Wednesday, December 25, 2019

Project Based Learning for Special Education

Project-based learning is an excellent way to differentiate instruction in a full inclusion classroom especially when that class includes students of widely different abilities, from the cognitively or developmental disabled to the gifted children. Project-based learning is also excellent in resource rooms or self-contained classrooms with either typically developing partners or with sufficient support or accommodations. In project-based learning, either you or your students, devise projects that will support content in a way that will challenge students to go deeper or further. Examples: Science: Create a model of a concept, perhaps insects, and label each part.Reading: Create a television commercial or a web page to promote a book, one you have read together or one that the group has read in a literary circle.Social Studies: Create a play, a power point presentation, or display for a State (as in Michigan,) a country, a political system (socialism, capitalism, republic, etc.) or a political point of view.Math: Plan a trip to a preferred spot (Paris, Tokyo) and create a budget for hotels, flights, meals, etc. In each case the project may support any number of educational objectives: Reinforce Content Retention Project learning has proven, in research, to improve concept retention in a range of students. Deeper Understanding When students are asked to use content knowledge, they are driven to use higher level thinking skills (Blooms Taxonomy) such as Evaluate or Create. Multi-Sensory Instruction Students, not just students with disabilities, all come with different learning styles. Some are strongly visual learners, some are auditory. Some are kinetic and learn best when they can move. Many children benefit from sensory input, and students who are ADHD or Dyslexic benefit from being able to move as they process information. Teaches Skills in Cooperation and Collaboration Future jobs will require not only higher levels of training and technical skills but also the ability to work collaboratively in groups. Groups work well when they are chosen by both the teacher and the students: some groups could be affinity-based, others could be crossability, and some could be friendship based. Alternate Means of Assessing Students' Progress Using a rubric to lay out standards can put students of varying abilities on a level playing field. Student Engagement at its Best When students are excited about what they are doing in school, they will behave better, participate more fully and benefit the most. Project-based learning is a powerful tool for the inclusive classroom. Even if a student or students spend part of their day in a resource or self-contained classroom, the time they spend in project-based collaboration will be a time when typically developing peers will model both good classroom and academic behavior. Projects can enable gifted students to push their academic and intellectual limits. Projects are acceptable across abilities when they meet the criterion established in a rubric. Project-based learning also works well with small groups of students. Pictured above is the scale model of the solar system one of my students with Autism created with me: We figured out the scale together, measured the size of the planets, and measured the distances between the planets. He now knows the order of the planets, the difference between terrestrial and gaseous planets and can tell you why most planets are uninhabitable.

Tuesday, December 17, 2019

Understanding Lord Byron The Romantic Period - 1386 Words

Stephanie Zavala Mrs. Krudwig English 12 3 March 2017 Understanding Lord Byron The Romantic Period was a time where life changed for so many. At the time, nations were experiencing the results of the Industrial Revolution. â€Å"England was the first nation in the world to experience the effects of the Industrial Revolution† (Henry 527). Instead of products being made by hand, they were being made now by machines. Homes of people were being used for industries. The people most affected were those of the lower class. No one cared about them. People were ignoring the changes in the world. Romantics wanted to show the world that these changes were negative changes. The writers during the Romantic Period wanted to bring real life feelings†¦show more content†¦It changed the way of living, which changed the way of thinking. Imagination was seen as one of the key features to describe one’s perspective of the world. Henry explains that the human imagination is some kind of desire - â€Å"a motive that drives the mind to discover things that it cannot learn by rational or logical thinking† (532). Logical thinking could not explain the importance in change, so something else had to be used. Imagination drives a person’s mind into deeper thought than does reason. He explains how life on earth dies off. â€Å"All earth was but one thought-and that was death† (Byron 42). Writing about an apocalyptic world, brings out the curiosity of people; therefore, people use imagination to put themselves in this situation to be able to understand. William quotes, â€Å"I see everything I paint in this world, but everybody does not see alike† (532). Everyone has a different perspective. It is hard to be able to explain the writer’s writing without imagination and creativity. Readers don’t use reason to understand the poet’s intention. Using reason, just describes only one point of view. Henry states, â€Å"Romanticism turned away from the eighteenth-century emphasis on reason and artifice. Instead, the Romantics embraced imagination and naturalness† (529). During the period, they believed