San Joaquin Delta College Yerkovich vs AAA Case Analysis Questions
Read Case Yerkovich v. AAA
https://law.justia.com/cases/michigan/supreme-cour…
1.How is “subrogation” defined?
2.What does the court say about the preexisting duty rule?
3.What is your opinion of this decision?
San Joaquin Delta College Paralegal Internship Letter
You are a student completing their AA in paralegal studies. One of the last steps in completing this is an internship. To help you prepare, your cover letter and as well as your resume are extremely important. Prepare a cover letter for a paralegal internship at a public defender’s office.
Arizona State University Chapter 13 Developing an Individual Differences Measure Discussion
I’m working on a law discussion question and need support to help me understand better.
Please respond to these student discussion boards, each response should be 150+ words followed by 2 references.
1- After reading chapter 13 in the textbook, I have learnt that there are many different factors that goes or play a role into an individual’s resistance to change such as security, habit, fear of the unknown (adjustment), loss of power/ status, and the possibility of having to compromise their own values/ ideals. In my opinion, the fear of the unknown (adjustment) is the most important factor when it comes to why people are resistant to change. Resistance to change is a natural human instinct this is because most people like to have some kind of balance within their lives rather it’s at work or personal. Change means having to adjust to the unknown but being willing to cope with the new situation. According to Michel et al. (2013), the level of resistance towards a specific change event will be influenced by other factors, noticeably the organizational context and the way the change is managed. Organizations understand that change is necessary for the business to be successful in a world that is always changing. One can not stay stuck in one method with no well to explore other options and believe that their organization will continue to thrive. However, it does take certain elements from upper management in order to make the change a smooth transition. Everyone will not be happy but most people will adjust if the change is presented in a positive way.
It is rare that people take change easily. However, a successful organizational leader can overcome some of the individual resistance towards change by positive communication, being open-minded, and be supportive. Positive communication is key for a leader trying to implement change because people want to be heard. Giving people a chance to voice their opinions can help minimize some of the frustration they feel over the change. Which, can make them more comfortable with the change; allowing them to feel more at ease with following the new change instruction. According to Hon et al. (2011), the negative relationship between resistance to change and creativity, and the pattern of results indicates that managing human resources practices may mitigate the detrimental effects of resistance to change on creativity. When a person is comfortable within a job; they are more likely to go the extra mile to make sure they perform to the top standards for the organization. Having positive management is a major plus in the effectiveness of change towards positive resistance.
Reference
Hon, A. H. Y., Bloom, M., & Crant, J. M. (2014). Overcoming Resistance to Change and Enhancing Creative Performance. Journal of Management, 40(3), 919–941. https://doi.org/10.1177/0149206311415418
Michel, A., Todnem By, R., & Burns, B. (2013). The limitations of dispositional resistance in relation to organizational change. Management Decision, 51(4), 761-780. https://doi.org/10.1108/00251741311326554
2- Change is always difficult to deal with and many members may show resistance to it. Police officers resist change when they fear that its costs outweigh its benefits to them. This resistance takes many forms and ranges from simply ignoring some-thing to open rebellion. Managers should not simply assume that individual resistance to change is the result of stupidity, sloth, arrogance, or ignorance but some ideas can be bad, and members may be too invested into programs. Some of the factors are habit, security, fear of the unknown, loss of status and power, and threats to values and ideals. These are factors of individual resistance because the change that may be implemented may affect these factors and members will resist that change to not have their habits or status messed up. According to Golden-Biddle (2020), government officials or leaders may become too personally invested in the new programs or initiatives to rationally judge their potential for success.
As goals, relationships, and people change, the need for modification of organizational structure and function increases. According to Kern & Zapf (2021), managing change through shared responsibilities is a comprehensive approach that combines the best aspects of both top-down and bottom-up processes. A leader can overcome some of these factors of individual resistance by having a constant line of communication. Leaders will have to present relevant information and valid reasons for why change is necessary. Leaders that install good work ethic and trust will have an easier time reducing resistance because both parties are focused on the greater good for the department. A leader should always provide support systems through this change to help overcome resistance. Creating a family type of atmosphere as a leader helps overcome resistance as the members of a department will believe you have the best intentions at heart. Good managers reduce resistance to change by incorporating subordinates into the problem-solving process whenever it is feasible.
