Wednesday, August 21, 2019

Transparency In Government Essay Example for Free

Transparency In Government Essay Introduction. Government organs and state owned enterprises are major buyers and sellers having a great impact on international trade. According to an OECD estimates, the total government procurement worldwide was estimated to be roughly equivalent to 82.3% of world merchandise and commercial services exports in 1998 alone[1]. Such public spending is essential in running government welfare programs such as, health, education, and pension and managing the infrastructure for future development. In order to obtain cost effective prices for contracting the services to run these projects, an efficient public procurement policy that incorporates elements of transparency and competition needs to be established to ensure that the tendering process is open to all interested parties. Besides, knowledge about a country’s contestable shares is important not only for investors, but also governments and trade negotiators. The Chairman of the WTO Working Group on Transparency in Government Procurement Practices, established after the 1996 WTO Ministerial Conference in Singapore, identified Transparency in Government Procurement as one of the twelve issues around which discussions on procurement matters at the WTO have been organized. This paper analyses in depth this issue with a view to improving market access and national welfare. For this purpose, we present the following structure. (SECTION II) The relationship between public procurement, market access and national welfare: Traditionally, public procurement is viewed as a sovereign domain of governments except when it is relinquished in favour of international trade agreements such as the WTO Agreement on Government Procurement. Though it’s easy to agree on a policy for ensuring transparency in Public Procurements, the implementation of such a policy depends on, among other factors, whether such an agreement will improve market access for suppliers at the same time cater for the county’s national welfare. Hence the main objective of this paper is to answer the question on whether transparency in Public Procurement can achieve both objectives. Here, we confirm that lack of transparency in PP reduces market access and national welfare only in the short run where the government’s demand is initially more than the total domestic supply but does not affect prices in the long run under perfect market conditions. {Baldwin and Richardson (1972)} at the same time, we examine the trade impact of transparent procurement policy and support the view that non-preferential procurement policy results in huge gains in national welfare. {Lowinger (1976) and Deardorff and Stern (1979)} (Section III) Actual data on the size of government procurement practices: Though the Data on government procurement markets are both scarce and non-standardized, we intend to measure the quantity of government procurements markets in the international trade. We shall also analyze the methodology used in collection and calculation of data from various countries with emphasis on SNA, WTO notifications, EC study based on EU official journal and the â€Å"bottom up approach[2]† The role of the OECD Trade Committee in respect of its analysis of government procurement practices shall also be examined.[3]. Section IV Rationale for discriminative practices: Cost effectiveness, geographical proximity especially for non-tradable goods[4] nationalism, corruption,[5] and protectionalism are some of the rationales that we shall discuss. We shall review the Keynesian theory associating procurement discrimination to macroeconomic development. Some projects that are prone to preferential treatment such as the aviation industry and defence contracts are also discussed. forms of discrimination such as the â€Å"outright exclusion† in which foreign bidders are excluded from tendering process, â€Å"preferential price margin† in which local bidders are preferred as long s the price difference doesn’t exceed specific margin and the concept of   â€Å"domestic content requirement† in which foreign suppliers are automatically disqualified from bidding unless they commit to purchase some components from domestic firms[6] have been reviewed. Section V Summary of the effect of preferential treatment: We present that procurement policies favouring domestic firms and products can impede international commerce especially when there is an outright ban for foreign suppliers. But at the same time local firms will greatly benefit thereby boosting national income. A liberalized policy on the other hand may achieve the WTO aim of market access, which in turn will positively affect national welfare, but transparency reform need not improve market access and welfare simultaneously[7]. We shall also highlight the importance of transparency in PP to global trade initiatives. Section VI Measures to improve transparency in procurement policies: We shall review reform initiatives and the factors aiding or hindering such reforms. International commitment in improving market access and national welfare shall also be discussed. We shall provide an overview of the achievements and failures of the following agreements in this regard. GATT 1947 The Tokyo round 1979 The Uruguay round 1994 The Singapore ministerial conference (1996) The Doha ministerial declaration (2001) Beyond the Cancun collapse The concluding remarks are given in section VII.   ACRONYMS OECD WTO World Trade Organisation SNA EC European Commission EU European Union PP Public Procurement GATT General Agreement on Trade and Tariffs. [1] OECD, The Size of Government Procurement Markets 11-Feb-2002, Available at http://www.oecd.org/dataoecd/34/14/1845927.pdf [2] This is a method of gathering national data on procurement expenditure directly from the national procurement agencies of various countries. [3] Please study OECD Draft instrument on Government Purchasing Policies, Procidures and Practices forwarded to GATT in 1976 for better understanding. [4] Breton and Salmon, (1995) [5] Corrupt officials expand expenditures (Hines, 1997). For a detailed political economy rationale for reform see Hoekman (1998) [6] OECD, The Size of Government Procurement Markets 11-Feb-2002, Available at http://www.oecd.org/dataoecd/34/14/1845927.pdf [7] Government procurement: market access, transparency, and multilateral trade rules Simon J. Evenett, Bernard M. Hoekman