that â€Å"imagination, rather than mere reason, was the best response to the forces of change† (Henry 529). According to Henry, WordsworthShow MoreRelatedWhen We Two Parted1428 Words   |  6 Pagesfeeling George Gordon Byron was reflection upon when he wrote one of the most honest pieces of modern literature, which is typical of the Romantic Era, â€Å"When We Two Parted†. Defined as an era which caused great revolt against aristocratic and social reforms, poetry of the Romantic period delved into themes relating to the â€Å"aesthetics of life†. German painter Caspar David Friedreich brilliantly simplified an era which great scholars to this day debate its definition, as period where; â€Å"the artist’sRead MoreWhen We Two Parted Analysis1044 Words   |  5 PagesLord Byron was often known as a scandalous, romantic, and satirist figure. His poe tic works mainly revolved around his feelings, making him one of England’s well known romantic poets. Byron grew up with a club foot disability making him a vulnerable target of humiliation and ridicule. This torment as well as his self-declared genius, made writing from the heart easier. This style allowed readers to empathize with the speaker of Byron’s writings. Byron often mirrored his poems speakers after himselfRead MoreCharacter Analysis of Emma in Jane Austens quot;Emmaquot; Essay867 Words   |  4 Pagescriteria of sound judgement and right conduct in human life. In Emma she presents her lesson so astutely and so dramatically, with such a minimum of exposition, that she places extreme demands upon the readers perceptiveness. Emma was her fourth novel. Lord David Cecil described it as `Jane Austens profoundest comedy. It has frequently been applauded for its `engaging, dear, delicious, idiotic heroine, moving in `a place of laughter and nonsense, and excoriat ed because `it does not instruct ... doesRead MoreThe Romantic Period Stressed Instincts, Affection, and Love1422 Words   |  6 PagesThe Romantic period or Romanticism was a literary movement that had sprung in England in late 18th century. The rise of the movement was precipitated by the issuing of Lyrical Ballads by William Wordsworth and Samuel Taylor Coleridge .The movement came to cope up with the general tenors of the Industrial and Enlightenment age .It stressed on things like instincts, affection , love,the heart over the head .It came also to celebrate such things as mysticism and the natural world.Romanticism alsoRead MoreThe Romantic Period Of William Wordsworth, Nathaniel Hawthorne, And Edgar Allen Poe1019 Words   |  5 PagesTitle *In the interest of your time, I strayed away from repeating the story of the works and jumped strain into analysis The Romantic Period, an era described as an expression of emotional exuberance, unrestrained imagination, spontaneity in both art and personal life, enchantment of poetry, and the embracing of the unknown. It is perhaps the rebellious condition of man to accept such liberal ideals in contrast to the conservative threshold of the Catholic Church. The response to the enlightenmentRead MoreThe Romantic Period Of John Dickens, Nathaniel Hawthorne, And Edgar Allen Poe1340 Words   |  6 PagesThe Romantic Period, an era described as an expression of emotional liveliness, unrestrained imagination, impulse in both art and personal life, enchantment of poetry, and the embracing of the unknown . It is perhaps the rebellious condition of man to accept such liberal ideals in contrast to the conservative threshold of the Catholic Church. The response to the enlightenment era of logic and reason was cried from the footprints of historical sands. Notable figures that stood out as leaders of this Read MoreAnalysis Of Daffodils By William Wordsworth2381 Words   |  10 Pageswhich man-made objects became the life of soul of the everyman’s everyday life. The great artists and poets and authors of the time began to create works filled with passion and emotion and all interpreted from the themes within nature. During this period, authors and artists alike found inspiration in things such as flowers, for example William Wordsworth’s classic entitled ‘daffodils’. In his poem he talks about seeing daffodils â€Å"flash upon that inward eye† (Wordsworth, Daffodils, 1815) when in â€Å"vacantRead MoreExpressions Of Grief, Loss And Mourning Essay1957 Words   |  8 PagesElizabeth Correll November 29, 2016 ENGL 227 Professor Tessone Expressions of Grief, Loss and Mourning in Romantic Poetry In A Philosophical Enquiry into the Origin of Our Ideas of the Sublime and Beautiful Edmund Burke writes, â€Å"It is the nature of grief to keep its object perpetually in its eye, to present it in its most pleasurable views, to repeat all the circumstances that attend to it†. Burke’s writing attempts to clarify the â€Å"pictorial, literary, cultural, economic and psychological† phenomenonRead MoreWhere Do Monsters Come From? - The History Of Frankenstein And The Vampyre2381 Words   |  10 Pages Such a frightful summer night, with overly violent storms cascading across the lands with such ferocity. There could almost be no more perfect of a setting for a night of ghostly tales to astonish. Mary Godwin, Percy Shelley, Dr. Polidori, and Lord Byron would join together to unknowingly help make a huge impact on the literary world. Mary Godwin was born on August 29, 1797, the weather was unusually severe. In a way it resembled the end of days and was interpreted that way by many. â€Å"One hail stormRead MoreThe Enormous Influence of the Enlightenment on the World and Mary Shelleys Frankenstein1082 Words   |  5 Pagescenturies, with the development of capitalism, the power of the bourgeois became stronger. Feudal system hindered the development of capitalism. Nature science was the weapon that could break the feudalism. The Enlightenment was the product of this period. The origin of the Enlightenment was in England, and throughout in the Europe. France was the core country of the Enlightenment. The influence of the Enlightenment on the world was enormous. It provided plenty of mental preparation for the French