Reference:
Golden-Biddle, K. (2020). Discovery as an Abductive Mechanism for Reorienting Habits within Organizational Change. Academy of Management Journal, 63(6), 1951–1975. https://doi-org.lopes.idm.oclc.org/10.5465/amj.2017.1411
Kern, M., & Zapf, D. (2021). Ready for change? A longitudinal examination of challenge stressors in the context of organizational change. Journal of Occupational Health Psychology, 26(3), 204–223. https://doi-org.lopes.idm.oclc.org/10.1037/ocp0000…
3-The factors of individual resistance to change occur, because the members of the organization feel that the cost of the change outweighs the benefit. They identify various factors that affect the resistance to change.
· Misunderstanding and lack of confidence n the changes. This is when the individual does not have trust or confidence in the individual introducing or making the change in the organization. This is the most overlooked cause of failure with the implementation of change.
· Emotional responses to the change. This is hard in most organizational change and individual resistance. Most individuals will have emotion reaction the implemented change, by leadership. Individuals will respond emotionally to any change to their routine. This has to be addressed or it will lead to more resistance.
· Fear of possible failure. This is when individuals will not support the change, because of their fear of failure in completing the task at hand.
· Lack of logical conversation. This is when the leadership is talking at the individual, in reference to future change, rather than talking with the individual and allowing them to give input.
· No definite or true timeline. This is when the management has not given time for a slow and smooth transition to the change. It will not be successful if the change is forced on the individual or members of the organization.
The most effective way to overcome the individual is to lead with new innovative ideas and not with old ways. It is best they have the individuals or employees give and have input in the implementation of the changes. It is best to show that the changes are to the benefit of the organization and the team.
Because of the current economic, social and political environment change is required in most organizations, and there will be signs of group and individual resistance to the changes (Student, 1978).
Reference
Student, (1978). Managing change a psychologists perspective. Business Horizons, 21(6), p. 28-33.
CJUS 640 Liberty University Rulings and Data Discussion Reply
Please respond to the following TWO discussion post from my classmates with 250 words EACH, 1 reference EACH and a biblical viewpoint.
The original discussion post is: Topic: Rulings and Data
Thread: In Chapter 1, the author outlines the differences in the Cultures of Psychology and the Legal System by explaining the differences between rulings and data.
One of these explanations is that precedents influence current rulings in cases.
Discuss the possibility of cases for which there are no precedents and cases for which new laws are being enacted, such as gay marriage and child custody. Who has the rights to the child when both parents are mothers? Fathers? What about marriage between a naturally born male or female and a postoperative gender reassigned male or female? What happens in cases for which there are no precedents? How would students rule if they were judges?
1) Semechee- Precedents are past decisions on legal issues in cases that are as similar as possible to the current case. A legal arguments persuasiveness at tying the case to precedents is what the case often depends on. The key is not to sway too far from the established precedent. Judges’ decisions are based on the doctrine of stare decisis (let the decision stand). Psychology Scientists look at a more future oriented culture. They hold the belief that our current understanding of human behavior should be continually revised due to new and extensive data. (Constanzo & Krauss, 2018)
When there are no precedents and new laws are being enacted, who is granted the rights to a child when the parents are both mothers and fathers? Finding an end to a dispute, means establishing a clear binding ruling. The legal system cannot achieve perfect justice so it must settle for approximate justice through conflict resolution. In a democracy it is critical to resolve disputes in a way that is seen as fair and also promotes social stability. (Constanzo & Krauss, 2018)
Who has the rights to a child when both parents are mothers or fathers? All states deem the best interest of the child as the predominant factor stated that the U.S. Supreme Court in Troxel v. Granville recognized that a fundamental special liberty interest protected by Due Process Clause of the Fourteenth Amendment being, the parents right to care, have control of, and custody of their children. The court qualified this restraint with saying, “so long as the parent adequately cares for his or her children.” The Louisiana Supreme Court recognized that courts need to balance the biological paramount right to the custody of his or her child with the child’s substantive right to the custody of his or her child with the child’s substantive right to a custodianship that best promotes his or her welfare. Louisiana has not recognized a psychological parent-child relationship and no specific provisions exist in Louisiana regarding persons who have committed to same sex or heterosexual relationship in which one parent is the biological parent but both share responsibilities. The only alternative for a nonparent is to seek visitation rights. Yet under Louisiana Law, unless the nonparent is related by blood or affinity or is a stepparent, a nonparent does not have any right of action to pursue visitation. (Gros, 2018)
Many states have adopted preferred custody arrangements. This means that a particular type of custody-usually either joint legal custody, joint physical custody, or sole physical custody will be ordered by the court unless it can be shown it is not in the child’s best interest. (Costanzo & Krauss 2018)
There are different LGBT movements for challenging the rules and norms of government, but many states have banned same sex marriages. Children have equal rights under the constitution, but there are different rules that would apply pertaining to same sex parents.