Counterculture Paper: Hackers

Counterculture Paper: Hackers Throughout history countercultures have emerged that challenge the established norm. Whether they are a group of Hippies or the Russian Mafia, they are still considered to be a counterculture which rejects the pre-established norms of the larger cultures and replace them with their own values and practices (Thomas). One modern counterculture is hackers. There are three different kinds of hackers, black hat, gray hat, and white hat. All groups defy the norm, but black hat hackers are more well-known and are often what people associate with the word hacker. The word hack first appeared in the English language around 1200 (Yagoda). At that point in time, it did not refer to technology. Hacking began being associated with technology and machines in 1955 at Massachusetts Institute of Technology when it was used to describe someone who used unconventional and creative ways to solve problems (Yagoda). This continued on until the Jargon Files released eight definitions of the word hacker, the last one referring to a person with malicious intent (Yagoda). When self-proclaimed teenage hackers accessed forbidden information and were subsequently arrested, hacking gained a negative connotation (Yagoda). Since the 1970s hackers have infamously stolen money, information, and more from unsuspecting people and companies. There have been a few hackers who have stood out from the rest. Vladmir Levin, a Russian hacker, stole nearly $10 million from Citibank without the use of a computer in 1995; he served three years in prison for his crime (Weissman). Albert Gonzalez stole millions of credit and debit card numbers to execute one of the largest identify theft schemes to date; he was apprehended and sentenced to 20 years in prison (Weissman). Another Scottish hacker by the name of Gary McKinnon was a computer prodigy by the age of 14 and managed to hack 97 American military networks in the early 2000s; despite the U.S.s attempts to extradite McKinnon, he has found asylum in the UK (Weissman). An unidentified Greek hacker who goes by the name Astra accessed confidential information about jet fighters and military-grade aircrafts; he then proceeded to sell the stolen information over the span of five years, adding up to $360 million lost by Dassault Group (Weissman). One of the most infamous hacktivist group is known as Anonymous. Founded in 2003, Anonymous is known for leading online campaigns to voice their opinions on political and social events (Weissman). Anonymous is open to anyone who wants to voice their opinion and includes people of all races, religions, political standings, sexual orientations, nationalities, and genders (Sands). With no specific agenda, Anonymous aims to call attention to censorship, government control and freedom of speech; anyone is allowed to propose ideas, and members will voice their opinions which leads to the idea being accepted or rejected by the group as a whole (Sands). With the proper connections, anyone can gain access to chat groups where Anonymous members discuss ideas and their beliefs (Sands). Once an idea is accepted, the group will persistently attack its target in an effort to gain support from the public and bring about change (Sands). Since its birth, Anonymous has grown into one of the most recog nizable hacktivist groups that spans the globe, yet has no known leader; with their abilities, they have carried out some of the most well-known hacks targeting groups like the Church of Scientology, the KKK, and PayPal (Sands). There are three primary classifications for hackers: white hat, black hat, and gray hat. White hats are normally security researchers; they are hired by companies to find security vulnerabilities and report them to the company to be fixed (Zetter). Black hats are what people normally think of when hearing the word hacker. They are malicious and use their extensive knowledge of operating systems to steal information such as passwords, credit card numbers, or data (Zetter). After stealing information, they often use it to their advantage to blackmail people or receive money, or they sell it to other hackers or groups for large sums of money (Zetter). Gray hats are a mix of white and black hat hackers. They may sell their information to the government so that they can hack the systems of other criminals or enemies; these people may work alone or in groups to accomplish their tasks (Zetter). Over the past few decades, hackers have become increasingly public with their stances and are usually motivated by money and/or the prospect of having their voices heard by people all over the world. Using the sociological perspective, which is the ability to look at the hidden meaning behind peoples actions, allows people to analyze why hackers do what they do (Thomas). For hacktivists, like Anonymous, they want to influence social and political events. For example, they recently targeted Donald Trump by releasing his personal information; this act gives the public insight into their opinion of the current president (Sands). Other people may use hacking to voice their opinions on animal cruelty or other controversial topics, like abortion. Sociological imagination, which involves seeing the connection between ones life and the larger world, can also be applied to observing hackers (Thomas). Some hackers work on a large scale, but their actions have encouraged changes that affect us every day. For example, hackers motivate companies to install strong firewalls to prevent people like Kevin Mitnick from hacking government organizations, like the NSA (Weissman). This indirectly effects our lives, even if we do not see the consequences. Ethnocentrism and cultural relativism are both used to make judgements about a culture. Ethnocentrism involves comparing one culture to another, while cultural relativism involves making judgments about a culture using their own standards (Thomas). Larger society sees hackers as a counterculture because they compare their norms to hackers norms. When doing this, they automatically view their culture as superior and look down on hackers, which aided in the negative connotation associated with the word. Hackers, however, employ cultural relativism, which does not involve comparing themselves to another culture, to judge whether or not their actions are acceptable. This can explain why black hat hackers do not look at their actions as being punishable; this could also be why groups like Anonymous are so motivated and do not see anything wrong with targeting groups and organizations that do not agree with their views. Exploring the world of hackers has allowed me to see the world through their eyes if only for a moment. I can understand why hackers exploit people and organizations, but I do not agree with their views. I believe in freedom of speech, but I do not believe in secretly hacking companies to voice their opinions. It almost seems like cheating, and I believe that there are legal ways to start a movement and bring about change that do not involve stealing information. As for black hats that are simply in it for the money, I do not support their actions in the slightest. I believe that they could use their talents to get a job that would still pay enough money to live comfortably. Hackers have played a significant role in molding modern society, and I do not see them going away soon. However, I am glad that they have kept the government on their toes. With that being said, hacking has evolved, and will continue to evolve as technology becomes more advanced. I am excited to see what the fut ure holds and what role hackers play in it. Works Cited Sands, Geneva. ABC News. 19 March 2016. 10 March 2017. Thomas, W. LaVerne. Sociology: The Study of Human Relationships. Austin: Holt, Rinehart, and Winston, 2003. Weissman, Cal Guthrie. Business Insider. 10 April 2015. 9 March 2017. Yagoda, Ben. A Short History of Hack. The New Yorker 6 March 2014. Zetter, Kim. Wired. 13 April 2016. 11 March 2017.