Monday, December 9, 2019

Applied Business Ethics for Moral Dilemma Arose - Free Solution

Question: Describe about the Applied Business Ethics for Moral Dilemma Arose. Answer: Part 1: Description The ethical or moral dilemma arose when I was involved as a Departmental Manager involved in a Fashion Retail Store. The moral dilemma took place during the sales period relating to liquidation of retail stocks through generation of heavy discounts and rebates. The failure in adequately monitoring the activities associated with generation of markdowns created the problem. Large amount of apparel stocks pertaining to men, women and kids categories and also footwear stocks were generated in the retail store for being sold out at a discounted price. The inclusion of stocks in the retail store is accompanied by a Master Sheet that reflected the new discounted price structure for generation of revised price tags for the different merchandise categories. The retail staffs involved in the different departments are required to follow the Master Sheet for generation of revised or discounted prices for the different fashion apparel and footwear merchandises. The above activity of the retail st affs is required to be closely monitored by the departmental supervisors and managers for reducing the chances of discrepancy in the pricing activities. Generation of discounted prices for the retail stocks is analysed to affect the profit margins of the retail store and thus needs to be rightly monitored for meeting the objectives of the sales period. The moral dilemma took place when a group of sales staffs involved with the men and women apparel departments took resort to adulterated means in using the master sheet for generation of discounted prices for bar and stock codes not falling under the discount master list. Further, adulteration was also carried out by the retail staffs in generation of increased discounted prices more than that pronounced in the master discount list. The generation of increased discounts or markdowns than that generated in the master price list potentially affected the profit and revenue margins of the retail store. The retail staffs through the generation of erroneous discounts for the retail stocks gained a way for conducting theft such that higher or premium stocks were marked with discounted prices and thereby billed at reduced prices for helping in their easy removal from the retail store. After the completion of the sales period an effective audit conducted by the higher retail authority situate d in the headquarters contributed in the generation of a report that reflected that our store obtained reduced revenue and profit margins than analysed. Further investigation carried out in a departmental fashion in the retail store by departmental managers and supervisors reflected the generation of erroneous discounts by specific sales staffs. The action conducted by the retail staffs along with the failure of supervisory conduct by team leaders and retail supervisors for the respective departments was potentially questioned. I along with the Store and Area Manager had generated a show cause notice for the retail staffs involved in the activity to which they were shacked from the retail store. Further, strong monitoring standards were generated were required to be followed by the supervisors and retail managers for helping in reducing the emergence of such issues. The decision taken by me as a Departmental Manager is rated as 4 out of 10. The decision failed to generate needed happiness for me in that I felt the absence of prior monitoring and auditing conducts on our part that could have helped in evading the emergence of such issues. Part 2: Analysis The analysis of the ethical or moral dilemma is to be conducted through the incorporation of three normative ethical theories like virtue ethics, deontology and finally consequentalism. Analysis based on Virtue Ethics The theory of virtue ethics essentially concentrates on features that reflect the moral characteristics of individuals. It essentially focuses on different moral traits like courage, honesty, generosity and also compassionate behaviour existent in individuals that contribute in generating ethical behaviour respective to situations or actions. The theory of virtue ethics essentially requires individuals to aptly reflect the above traits in their behaviour and conducts even if the same tends to generate unfavourable consequences(Athanassoulis, 2013). Reflecting on the aspect of virtue ethics it can be effectively analysed that the staffs in the fashion retail store needed to reflect virtual traits like courage and honesty while generating markdowns for the different apparel and fashion merchandises. The generation of the right prices for the different products based on depending on the markdown list provided by the headquarters would have effectively contributed in sustaining the profit and revenue margins of the retail store during the sales period. The aspect of virtue is observed to be experimental in nature such that virtual traits tend to differ from case to case and from individual to individual(Angle Slote, 2013). The individual staffs involved in the manipulative activity associated with generation of erroneous discounted prices for the premium category fashion products