When there are no precedent’s Judges would rely on laws and the constitution for decision making. The courts may not be able to partake in decision making unless other factors were involved such as discrimination or perhaps mistreatment of the child.
If students were acting as Judges they would also need to follow the written laws and decision-making process based on what is presented and follow the ethical standards.
Costanzo M., K. D. (2018). Forensic and Legal Psychology Psychological Science Applied to Law Third Edition. New York: Worth Publishers.
Gros, M. M. (2018). In the Case of Biology V Psychology Where Did my “Parent” Go? Family Law Quarterly, Vol 52 Iss 1 147-168.
Thomas Nelson Inc. (1987,1988,1991). The Holy Bible. Fort Worth, TX: World Publishing.
2) Mills- People typically think about it a few times before making any huge decisions. The exact process goes for the Supreme Court, where they only hear a few cases a year. They hear the most critical cases about new problems that arise in society and renders a decision. Cases, where there is no precedent, are hard to form judgments about because people must make sure they are doing the right thing for society. Gay and lesbian couples are not anything new, having been around since biblical times. They kept their relationships a secret for the most part throughout history. In Britain in the 1900s, they would try to reprogram people who were gay using electric shock and chemical therapy. According to Wilson (2013), gay couples did not receive any form of recognition before 2004 through the Civil Partnership Act that gave couples the legal rights identical to married couples because it met an emotional need. Bailey claims that the genuine homosexual condition is something that the subject can in no way be held responsible in itself making it morally neutral.
If I were a judge, it would be hard to make the right choice concerning these cases. When it comes to gay marriage and child custody, I do not think much has to change. They say it takes a village to raise a child, and I believe that is true. The most important thing when it comes to children is that they have someone that loves them and takes care of them. A parent’s job is to make sure that their child is safe and secure. They also should ensure that they can provide for the child financially. The parents must consider the child’s emotional stability that includes being there if they cannot sleep. Most things the courts consider when deciding where to place a child are the needs of the children, the parenting capabilities of each parent, and the mental health of all involved parties (Smith, 2017). The person who has the right to the child when both parents are mothers is the one that can take care of and provide for it. The mother has to have time for the child and put its best interest before themselves. When both parents are the father, the child should go to the one who can give it a happy and stable life. In a marriage between a naturally born male or female and a postoperative gender reassigned male or female, the child should go to who they love and love and help them grow as a person. When a case does not have a precedent, the judge must form new rules regarding the situation.
Smith, L., & Frazer, E. (2017). Child Custody Innovations for Family Lawyers: The Future Is Now. Family Law Quarterly, 51(2/3), 193-218. https://www.jstor.org/stable/26909465.
Wilson, M. W. (2013). From Sherwin Bailey to gay marriage: some significant developments in Christian thought since 1955. Modern Believing, 54(3). https://web-b-ebscohost-com.ezproxy.liberty.edu/eh…
CJUS 650 Liberty University 2nd Chance Act Discussion Replies
Please respond to the following discussion post from two of my classmates with 150 words EACH, 2 references EACH and a biblical viewpoint.
the original post is: Topic: The Second Chance Act
Thread: It is often difficult for offenders to adjust after incarceration. The Second Chance Act rejects the notion that recidivism reduction is best achieved through deterrent threats alone. Explain the Second Chance Act, and defend your views on how recidivism reduction can best be achieved.
Replies: Assume that you fully support the Second Chance Act when responding to two of your classmates.