Tuesday, August 20, 2019

Interview Essay - Emelie Konold -- Interview Emelie

Interview Essay - Emelie Konold Emelie Konold was born on July 25, 1924. She enjoys keeping active by meeting new people and being with friends. She also enjoys taking classes at Saddleback College, and sewing. Emelie defines happiness as a pleasant feeling of joy and wellbeing. Her definition has evolved over the years. She says, "When you are young, you do not think about happiness, because you are born with a certain temperament. You are always happy because it is acquired." Emelie knows that she is happy when she experiences no depression. She said, "Happiness is a feeling inside where you don't mope. You are active, and pleasant to people." When asked who or what she turns to when she is unhappy she answered, "When I am down I get busy. I do not turn to anybody because I do not want to put it on them." When asked what makes her unhappy she said, "I do not mope or get sad about other people. I am never sad." She has many activities that contribute to her happiness. They include meeting and being with people, learning and taking classes, sewing, and basically keeping active. When asked how other people's attitudes affect her, Emelie said that she is concerned when there is arguing, or when people are sad. In such a case, she will talk to them and make them feel at ease. It makes her happy to go to lunch and gab with her friends, but if she can't change the other person's attitude, she simply doesn't worry about it. "If I can change it, even by talking, then I will change it", she says. Emelie's childhood had an affect on her sense of happiness. "I had a dear mother who had multiple sclerosis, but that never got me down. I also had three brothers. There were difficulties in my childhood, but I was fortunate to h... ...ins are the closest things to God. Whenever I need to be close to and speak to God, that is where I go." She is familiar with the mountains in Utah, but says that any mountains will do. Emelie's piece of advice for achieving happiness is to believe in some form of religion, get an education and be good to your fellow man. She advises that whenever you face peer pressure, choose what will make you a better person. Don't let your peers pull you down, instead let them grab you and pull you up. All of this ties into her philosophy on life. Emelie believes in living your life the best that you can. Don't worry about things because feeling unhappy all of the time is not a good thing. Instead give what you can to society and to your friends. Emelie is a very strong person. I felt a connection with her from the first few minutes we spoke. I have a friendship with her. Interview Essay - Emelie Konold -- Interview Emelie Interview Essay - Emelie Konold Emelie Konold was born on July 25, 1924. She enjoys keeping active by meeting new people and being with friends. She also enjoys taking classes at Saddleback College, and sewing. Emelie defines happiness as a pleasant feeling of joy and wellbeing. Her definition has evolved over the years. She says, "When you are young, you do not think about happiness, because you are born with a certain temperament. You are always happy because it is acquired." Emelie knows that she is happy when she experiences no depression. She said, "Happiness is a feeling inside where you don't mope. You are active, and pleasant to people." When asked who or what she turns to when she is unhappy she answered, "When I am down I get busy. I do not turn to anybody because I do not want to put it on them." When asked what makes her unhappy she said, "I do not mope or get sad about other people. I am never sad." She has many activities that contribute to her happiness. They include meeting and being with people, learning and taking classes, sewing, and basically keeping active. When asked how other people's attitudes affect her, Emelie said that she is concerned when there is arguing, or when people are sad. In such a case, she will talk to them and make them feel at ease. It makes her happy to go to lunch and gab with her friends, but if she can't change the other person's attitude, she simply doesn't worry about it. "If I can change it, even by talking, then I will change it", she says. Emelie's childhood had an affect on her sense of happiness. "I had a dear mother who had multiple sclerosis, but that never got me down. I also had three brothers. There were difficulties in my childhood, but I was fortunate to h... ...ins are the closest things to God. Whenever I need to be close to and speak to God, that is where I go." She is familiar with the mountains in Utah, but says that any mountains will do. Emelie's piece of advice for achieving happiness is to believe in some form of religion, get an education and be good to your fellow man. She advises that whenever you face peer pressure, choose what will make you a better person. Don't let your peers pull you down, instead let them grab you and pull you up. All of this ties into her philosophy on life. Emelie believes in living your life the best that you can. Don't worry about things because feeling unhappy all of the time is not a good thing. Instead give what you can to society and to your friends. Emelie is a very strong person. I felt a connection with her from the first few minutes we spoke. I have a friendship with her.