based on the dimensions of virtue ethics could have taken a stance wherein the staffs based on their realisation of the virtual norms had assisted their managers and supervisors through informing and thereby in helping them in identifying erroneous price tags and bar codes. Actions conducted by the retail staffs in the likewise fashion stated above would have generated potential consequences for the staffs involved with generation of erroneous discounts for the retail merchandises(Russell, 2013). Working based on the aspect of virtue ethics could have invited increased trouble for the colleagues of the retail staffs in that information generated by staffs driven by the aspects of honesty and courage would have helped the retail managers and supervisors in making stern decisions regarding removal of the staffs from the stores and also the removal of erroneous price tags and bar codes(Frding, 2012). Similarly, in the course of the investigation conducted by the store authorities like area, store and departmental managers the retail staffs involved with such erroneous activities could have gained needed courage for generating true evid ence and information about their wrongdoings to the concerned managers and authorities. The above action undertaken by the retail staffs would also have invited potential consequences for the retail staffs involved with such manipulative activities but could have contributed in restoring the faith or trust of the retail managers on the sales staffs based on reflection of their virtual traits involving courage and honesty(Austin, 2013). Analysis based on Deontology Deontological theories of Normative Ethics essentially reflect on the actions that are being performed and thereby the consequences that would be generated thereof from the performance of such actions. The aspect of Deontological Ethics essentially reflects on acts conducted by individuals that essentially focus on generating increased wellbeing for others in a social community or group. The paradigm of Deontological Ethics is argued in that the actions performed by individuals for promoting wellbeing and development of others can tend to generate both positive and negative consequences(Boje, 2015). The generation of positive consequences tends to further enhance the aspect of performing in a Deontological fashion. On the contrary, the generation of negative consequences based on the actions conducted by individuals triggered by Deontological thinking does not tend to deter the individuals from acting based on deontological thoughts. Working on the aspect of Deontological Ethics also require individuals to conduct fundamental or basic duties associated with honesty that in turn enhance the degree of wellbeing in the greater society(Wheeler, 2013). Reflecting on the case of the retail staffs it can be effectively understood that the supervisors and retail managers like me involved in the sales period are required to operate in a Deontological fashion in generation of monitoring strategies that would help in evaluating and assessing the activities conducted by the retail staffs during the sales period in the retail warehouse pertaining to the generation of wrong pricing. The sales managers and supervisors are thereby required to improve on the monitoring and assessing standards in that the same would contribute in easily identifying erroneous and manipulative pricing tactics of the sales staffs. The generation of increased monitoring standards on the part of supervisors and departmental managers is taken to enhance the wellbeing of the retail store in terms of helping in the generation of right price tags for the merchandises(Herring, 2013). The same would contribute in improving the profit and revenue margins of the retail stor e and thereby in enhancing the wellbeing of the retail store and its staffs in the long run. Again, the generation and employment of monitoring and evaluation standards by the departmental managers and supervisors would also help in effectively identifying the persons involved with conducting the manipulative activities concerning the generation of erroneous price tags. This would help in taking needed actions related to the concerned staffs like their removal from the stores and also generation of further stringent guidelines that would restrict the actions of others staffs while visiting the store warehouses(Burkhardt Nathaniel, 2013). Operating based on deontological aspects also requires the retail staffs to aptly meet some fundamental duties like working in an honest and courageous fashion regarding supporting the store and retail norms regarding generation of markdowns for the retail merchandises. The retail staffs needed to work like whistleblowers for generation of effectiv e information regarding any wrongdoings or manipulations noticed by them for the activities conducted in the retail warehouses. The generation of such information though would tend to invite negative consequences both for the retail staffs and also their colleagues and counterparts while also help in improving on retail productivity as a whole(Johnstone, 2015). Analysis based on Consequentalism The aspect of consequentalism in normative ethics appears to operate in a likewise fashion like deontological ethics. It focuses on generation of certain specific rules that helps in the conducting of effective actions helping in promoting greater wellbeing to the larger society. The aspect of consequentalism however can be effectively discriminated from deontology in that the latter tends to generate increased significance to the performance of potential duties that are ethically correct in nature while the former focuses on the