to withdraw from public institutions after completing eighth grade. In some communities Amish parents have continued to send their children to public elementary schools even after Wisconsin v. Yoder and in most places tensions have eased considerably after the Supreme Court ruling. The Evolution of the Smith Standard and its Effect on Religion Today Initially the Smith standard was viewed with much apprehension by the religious community and its advocates. It was seen to grant the court a new less restrictive power to burden religion, a power that could prove to extend and grow, a power that if left untended could have a substantial negative effect on religion in America. However as the standard stands today, even its critics would agree that these fears have proven to be largely unfounded, and that its predicted harm had been grossly overestimated. Smith introduced a novel concept. While a law that burdens religion ordinarily must pass strict scrutiny, a neutral law of general applicability need only pass intermediate scrutiny. The policy behind this standard being an assurance that laws do not target religion and are not created in an attempt to restrict religious practice. It is this policy and mindset that has guided subsequent judges in their attempt to define the limits of this standard, and it was only in the standard’s repeated application to an ever changing combination of circumstances that the definition has efficiently evolved. From the simple application of the concept’s language, in Smith, where a neutral and generally applicable law happens to burden religion, to the advanced modern analysis of what neutrality really should include, in Church of Lukumi and Watchtower, we now have a clear, historically fine-tuned precedent, guiding us in the application of this novel standard, one which we can be sure will only continue to evolve in the future. [ 1 ]. Harvard Journal of Law and Public policy: A Matter of Constitutional Luck (spring 2003) [ 2 ]. Sherbert v. Verner,  374 U. S. 398  (1963) [ 3 ]. Employment Division, Department of Human Resources of Oregon v. Smith, 494 U. S. 872 (1990) [ 4 ]. The Constitution of The United States,† Amendment 1 [ 5 ]. Lemon v. Kurtzman,  403 U. S. 602  (1971) [ 6 ]. Employment Division v. Smith, 494 U. S. 872 (1990) [ 7 ]. Id. [ 8 ]. http://en. wikipedia. org/wiki/Employment_Division_v. _Smith [ 9 ]. Employment Division v. Smith, 494 U. S. 872 (1990) [ 10 ]. http://en. wikipedia. org/wiki/Employment_Division_v. _Smith [ 11 ]. Christian Legal Society v. Martinez, 561 U. S. ,130 S. Ct. 2971, 177 L. Ed. 2d 838 (2010 [ 12 ]. Id. [ 13 ]. Id. [ 14 ]. Id. [ 15 ]. Id. [ 16 ]. Lemon v. Kurtzman,  403 U. S. 602  (1971) [ 17 ]. Church of Lukumi  Babalu Aye v. City of Hialeah, 508 U. S. 520 (1993) [ 18 ]. Id. [ 19 ]. Id. [ 20 ]. http://en. wikipedia. org/wiki/Church_of_Lukumi_Babalu_Aye_v. _City_of_Hialeah [ 21 ]. Church of Lukumi  v. City of Hialeah, 508 U. S. 520 (1993) [ 22 ]. Id. [ 23 ]. Id. [ 24 ]. Watchtower Society v. Village of Stratton,  536 U. S. 150  (2002) [ 25 ]. http://en. wikipedia. org/wiki/Watchtower_Society_v. _Village_of_Stratton [ 26 ]. Watchtower Society v. Village of Stratton,  536 U. S. 150  (2002) [ 27 ]. Wisconsin v. Yoder,  406 U. S. 205  (1972) [ 28 ]. http://www. oyez. org/cases/1970-1979/1971/1971_70_110 [ 29 ]. Id. [ 30 ]. http://en. wikipedia. org/wiki/Wisconsin_v. _Yoder