Monday, August 19, 2019

The Ethical Considerations of Genetic Screening :: Science Genes Biology Papers

Ever since Watson and Crick deciphered the biological code of life, scientists have been busy unraveling the mysteries of life. A recent development in the area of genetic research has been the Human Genome Project (HGP). The HGP is a massive international effort to map and sequence the entire human genetic code. The primary goal of this research is to link certain diseases with abnormal genes that may be possessed by certain people. This would allow researchers the ability to screen individuals for certain diseases. This has already been a success with a number of conditions. PKU is a condition that causes severe retardation in children if nothing is done to prevent it, but by genetically screening the infants, doctors are able to tell who has the disease (Davis 1990). By simply altering the diet of these children, the mental retardation effects of the disease can be prevented. In addition, diseases such as Huntington’s disease, breast cancer, and muscular dystrophy are prese ntly being screened for in humans (Jaroff, 1996). How researchers are able to screen for genes New developments have given researchers the ability to decipher the genetic code of organisms. Some of the techniques that researchers use are RFLP (restriction fragment length polymorphism) analysis and DNA probes. RFLP analysis utilizes enzymes from bacteria that are thought to be used as defense mechanisms against invading viral DNA. The enzymes fragment foreign DNA at specific locations depending on the base sequence (Griffiths, 1996). In order to analyze an organism’s genome a researcher will add a certain restriction enzyme to DNA. This produces small restriction fragments of DNA that vary in length. Electrophoresis is then used to separate out the various fragments of DNA. This is accomplished by subjecting the fragmented DNA to an electrical charge after it has been placed onto an agarose gel plate. Due to differences in length, the DNA restriction fragments will be separated in the gel plate. Another useful tool for scientists has been the DNA probe. A DNA probe is a piece of DNA that binds to certain sequences of the hosts DNA (Devore, 1998). The probe is able to do this because the DNA strand of the probe only binds to the appropriate DNA with a complementary sequence. Scientists label the probe with florescent markers or radioactive markers so that the gene of interest can be visualized. Often probes are used in conjunction with RFLP. After the organisms genome has been fragmented and electrophoresed, an absorbent membrane is placed over the gel and the DNA bands are "blotted" onto the membrane (this technique is called Southern Blotting).

Sunday, August 18, 2019

Financing the Purchase of an Existing Website :: Sell Websites Buy Websites

Financing the Purchase of an Existing Website Reprinted with permission of VotanWeb.com If you're thinking about buying a website, you'll be pleased to learn that financing the purchase is generally quite easy. In fact, it's far simpler to get the money you need to buy an existing website than it is for a start up. Most people simply don't realize how to do it. Don't get the wrong idea: you're not going to buy a business, at least a good one, with no money down; that only happens in the infomercials on TV. Many prospective website buyers mistakenly believe that traditional lenders will welcome them with open arms when they present them with a website they're looking to acquire. Unfortunately, nothing can be farther from the truth. It still amazes me how the banks have got most people fooled. They run these great ad campaigns promoting themselves as business friendly but try to get them to lend you money to buy a website. It won't happen. It doesn't matter how experienced you are, or what your relationship is with them. Unless you're prepared to collateralize the loan 100% with personal liquid assets, they aren't going to give you a penny. So don't waste your time seeing them. With the terms they offer, it's just not worth it. The Small Business Administration does NOT lend money for people to buy businesses. The SBA guarantees loans made by lenders (up to a certain amount) for small business acquisitions. There are both good and bad points to an SBA loan. The good news is that there is money available; up to $1,300,000 The terms for repayment are favorable-up When a business passes the SBA qualifications, you can be fairly confident that it is a solid business If you do not have at least 25% equity in your home, you may not have to fully collateralize the loan. Typically, they will finance 70-80% of the deal. You may be thinking, if you can make the acquisition with 20% down, why would you even think about anything else? Here's why: Many small websites won't pass the SBA requirements The financial review is based upon the weakest of the past two or three year's tax returns You must have demonstrative experience in a business that is similar to the one you are considering

Saturday, August 17, 2019

Movie Analysis: “Goodfellas” and “A Clockwork Orange”