generation of effective rules that in turn would contribute in promoting rightful actions(Morris, 2015). The right categories of rules are determined based on evaluating the pattern of consequences that would follow based on enacting or implementing the rules. Evaluation of positive consequences would contribute in understanding the effectiveness of the rules. It thereby helps in identification and determination of the right kind of rules that would be needf ul for managing the situation and environment(Peterson, 2013). Focusing on the case of the retail staffs the aspect of consequentalism can be rightly used in that the retail managers and supervisors need to focus on the generation of effective rules that would help in governing and synchronising the activities of the retail staffs that would in turn help in the generation of needed retail productivity in terms of profitability and revenues(Calkins, 2014). Thus, effective focus needs to be generated by the retail managers for the generation of rules and conducts that would help in deterring the manipulative actions of the staffs concerning the generation of erroneous discounted price tags for the premium fashion merchandises. The reduction in the level of manipulative activities on the part of the retail staffs would rightly help in both enhancing and sustaining the productivity of the retail store in an effective fashion(Suikkanen, 2014). Part C: Reflection The decision taken by me concerning the removal of the wrongful staffs from the retail store and also the generation of effective rules and standards for monitoring of future actions of the retail and sales staffs relating to the sales periods is observed to fulfil the ethical theory concerning Deontological Ethics. The understanding of the Deontological Theory of ethics further helped in clarifying my stand or the actions generated by me for countering the wrongful acts of the retail staffs. It helped me in also gaining support for the actions conducted by me that though tended to affect the careers of the retail staffs yet it focused on enhancing the productivity of the retail firm and also in generating betterment of the society and the retail environment as a whole. The ethical theory associated with Consequentalism pertaining to Normative Ethics tends to make me unhappy regarding the decision taken by me concerning the wrongful activity conducted by the retail staffs in wrongfully using the master discount price structure in generating erroneous bar and price tags for premium merchandises and thereby in conducting theft. The understanding of the consequentalism theory ideally reflects that the decision regarding the generation of potential rules and conducts need to be conducted prior to the happening of any such wrongful events such that the consequences arising from the same can be easily and effectively avoided. The above understanding thus made me feel unhappy for my conduct relating to which the career and lives of sales staffs involved in such wrongful conducts had been potentially endangered. The existence of such strict guidelines and conducts in a prior occasion would have rightly deterred the conducts of the staffs from getting involv ed in such erroneous and manipulative activities that would vehemently affect the productivity of the retail store. The emergence of the situation reflected in the case of the retail store during the sales period with sales staffs involved in manipulative activities is hoped to become potentially restricted at a future period based on the generation and implementation of stricter guidelines and conducts. However if despite the existence of such stricter guidelines and conducts the sales staffs tend to gain recourse to such ill conducts the same would invite me in taking stricter actions like the same conducted by me in the above case. The emergence of such manipulative and negative conducts on the part of the retail and sales staffs would rightly require me to remove the sales staffs identified for the same from the retail store. The removal of the retail staffs from the store in the latter case is also observed to be rightly supported by the non-compliance to set rules and standards and thereby would have gained further recognition. References Angle, S. Slote, M., 2013. Virtue Ethics and Confucianism. New York : Routledge. Athanassoulis, N., 2013. Virtue Ethics. United States : AC Black. Austin, M., 2013. Virtues in Action: New Essays in Applied Virtue Ethics. United Kingdom : Springer. Boje, D.M., 2015. Organizational Change and Global Standardization: Solutions to Standards and Norms Overwhelming Organizations. New York : Routledge. Burkhardt, M.A. Nathaniel, A., 2013. Ethics and Issues in Contemporary Nursing. United States: Cengage Learning. Calkins, M., 2014. Developing a Virtue-Imbued Casuistry for Business Ethics. United Kingdom : Springer Science Business Media. Frding, B., 2012. Virtue Ethics and Human Enhancement. United Kingdom : Springer Science Business Media. Herring, J., 2013. QA Medical Law 2013-2014. New York : Routledge. Johnstone, M.-J., 2015. Bioethics: A Nursing Perspective. United Kingdom : Elsevier Health Sciences. Morris, S., 2015. Science and the End of Ethics. United Kingdom : Springer. Peterson, M., 2013. The Dimensions of Consequentialism: Ethics, Equality and Risk. United Kingdom : Cambridge University Press. Russell, D.C., 2013. The Cambridge Companion to Virtue Ethics. United Kingdom: Cambridge University Press. Suikkanen, J., 2014. This Is Ethics: An Introduction. United Kingdom : John Wiley Sons. Wheeler, H., 2013. Law, Ethics and Professional Issues for Nursing: A Reflective and Portfolio-Building Approach. New York : Routledge.