1) Neill- The Second Chance Act was created to aid offenders with reentry into society after incarceration. This Act “supports state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning from state and federal prisons, local jails, and juvenile facilities” (NRRC, 2020). While relief funds were allocated to help provide access to services, I believe the real issue lies within society’s mindset towards deviancy and incarceration.
Our society has a bad habit of judging others, placing damaging labels onto others who have a different lifestyle or culture than them. Turning on the television at any point during the day will give anyone a good understanding on how this country thinks. The government can give money to help offenders enroll in therapy, drug rehab and group meetings to attempt to deter them from offending again, but not much action has been taken to fix the offender’s society. Now, I am not condoning criminal behavior, but I do believe everyone deserves forgiveness. If an offender responds to the other deterrents (incarceration, court ordered services, etc), he could still be set up for failure within his community. We tend to write off those who have been incarcerated, deciding they will forever be a criminal and will never change.
There are a few ways how we can reduce recidivism. One suggestion is to provide educational progression while incarcerated. Studies have shown that “inmates who took part in educational programs while incarcerated had a 43 percent lower chance of recidivism than inmates that did not participate in educational programs” (Jackson, 2020). Incarceration does not only effect those who are behind bars, but their families and the next generation. Children raised in a home where their parents or primary family members have been incarcerated are forced into another perspective and lifestyle than most of their peers. Studies have shown that “socioeconomic disadvantage, crime, and incarceration in the current generation undermine the stability of family life and material support for children. As adults, these children will be at greater risk of diminished life chances and criminal involvement, and at greater risk of incarceration as a result” (Western & Pettit, 2010).
Our country should seek to lower crime and incarceration, not seek for more. We should turn our focus and our money towards methods designed to reduce crime, decrease incarceration, and increase rehabilitation. Many people who commit crimes are labeled by society as black sheep, and destined for their lives to circle around chaos and crime. Instead, we should try to help them move forward and achieve their goals.
Resources:
Jackson, S. (2020, April). 4 Proven Ways to Reduce Recidivism. Retrieved May 21, 2021, from https://www.trendwyoming.org/articles/proven-ways-…
NRRC. (2020). Second Chance Act. Retrieved May 21, 2021, from https://nationalreentryresourcecenter.org/second-c…
Western, B., & Pettit, B. (2020). Incarceration & social inequality. Retrieved May 21, 2021, from https://www.amacad.org/publication/incarceration-s…
2) Stone- In 2004, President George W. Bush said, “America is the land of the second chance, and when the gates of the prison open, that path ahead should lead to a better life,” this led to The Second Chance Act. The Second Chance Act was a bipartisan act of 2007 that expanded reentry services for periople that are leaving prison and return to society, (Gideon and Sung, 2011). This act is the first piece of legislation that attempted to address the multitude of problems that offenders face during and after incarceration. Once The Second Chance Act passed, it provided millions of dollars into rehabilitation, reentry, and reintegration programs for prisoners. The Second Chance Act also had the potential to save taxpayers millions of dollars. It would do this by reducing recidivism rates and lowers arrest and incarceration rates. The act also encouraged collaboration of the criminal justice, public health, and social service systems. (Gideon and Sung, 2011). When it comes down to it, the Second Chance Act, provided different support outlets for prisoners who were being reintroduced into society. This included jobs, education, and drug treatment. The Second Chance Act aimed to improve society in a whole.
I believe the best way to reduce recidivism, is by proper rehabilitation. I am someone who firmly believes that rehabilitation is possible for a lot of prisoners, but the prison system needs to focus on it. There are some prisons that do a great job at this. There are prisons that work on rehabilitating the prisoners, and teaching them a trade. This often helps them when there are released. However, not all prisons do this. We need to look into the mental health of prisoners, and their dependency on drugs and alcohol as well. Mental health is something that needs taken seriously and support needs given to prisoners while they are in prison and reintroduced into society. At the same time, there are prisons that do not offer programs for prisoners who abuse drugs and alcohol. If prisons offered them the support that they needed during their time, and were given the support during reentry, it would help reduce recidivism rates.
References:
Gideon, L., & Sung, H. (2011). Rethinking Corrections Rehabilitation, Reentry, and Reintegration. Sage
CUNY John Jay College Cases of Police Brutality and Use of Force Discussion
Police – Riots-Stress & Use of Force
The Final deals with the stress Police Officers (Constables) face in a deadly riot situation. The riot which occurred several years in London ago gives an honest picture of the feelings that Police Officers have when involved in riot situations, much like what happened recently in America.