Goodfellas: a film on Juvenile Delinquency. The film â€Å"Goodfellas† by Martin Scorcese showcases the day-to-day life of a Mafia family. As compared to other mafia movies that focus on an individual character, Goodfellas showcased the mafia account as a whole, general point of view. The movie’s main character is Henry Hill, whose transition from a street scum to a mafia became the main plot of the story. All the other events were more in-depth analysis of the formation of a mafia family, its management, its initiation, and its ups and downs (Cannon, 1997). Henry Hill dreamt of a mafia life. He spends time on the streets, looking at working-class people, thinking about their clothes, cars, and basically every luxury that he could dream about. For him, mafia is the only way to achieve a luxurious life. He started running errands for small time gangsters, until one time, Paul Cicero took him under his wing as his apprentice. He became Pauli’s sort of a right hand. As an apprentice, he has adopted some of the mafia ways, and came into liking it, getting accustomed with it. Young Henry’s ways were never a good sight for his parents. They didn’t like him getting along with his gang that’s why they always fill him with arguments, telling him to get away from them. But he never listened to what they say. He liked the gangster life: he easily gained a following, using these people to scare others, thus gaining â€Å"respect† from many people. You are respected by a lot of people if they fear you, and that’s what Henry Hill wanted to earn. Henry failed his schooling, something that his parents never found out, since he put on some frighteners on the postman to make sure that the letters from the school never reaches his parents. There came a time when Henry was arrested by the local police. He was investigated, asked who was with him, but he chose to put a tight lid in his lips. He never squirmed, even with the threats and the physical pains that they gave him. Unknowingly for Henry’s part, he has just completed the final part of the initiation; he is now officially a â€Å"goodfella.† He has been tested by the top leaders of the mafia family, including Pauli, James Conway, and Tommy DeVito. The following years were the â€Å"good times† for Henry. Money was flowing like water for him. The respect he was looking for back then is easily given to him at these good times; even the cops fear him and give him respect. At a certain point in his career, he met a fine young woman, Karen. This Jewish girl becomes his wife and bore of his kids after a few years. Meanwhile, Henry hasn’t given up on a life of a women and wine, wherein he has mistresses and keeps on going into nightclubs. Well, they can have anything they want in these â€Å"good times.† The glory days came to an end when another member, Tommy, killed an important mafia member. Pauli and Henry wind up in jail, but their lives were merely affected: they’re respected even in prison. But his family suffered. Karen was deserted by the people she trusted because there is no more Henry to earn them respect. While in prison, Henry became addicted to drugs. This broke him to half the man he was before. It was then became his problem when he was finally released. A Clockwork Orange. This is set in the future England, 30 years from the actual time that it was made. It revolves around the character of Alex de Large, age fifteen; a leader of a small group of gangsters, which calls themselves as â€Å"droogs.† His activities revolve around deriving pleasures from classical music, to raping various women, and ultraviolence – a random act of unjustified, extreme violence (Dirks, 1996). Alex’ character is basically full of negative aspects, wherein he is used to abusing other people just for the fun of it. He is sent to school by his parents but chose to skip and not attend at all. He has an eccentric character which is justified by his terrarium and a pet boa named Basil. He also has an expensive audio system: a stereo sound deck that plays most of his classical recordings collection. The reign of the evil Alex after an arrest: this was set-up by his droogs. He learns that the person they robbed died, leaving him as the only suspect for the crime, as a murderer, not just a robber. He was sent to prison with 14 years in his head. After two years, he was given a chance to be set free by means of a parole. This is through a deal: he will be a test subject of a certain Ludovico technique, wherein it was said to solve societal crimes. Because of that, he became incapable of violence, and also not able to touch naked women, and not being able to stand Beethoven’s Ninth Symphony. When he was released, he has nowhere to go. His parents did not welcome him in their own house. While wandering in the streets of London, he encountered previous acquaintances. These people were oppressed by the evil Alex. Apparently, they have returned the favor and all attempted to kill him. They were assaulting him, and Alex is left with nothing to do but run. The Ludovico left him as a violence-free man, wherein he can’t fight back, even in self defense. He came into the woods and came into a house of a writer. The writer discovered that it was Alex who has raped his wife and has beat him to a pulp. He then drugged Alex and planned to drive him insane by making Alex hear the Ninth Symphony in full blast. Alex decided to kill himself by jumping out of the window, but he did not succeed in killing himself. The movie came to an end with Alex returning to his old self, and a narration, telling that he was cured. Characteristics of Juvenile Delinquents. Looking closely at how the movies portrayed these delinquents, it could be