Sunday, December 1, 2019

The Three Strikes Law Essay Example

The Three Strikes Law Paper For the following BAD Key Assignment Draft, I will be discussing my thoughts on the three strikes laws, requirements, and the Ewing v. California case as it pertains to the three strikes law. Next, a few thoughts on how the public feels about crimes, both violent and non-violent, mandatory sentencing, and the discretion that prosecutors have during the sentencing process, will be discussed in detail. Following will be my thoughts regarding the scenario for reelection and how it pertains to the legal system today, along with developing a policy describing alternatives, protections against load up charges, and using multiple counts for one incident. I will conclude with thoughts on how I might be able to convince and persuade the public into understanding cost effective alternatives for adjudication which might include using probation sentencing as opposed to incarceration practices along with any type of possible backlash problems. The three Strikes and Youre out Rule of 1994 There are many states that have adopted some variation of the three strikes law as a policy for adjudication reactivating criminals and while the law sounds seasonable and in the best interest of the public, there are many issues that have blanket policy can have its downfalls. This research paper will further investigate alternatives to incarceration, especially when the third strike is a non-violent crime. Further, it is important that the public be made aware of the costs, alternatives, and policies that should be put into place for alternative sentencing as well as examples of protections against harsh load up charges and plea bargain arrangements and prosecutorial privilege for more humane sentencing. We will write a custom essay sample on The Three Strikes Law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Three Strikes Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Three Strikes Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer I will conclude with describing a policy that I would develop and put into action regarding protections against such harsh rulings which would include alternative sentencing procedures, and reasons for using said procedures which will include financial savings, reductions in man hours and man power, and the overall reduced need for secured prison facilities, as well as transparency and accountability for implementing this policy. What most people dont know is that the Three Strikes Rule didnt begin in California, it actually was first passed in the state of Washington in 1993 and its rules ere even harsher that Californians were. Washington State adopted the measure and if an individual was convicted under the mandate, they were sentenced to life without the possibility of parole, whereas, Californians three strikes law sentences an individual to 25 years to life. That was a big difference. (La Course, 1997) Ewing v. California: A Brief History In March of 2000, Mr.. Gary Ewing was arrested for stealing three Galloway golf clubs from a golf shop in El Segundo, California worth a total of $1197. 00 which made it a felony. He was later tried and found guilty of grand theft by a Jury of his peers. This unfortunately for Mr.. Ewing, was his third strike and he was sentenced to 25 years to life, the stiffest punishment he could receive which was also a mandatory sentence under the California Three Strikes Law. Mr.. Ewing appealed all the way to the Supreme Court but due to his very busy criminal past, he lost. (Chiders Hobnobs, 2002) When a case is appealed, as in Mr.. Ewing case, other cases of like offenses and sentencing are looked at to see if any type of discrepancy or bias can be found. The cases e. G. Harelip v. Michigan, 501 U. S. 57 (1991), Soles v. Helm, 463 U. S. 277(1983), and Rumen v. Estelle, 445 U. S. 263 (1980), that were selected to be part of the review process for Mr.. Ewing case were similar but upon review, Mr.. Ewing was found to be much more violent in his overall scope, e. G. Felonies and prior offenses which included the use of weapons, and therefore, his here strikes sentence was upheld. (Ewing v. California, 2002) The Three Strikes and Youre Out Polic y 1 . For this assignment, I will be developing a policy regarding the three strikes laws in the State of California. . The policy as it stands today: Californians Three Strikes sentencing law was originally enacted in 1994. The essence of the Three Strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime. If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life. On November 6, 2012 the voters approved Proposition 36 which substantially amended the law with two primary provisions: The requirements for sentencing a defendant as a third strike offender were changed to r more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender; and the addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law. The reasoning or purpose of the three-strikes law was to ensure longer prison sentences for repeat offenders through the use of mandatory minimum sentences for recidivists with prior felony convictions. This law came about through he highly publicized Poly Class case where a 12 year old girl was blatantly taken from her home right in front of her friends that were at her home for a sleepover. The public outcry was so strong that California designed, pushed through the legal system and signed into law, the Three Strikes and Youre Out law that sent a clear and precise message to any one that committed violent crimes. However, other, less violent offenders, were caught in the net as well. 2. What alternatives would be placed in the law to give the state prosecutor more freedom to manipulate the third strike? A. Possible alternatives The District Attorneys discretionary authority to disqualify a third strike (Strike a Strike) if it isnt violent Based upon review of the offenders past. The 25 year to life sentencing procedure would be based on the final or current strike (Currently in force) Mandatory use of the proportionality rule during sentencing Offenders currently serving a life sentence for the three strikes law will have the opportunity to have their sentenced reviewed 3. Many prosecutors load up charges against defendants to force a plea bargain. What can be done to limit or prevent this practice? . How does this happen? A Prosecutor Loads-Up charges against an individual(s) by taking one incident and creating