Students should read the article and watch the attached video then answer the question in detail in a well written essay. There is no need to list each question however students should deal with each topic a-c in the order as listed.
The 2011 England riots occurred between 6 and 11 August 2011, when thousands of people rioted in several London boroughs and in cities and towns across England. The resulting chaos generated looting, arson, and mass deployment of police and resulted in the deaths of five people, and injuries to over 186 Police Officers.
Protests started in Tottenham, London, following the death of Mark Duggan, a local man who was shot dead by police on 4 August.[12] Several violent clashes with police ensued, along with the destruction of police vehicles, a double-decker bus and many homes and businesses, thus rapidly gaining attention from the media. Overnight, looting took place in Tottenham Hale retail park and nearby Wood Green. The following days saw similar scenes in other parts of London, with the most rioting taking place in Hackney, Brixton, Walthamstow, Peckham, Enfield, Battersea, Croydon, Ealing, Barking, Woolwich, Lewisham and East Ham.
From 8 to 10 August, other towns and cities in England (including Birmingham, Coventry, Leicester, Derby, Wolverhampton, Northampton, Nottingham, West Bromwich, Bristol, Liverpool, Manchester, and Salford) saw what was described by the media as “copycat violence”. Social media sites including Facebook also featured rumours of further disturbances or details surrounding known disturbances which were later proven to be inaccurate; for instance there were rumours of disturbances in the town of Dudley and at the nearby Merry Hill Shopping Centre, but no incidents in these areas were detected by police. Rumours of a hospital being targeted by rioters in Birmingham were also proven to be wrong, as were rumours of disturbances in the Heath Town district of Wolverhampton, which had witnessed a serious riot in May 1989.
By 10 August, more than 3,000 arrests had been made across England, with more than 1,000 people issued with criminal charges for various offences related to the riots.[13] Initially, courts sat for extended hours. There were a total of 3,443 crimes across London that were linked to the disorder.[14] Along with the five deaths, at least 16 others were injured as a direct result of related violent acts. An estimated £200 million worth of property damage was incurred, and local economic activity – which in many cases was already struggling due to the recession – was significantly compromised.
The riots have generated significant ongoing debate among political, social and academic figures about the causes and context in which they happened. Attributions for the rioters’ behavior include such social factors such as racial tension, class tension, economic decline and the unemployment that it had brought, as well as individual factors like criminality, hooliganism, the breakdown of social morality and the development of gang culture.[1]
Link to You Tube Video:
https://www.youtube.com/watch?v=_qktOvVNXwc&t=39s
Questions should be answered in an essay which fully covers all of the questions described below. There is no need to list each question, however the Essay should be well written and a minimum of at least three pages for full credit.
A. What were some of the serious issues faced by Police Leaders attempting to quell the disturbance?
Should the Police (Constables) have been allowed to use Deadly force when being attacked?
B. Did this video and interviews help you understand the stress felt by the Men and Women officers involved?
What was the main emotion most officers them displayed?
Give the name of the officer who displayed the most emotion when being recorded and the type of emotion in detail?
C.What is your opinion of the effectiveness of the tactics used by the Constables?
What if anything would you have done differently if you were the Commander in charge at the time of the Riots?
CJA 474 UOP Lack of Leadership of The Chief Executive Organization Discussion
Read the attached scenario, Off the Rails: A Troubled Criminal Justice Agency.
Write a 700- to 1,050-word paper assessing the situation at the detention center. Include a discussion of the following questions:
Include at least one scholarly source in addition to the textbook.
Format paper according to APA guidelines.
UP Prison Environment Discussion
I don’t know how to handle this Criminal Justice question and need guidance.
Understanding corrections means learning about policy and procedure. How would you describe the prison environment? How does the prison environment influence institutional management and custody? What changes to the prison environment would improve institutional management? Provide Examples
Keiser University Tampa Week 4 Rational Thinking Discussion
Need help with my Law question – I’m studying for my class.
how does one keep emotion/subjectivity out of the rational model decision making process? Or is it even possible?
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