generalized that these delinquents exhibit certain characteristics different from their peers. These characteristics can be classified as either fundamental personality factors, mode of social interaction, or some background traits. It could then be seen as that this traits could be significant indicators of delinquent activity in a person. This is essential in finding out the sources or causes of certain delinquencies, thus making it easier or better to understand these people (Mason, 2004). Fundamental personality factors are often seen as the major trait of a certain delinquent. They exhibit these traits in front of the people, unknowingly or knowingly, since it is their innate trait in them. These traits include hyperactivity, alcoholic tendency, and psychosis. They are often small in stature and of poor health conditions. These are more on the males than the occurrence in females. Their outlook towards the society, or their social interactions could also be a proof of their delinquency. This is associated with bad temper or short temperedness, which is commonly found on most of the delinquents. The traits that are indicators of their social interactions can be unpopularity among peers, disruptive behavior is school, a difficult childhood as perceived by parents, violence towards others, and poor performance in school works and activities. Theories of delinquency. The theory that could be applied in the movie â€Å"Goodfellas† was the Strain Theory. This is theory states that the conditions of a society which could be detrimental to the success or social status of a person could cause him to become a delinquent. In the movie, the young Henry Hill was transformed to become a juvenile delinquent because of his dream of becoming a mafia, because he wants to alleviate his position in life. He is living a poor life, that is why he was somewhat driven to live a life of a gangster. This is a solid manifestation of juvenile delinquency under Strain Theory (â€Å"Strain Theory†, 2001). The theory that could be associated with the movie â€Å"Clockwork Orange† is the Self –Control Theory of Delinquency, proposed by Gottfredson (Welch, 1998). In this theory, it is stated that self control is the main theme in which crimes originates. It is not deterministic; hence the people who engage on these crimes seek a sort of gratification, a certain pleasure that is why they engage on various analogous behaviors. These behaviors that provide this short time pleasure or gratification are smoking, drinking, gambling, irresponsible sex and much more. These are commonly manifested by criminals, who are looking for that instant achievement of pleasure or gratification. Causes of delinquency. In the movie â€Å"The Goodfellas,† as well as the â€Å"Clockwork Orange,† the main cause of his delinquency was his motivation to alleviate his social status from poor to a well-off person, and he views that the only way he can achieve it is through becoming a gangster. With this, he opened himself on becoming a juvenile delinquent. He didn’t attend school, he was involved in fights and other illegal activities, and he adapted the ways of the gangsters who was with him. Analyzing this carefully, we could see that a cause for his delinquency was his social status: he was poor, and he didn’t want to stay that way. Another is the environmental factors that play on a person’s life. This is accounted by his frequent rendezvous with these gangsters, which is also the reason why he adapted a delinquent kind of lifestyle. Juvenile Justice. Juvenile justice is a law in the justice system that deals with persons which are found to have committed crimes below the legal age which is 18 years old. This juvenile justice system is aimed towards rehabilitating these young criminals, since they are not yet of the right age, and assumed to be not in the right frame of mind. But they could relinquish their hold on these criminals depending on the weight of the crime, or the court waives to do so (Burns, 1994). There is legislation for the protection, care, and custody of these children under their jurisdiction, since they are the ones that manage these legal concerns. People often deal with this delinquency problem by looking at the root of the problem: society and its components The society shouldn’t rely on the authorities alone. They have a lot of other concerns that they may have little time to deal with juvenile delinquencies. The people should start with their own homes and see whether they have proper communication with their children. Another is making sure that the environment is safe, free from other factors that could elicit delinquency. If it still couldn’t be managed, then that’s the time we need professional help. The authorities are more than willing to help, especially if the people are cooperating with them. There should be partnership with the authorities and the locals in order to solve the problem of juvenile delinquency. References: Burns, K. S. (1994). Juvenile Justice System. from http://www.karisable.com/crpunyouth.htm Cannon, D. (1997). GoodFellas (1990).  Ã‚   Retrieved April 8, 2007, from http://www.film.u-net.com/Movies/Reviews/GoodFellas.html Dirks, T. (1996). A Clockwork Orange (1971) Retrieved April 8, 2007, from http://www.filmsite.org/cloc.html Mason, T. (2004). The characteristics of delinquents. from http://www.timothyjpmason.com/WebPages/Deviance/Deviance4.htm Strain Theory. (2001).  Ã‚   Retrieved April 8, 2007, from http://www.skidmore.edu/academics/english/courses/en205d/student7/anomie.html Welch, K. (1998). Two Major Theories of Travis Hirschi.  Ã‚   Retrieved April 8, 2007, from http://www.criminology.fsu.edu/crimtheory/hirschi.htm      