multiple charges from the same incident. A example would be: a suspect drives a vehicle intoxicated and crashes into another vehicle, killing the driver. When he/she is arrested and taken into custody, the prosecutor walks into the room and says,Mr.. Jones, You have a problem. The vehicle you hit was totaled and we have Just learned that the driver was DOD at the hospital. You have priors for Duds are you were currently driving on a suspended license. To make matter worse, your blood alcohol level was twice the legal limit and when we tested you, we found traces of meet. What do you want to do? We can go to trial where in all likelihood your will be found guilty of first degree manslaughter, driving on a suspended license, and driving under the influence of alcohol and meet. However, because you have 2 prior felonies for illegal distribution and armed robbery of a liquor store 8 years ago, California has a mandatory three strikes rule for 25 to life and you are looking straight at it. What I propose is a plea bargain and I would strongly suggest that you take it. b. What can be done to prevent this possibility? Legislation has recently pot into law, regulations to help with this situation but because prosecutors have a certain amount of discretion when i t comes to pressing charges it is still difficult not to fall under the prosecutorial hammer. My proposal would be to use the new rule or requirement for assessing the third strike for the purpose of administering the three strikes law and take all or part of the protections of the 11 Amendment immunity clause away NAS well as make attorneys (and Judges) certain amount of immunity when dealing with suspects but I dont feel that the idea hat police can lie and prosecutors can trump up charges Just to scare people into plea bargaining, was what the founding fathers had in mind when they created our judicial system. I feel that every person, regardless of age, race, color, or educational background, should have the benefits of the protections of the law and that the law should respect the individual and not play dirty threatening pool. Making prosecutors liable for their actions farther than evidence gathering (poison tree, etc. ), well as making it the law that an individual can only be charged with the most errors crime committed at one time, will put the brakes on the load-up practices that are so fully used today. Plea bargains have been more cost effective regarding the court because they have lowered or even do away with costly court procedures but they have also cause a rise in prison costs because most pleas end with time needing to be served, whether the individuals are placed in facilities at night but allowed to work during the day or placed in facilities for a certain length of time. Load up practices do get prosecutorial results but scaring people into admission isnt the way. (Warren, 2014) 4. Will your policy allow multiple counts arising from the same incident to count as multiple strikes? The answer is no. I believe that crime, much like anything else, has a certain degree of the domino effect. People make mistakes, sometimes big mistakes but the law should have a certain degree of mercy even when the offender doesnt. The Judicial system, up until recently, was thought to be a system of reformation and rehabilitation. However, recent events and media coverage have led the public to want to go into a feeding frenzy in regards to criminal activity. Poly Class, which seems to be the case that sparked the public into emending Justice, and rightly so but treating every citizen with such a possibility of three strikes, regardless of what they are, in m y opinion is wrong, piling on every indiscretion possible with the full intention of dripping most of the charges, is also wrong. A. How my new policy will define multiple counts My policy will define multiple counts on an individual and discretionary basis. Prosecutors will have to decide what the most important or serious offense the person has committed at this particular incidence and go further with that. Also, I feel that certain issues should and will be groups together. For instance, duds are no longer considered a third strict action and the prosecutor is able to strike the strike in this instance, however, if the issue of driving under the influence is the reason or a factor in a car accident that resulted in the wrongful death of someone, then it will be grouped into the charge but will not be litigated as an individual issue. Therefore the person will not faces 1 count of reckless driving, 1 count of DUD, 1 count of man slaughter, etc. Here each factor carries a certain amount of prison time that can be stacked and mandated to be served in a consecutive amount of time. The sentence will consider all of the factors and render one Judgment. 5. If one of the alternatives was supervised probation, how would you convince the public that it would be more cost-effective for the person to be supervised than incarcerated? There are all kinds of studies online and at every county, state, and government website that show statistics for cost evaluations. I will gather my information for not only cost effectiveness (because the public doesnt really care about the cost of keeping their appropriateness (this would be statistics and studies that clearly show how areas of once have been eliminated) For instance, a 65 year old man is not going to be a candidate for Jumping over fences and running down allies to the degree that a 20 year old man might. (Raillery, 2014) Further, The individual and their background will have more to say about the individual than anything else. A true example would be: Ms. Lorena Wells, a forty four year old woman that was caught embezzling funds from the health and welfare department in South Hill, Va. Where she had worked for several years. Knuckleball County Prosecutors charged her with 27 felony counts angina from fraud to unauthorized use of food stamps, and sentenced her to 1 year work release. She is not a threat to society in any way. She was born and raised in South Hill and everyone knows her. She has two daughters and until her arrest, was married to a long time employed sheriff in the county. The fact that she was born and raised here, she has no prior issues, and that she was married to a law enforcer officer for about 17 years will all play a part in the publics acceptance for having her interact in the community while serving her sentence. (South Hill Enterprise, 2013) 6. Show the public where you would be saving money by not incarcerating the perpetrator. For this particular individual, it would be relatively easy to show the public that not incarcerating Ms. Webb would be the best avenue. During court, she was mandated to get a Job, work 40 hours a week and use the funding she received to pay court costs, paying what she stole back, as well as some of her other expenses. I would also be able to bring evidence of how much the cost of $169. 