Wednesday, March 11, 2020

Top 5 Tips When Bidding For Freelance Work

Top 5 Tips When Bidding For Freelance Work Top 5 Tips When Bidding For Freelance Work Top 5 Tips When Bidding For Freelance Work By Colin One way of obtaining freelance work is by bidding for work through websites like GetAFreelancer.com, Guru.com or Elance.com. This route to contract work is a handy tool for stop-gap work but can be a minefield for the uninitiated. The idea is based on the eBay model, where clients post the type of work they are looking for within a budget range, timescale, and description of the work they need completed. Freelancers then bid on the job, and the client selects the best fit, or sometimes unsurprisingly, the cheapest offer of work. The system is based heavily on trust and therefore, like the problems experienced by a minority of eBay users, some people have had bad experiences using it. Bidding systems have downfalls as well as advantages, so this article aims at ensuring you get some important advice to ensure you don’t fall into one of the many pitfalls that exist to trap unsuspecting freelancers. Research the Client As with any job you might be considering, find out who you might be working for first. Do they have favourable comments against their ID? Do they have a substantial profile? Do they have a company website? If a posted job doesn’t feel right when you read it, the chances are you should steer clear. There are several giveaways you should watch out for when thinking of bidding for a writing gig: the poster seems confused about what it is they actually want they are a new poster offering a high budget they are a new poster with no references the poster has little or no information in their profile or job description the poster is reluctant to give up much information about himself or the job they are looking for work on a trial basis first All of these instances should set alarm bells ringing in your head, telling you the job you might be about to bid for is not all that it seems. Don’t Bid Low Not only is it an affront to hard working writers the world over, but bidding low for projects reduces your professionalism as well as your chances of moving forward in the industry. Too many jobs appear on these websites advertising work for a pittance but disguised as something fantastic. For example: â€Å"$500 for easy article writing† sounds like a good deal, but when you read the small print, very often you’ll find the client is looking for 500 articles a week at $1 a piece. You would be a fool to go for it, because not only is it demeaning, it also propagates the misunderstanding that writers will work for next to nothing under ridiculous demands. The Writer’s Strike in America should have warned people about this sort of thing, but while there are writers who do it, the problem will always exist. Don’t be one of them. If you are serious about freelance writing, then do your research and stick to the going rate. Not only will people take you more seriously, but you’ll avoid getting involved with cowboys looking for a cheap deal. Remember: people will get what they pay for – $1 per article will rightly get them garbage, compared to a quality article researched and written for $100. By all means bid strategically: if the average bid for a $100-$250 gig is sitting at $150 and this is within decent market rates for that type of work, then be competitive, but don’t lose your self-respect over it. Watch Out For Pirates Suppose a client accepts your bid and the ball is set rolling on a project. You await the full remit but when it arrives you discover it is for something a little bit more than previously agreed. It would be easy to return with a volley of abuse, and it might be even easier to take the work as it is and hope to impress. But don’t. A chancer is at work and he will take you for all you have. If you were to get involved in this type of situation, what’s to say you will even get paid at the end of it? Should you find this happens, a short but polite email to the client explaining the new remit was not what you agreed, but you would be happy to discuss new terms as part of another project over and above the currently agreed one. Do not let yourself be bowled over by slick sales talk or threats of breach of contract –stand your ground and be strong. If you lose the gig then you have lost nothing but a lot of hassle, so thank yourself for having the savvy to get out while you could. If the client is genuinely confused then negotiate a deal for the new work, and who knows, a continuing working relationship may develop to be very fruitful for both parties. Another popular scam is to sign up a writer, only for the client to say they would prefer you to write an amount of the project and submit it in advance, just to see if you are both compatible. Challenge them to put their money up first, stating you don’t work for free, or simply prepare to walk away. The chances are if you undertake this work you can wave goodbye to any form of payment and will never hear from them again. Be Prudent With Payments The main rule when handling payments is safety first. Escrow systems are normally in place to which it is recommended clients place the agreed amount of money first. This money is then held in this third party account until the job is completed and can be released; a system designed to protect both parties from intellectual and monetary theft. Using Escrow means you are also able to leave comments for each other after a project’s completion in order to boost your profile within the community. A downside to this though, is you will normally be charged to withdraw your money to an external account, which if this is PayPal or WorldPay for example, may also take its own percentage depending on the amount. One way around this is to bypass Escrow and simply agree with the client to take payment straight into PayPal/WorldPay. This eliminates any extra charges, but loses the protection afforded from Escrow. In this instance, ask the client to deposit a percentage of the agreed fee into PayPal (unless you have worked with him before), to ensure confidence on either side that the work will be done, and that payment is safe. Don’t Entertain Anything Illegal From time to time seemingly well-paid gigs arise which may be illegal in some countries. Very often jobs are posted that ask the writer to plagiarise other articles or content, write unethical reports with â€Å"guidelines† that consist merely of lies, or offer payment to provide false names or testimonials in articles for people and products that do not exist. Many of these scams are used to gain money from people over the internet under false pretences, which in most countries is an illegal practice called fraud. It goes without saying that jobs like these should be avoided at all costs. Although you may be ghost writing the work, if the cops came looking there will always be a trail back to your computer. All this aside, there are some very good opportunities for work in the form of one-off gigs on bidding sites. They afford the writer a chance to dip their toes into new territory without too much being at stake, and it can be a good way of filling the gaps when things get quiet. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Freelance Writing category, check our popular posts, or choose a related post below:Good At, Good In, and Good WithEnglish Grammar 101: Verb MoodEpidemic vs. Pandemic vs. Endemic