Friday, August 16, 2019

The Alien and Sedition Acts 1798

The Alien and Sedition Acts of 1798 challenged the Bill of Rights, but ultimately led to a new American definition of freedom of speech and the press. When John Adams succeeded George Washington as president in 1797, the Federalist Party had controlled Congress and the rest of the national government from the beginning of the new nation. Adams and the other Federalists believed that their political party was the government. The Federalists believed that once the people had elected their political leaders, no one should publicly criticize them.The Federalist Party, led by Alexander Hamilton, aimed to create a stable and secure country, safe for business and wealthy men of property. The opposition Democratic-Republican Party was bitterly opposed to the Federalists. Led by Thomas Jefferson, it tended to represent poor farmers, craftsmen, and recent immigrants. (The party was commonly referred as the Republicans or Jeffersonians. It was the forerunner of today's Democratic Party. ) In fo reign affairs, the Federalists detested the French Revolution of 1789 because it led to mob rule and confiscation of property.The Republicans supported the French Revolution for its democratic ideals. In 1794, President Washington negotiated a treaty with England to settle outstanding differences between the two countries. The resulting improvement in American-English relations angered the revolutionary French leaders, who were enemies of the English. In the election of 1796, Federalist John Adams won the most electoral votes to become president. Republican Thomas Jefferson came in second, which made him vice-president. (The 12th Amendment later changed this election method, requiring separate electoral ballots for president and vice-president.) Shortly after becoming president, Adams sent diplomats to France to smooth over the bad feelings. But three French representatives—dubbed X, Y, and Z—met secretly with the U. S. diplomats and demanded $10 million in bribes to t he French government to begin negotiations. When the Americans refused, Mr. X threatened the United States with the â€Å"power and violence of France. † News of the â€Å"XYZ Affair† enraged most Americans. Many Federalists immediately called for war against France. President Adams, however, only proposed war preparations and a land tax to pay for them.On the defensive, Republicans spoke out against the â€Å"war fever. † Neither the United States nor France ever declared war. But the Federalists increasingly accused Jefferson and the Republicans of being a traitorous â€Å"French Party. † A leading Federalist newspaper proclaimed to the nation, â€Å"He that is not for us, is against us. † ? The Alien Acts Rumors of a French invasion and enemy spies frightened many Americans. President Adams warned that foreign influence within the United States was dangerous and must be â€Å"exterminated.† The Federalist majority in Congress quickly pass ed four laws in 1798 to make the United States more secure from alien (foreign) spies and domestic traitors. Most of these laws, however, were also intended to weaken Jefferson's Democratic-Republican Party. The first law, the Naturalization Act, extended the time immigrants had to live in the United States to become citizens from five to 14 years. Since most immigrants favored the Republicans, delaying their citizenship would slow the growth of Jefferson's party.The Alien Enemies Act provided that once war had been declared, all male citizens of an enemy nation could be arrested, detained, and deported. If war had broken out, this act could have expelled many of the estimated 25,000 French citizens then living in the United States. But the country did not go to war, and the law was never used. The Alien Friends Act authorized the president to deport any non-citizen suspected of plotting against the government during either wartime or peacetime. This law could have resulted in the m ass expulsion of new immigrants.The act was limited to two years, but no alien was ever deported under it. The fourth law was the Sedition Act. Its provisions seemed directly aimed at those who spoke out against the Federalists. ? The Sedition Act In general, sedition means inciting others to resist or rebel against lawful authority. In England, â€Å"seditious libel† prohibited virtually any criticism of the king or his officials. English common law held that any spoken or written words that found fault with the king's government undermined the respect of the people for his authority. The U. S.Sedition Act first outlawed conspiracies â€Å"to oppose any measure or measures of the government. † Going further, the act made it illegal for anyone to express â€Å"any false, scandalous and malicious writing† against Congress or the president. Significantly, the act did not specifically protect the vice-president who, of course, was Jefferson. Additional language pun ished any spoken or published words that had â€Å"bad intent† to â€Å"defame† the government or to cause the â€Å"hatred† of the people toward it. These definitions of sedition were more specific than those found in English common law.Even so, they were still broad enough to punish anyone who criticized the federal government, its laws, or its elected leaders. Unlike English common law, the Sedition Act allowed â€Å"the truth of the matter† to be a defense. The act also left it to the jury to decide if a defendant had â€Å"bad intent. † Penalties for different provisions of the law ranged from six months to five years in prison and a fine of up to $5,000 (more than $100,000 in today's dollars). The Republican minority in Congress argued that sedition laws violated the First Amendment to the U. S.Constitution, which protects freedom of speech and the press. The Federalists countered by defining these freedoms in the narrow English manner. Accor ding to English law, free speech and press only applied before the expression of ideas. The government could not censor or stop someone from expressing ideas. But after the words had been spoken or printed, the government could punish people if they had maliciously defamed the king or his government. The Federalist majority in Congress passed the Sedition Act and President Adams signed it into law on July 14, 1798.It was set to expire on March 3, 1801, the last day of the first and—as it turned out—only presidential term of John Adams. ? The Attack on the Republicans Secretary of State Timothy Pickering was in charge of enforcing the Alien and Sedition Acts. He immediately began to read as many Republican newspapers as he could, looking for evidence of sedition against President Adams and Congress. In October 1798, a Vermont Republican congressman, Matthew Lyon, became the first person to be put on trial under the Sedition Act. Like most Republicans, Lyon opposed going to war against France and objected to the land tax to pay for war preparations.Lyon wrote a letter published in a Republican newspaper, criticizing President Adams for â€Å"a continued grasp for power. † He also read aloud at several public meetings a letter written by poet Joel Barlow who jokingly wondered why Congress had not ordered Adams to a madhouse. A federal grand jury indicted Lyon for intentionally stirring up hatred against President Adams. Unable to find a defense attorney for his trial, Lyon defended himself. The U. S. marshal, a Federalist appointee, assembled a jury from Vermont towns that were Federalist strongholds.Lyon attempted to prove the truth of the words he wrote and spoke, as permitted by the Sedition Act. This meant that the burden of proof was on him. Lyon had to prove the words in question were true rather than the prosecutor having to prove them false. Lyon also argued that he was only expressing his political opinions, which should not be subje ct to the truth test. The jury found Lyon guilty of expressing seditious words with â€Å"bad intent. † The judge, also a Federalist, sentenced him to four months in jail, a $1,000 fine, and court costs. Lyon ran for re-election to Congress from his jail cell and won.Vermont supporters petitioned President Adams to release and pardon him, but Adams refused. When Lyon was released from jail, he was welcomed as a hero in his Vermont hometown. He was cheered along the route he took when he journeyed to Congress. Once Lyon returned to Congress, the Federalists tried to expel him as a convicted criminal, but this effort failed. Thirteen more indictments were brought under the Sedition Act, mostly against editors and publishers of Republican newspapers. While some Republican newspapers were forced to close down, many others were intimidated not to criticize the government.One Republican was convicted of sedition for publishing a pro-Jefferson campaign pamphlet that accused Presiden t Adams of appointing corrupt judges and ambassadors. Two men were found guilty of raising a â€Å"liberty pole† and putting a sign on it that said, â€Å"Downfall to the Tyrants of America. † Another was arrested, but never tried, for circulating a petition to repeal the Alien and Sedition Acts themselves. A drunk was fined $150 for insulting President Adams. In the most bizarre case, the Federalists in the U. S. Senate formed a special committee to investigate a Republican editor, William Duane.Republicans had leaked to him a Federalist proposal to change how presidential electoral votes were counted. Duane had printed the law and written editorials denouncing it. When summoned to the Senate to face charges of writing â€Å"false, scandalous, defamatory, and malicious assertions,† he went into hiding and secretly continued writing for his newspaper. ? Elections of 1800 Although the Federalists hoped the Act would muffle the opposition, many Democratic-Republic ans still â€Å"wrote, printed, uttered and published† their criticisms of the Federalists.Indeed, they strongly criticized the act itself, and used it as one of the largest election issues. It also had enormous implications on the Federalist Party after that point, and ended up being a major contributing factor of its demise. The act expired when the term of President Adams ended in 1801. Ultimately the Acts backfired against the Federalists; while they prepared lists of aliens for deportation, and many aliens fled the country during the debate over the Alien and Sedition Acts, Adams never signed a deportation order.Twenty-five people, primarily prominent newspaper editors but also Congressman Matthew Lyon, were arrested. Of them, eleven were tried (one died while awaiting trial), and ten were convicted of sedition, often in trials before openly partisan Federalist judges. Federalists at all levels, however, were turned out of power, and, over the following years, Congress r epeatedly apologized for, or voted recompense to victims of, the enforcement of the Alien and Sedition Acts. Thomas Jefferson, who won the 1800 election, pardoned all of those that were convicted for crimes under the Alien Enemies Act and the Sedition Act.? A New Definition of Free Speech and Press The Alien and Sedition Acts provoked a debate between Republican and Federalist state legislatures over freedom of speech and the press. In a resolution he wrote for the Virginia legislature, James Madison argued that the Sedition Act attacked the â€Å"right of freely examining public characters and measures, and of free communication among the people. † In heavily Federalist Massachusetts, state legislators responded that a sedition law was â€Å"wise and necessary† to defend against secret attacks by foreign or domestic enemies.The Federalists in Congress issued a report accepting the old English common law definition of free speech and press. It argued that the First Ame ndment only stopped the government from censoring beforehand any speeches or writings. The government, argued the Federalists, should be able to protect itself from false and malicious words. Congressman John Nichols, a Republican from Virginia, challenged this Federalist view. He asserted that Americans must have a free flow of information to elect leaders and to judge them once they were in office.Nichols asked why government, which should be critically examined for its policies and decisions, should have the power to punish speakers and the press for informing the voters. In the end, the people settled this debate in 1800 by electing Thomas Jefferson president and a Republican majority to Congress. In his inaugural address, Jefferson confirmed the new definition of free speech and press as the right of Americans â€Å"to think freely and to. ? References- 1. Rocco Donofrio, Kathleen A. Hunter, â€Å"THE NULLIFICATION CRISIS, 1798 AND 1799†, www. nhps.net/consortium/TAHEL2 B/TAH%20Vol2B/LESSONPLANEIGHTEEN. pdf 2. Dr. Tom Ward, â€Å"We The People†, cte. rockhurst. edu/FileUploads/We%20The%20People. pdf 3. Gordon T. Belt, â€Å"The Sedition Act of 1798†, www. firstamendmentcenter. org/PDF/Sedition_Act_cases. pdf 4. Michael E. Parrish, â€Å"American Legal and Constitutional History I: Colonial era to civil War†, www. helsinki. fi/hum/renvall/pam/teaching_old/2006_autumn_legal. pdf 5. U. S. Government, â€Å"The Alien and Sedition Acts of 1798† ntranet. dalton. org/hs/History/AmericanHistory/pdf_supplimental/2_09alien_and_sedition_acts. pdf