45 per day, double bunking and over-crowding, and 535 million dollar price tag should be considered over-kill for a weekender inmate. Www. Dc]s. Virginia. Gob, 2010) Although there were 27 felony counts, they were for the same time and the same issue (My policy would have bundled her felonies and made it one felony with 27 counts not 27 separate felonies each with one count. Unfortunately, and maybe to my discredit because I am going to be starting law school next year, I have to say that the reason I know so much about this case is because, although I have never met her personally, she happens to be my sister-in law. 7. If brought up in the legislature to be an amendment to the law, could this be grandfathered in to help older inmates? Yes, in fact, it has already become part of a three strikes Amendment. Proposition 36 does just that. Proposition 36: Revised the three strikes law to impose life sentence only when the new felony conviction is serious or violent. Authorized re-sentencing for offenders currently serving life sentences if their third strike conviction was not serious or violent and if the Judge determines that the re-sentence does not pose unreasonable risk to public safety. Continued to impose a life sentence penalty if the third strike conviction was for certain non-serious, non-violent sex or drug offenses r involved firearm possession. Maintained the life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation. (provisional. Com, 2013) 8. Could this have a backlash from the public, or would they approve? The public, as a body, can be unpredictable which can make whatever we do, a guessing game but there are some definite areas that we can be pretty accurate at predicting. If we are considering changing Californians three strike mandates, we will run into issues. Prop. 66 didnt pass and there have live this is a problem because California has a very large number of senior citizens. Not only do they live and think by older country standards of stricter punishments Do the Crime, Do the Time standards, they also feel more vulnerable. Also, a good portion of voters are this same age group. Therefore, I do feel that amending life sentences could have some public back lash because the elderly keep up with the news, they usually have a social network, and they have been around or a very long sometime and will remember when someone went to prison for life ass well as for what purpose. For instance, Charles Manson is in a California high security prison ad will be there forever, if he even had the possibility for his sentence to be reduced, there would be great public outcry. Then there are the Mendoza brothers that killed their parents to get at their money. Also, California is widely known for its gang activity, the faces might not be so well recognized but the title go gang-banger is and always puts fear in people. However, If the public were assured that hardened, 3, 4, 5, or more strike felons would not have the possibility of benefiting from the new law, the people might be more accepting. California is a different kind of state. I was raised in San Diego and lived there for most of my adult life as well and the philosophy there is pretty much, dont bother me and I wont bother you. But when people do hurt others, it is very much frowned on and if the offender happens to be Hispanic, it is almost a death sentence as far as the public is concerned. On the other hand, if the same three strike law was changed in a different place like Idaho, where the public is predominantly members of the Mormon church (which happens to be my faith and where I moved when I left California) and are taught to origin on a grand scale, the new proposal might be embraced a little easier, especially when it was explained that hardened criminals were not candidates, only persons that had been convicted of non violent crimes. It really does matter where we are taking about. What evidence can help the public with their concerns and ultimate acceptance of changes in the three strikes law? I feel the evidence that we would be relying on would be more so on an individual basis. The three strikes law has been around since 1994, but we dont have a lot of evidence or research to show that convicted felons, when given a second chance, do lot of changing. In fact, we have found that a large portion of violent felons spend their lives serving sentences, getting out, refunding, and going back into the system. One man that I know, whose name is Willie, is a 45 year old black male that grew up in the projects in L. A. He has spent all of his adult life except for about 3 years, in prison. He told me that on one occasion, he spent 7 years in prison only to be released, re-arrested, and replaced back into the system in less than 24 hours. 9. Once you are finished with the policy, draft an executive summary of the policy to be used for political decision making. . An Amendment to the current Three Strikes Law The Three Strikes and Youre Out Law Policy by: Sheila Andrews The Three Strikes and Youre Out Policy would include: 1. Three felonies for rendering a 25 year to life sentence. 2. All Felonies would have to be violent in nature. Strike a Strike) Based upon review of the offenders past. 4. The 25 year to life force) 5. Mandatory use of the proportionality rule during sentencing 6. Authorized re-sentencing for offenders currently serving life sentences if their third strike conviction was not serious or violent and if the Judge determines that the re- entente does not pose unreasonable risk to public safety. 7. Continued to impose a life sentence penalty if the third strike conviction was for certain non-serious, non- violent sex or drug offenses or involved firearm possession. 8. Maintained the life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, statutory spousal rape, murder, child molestation, controlled substance crimes involving large quantities of drugs, and people trafficking, a crime in which the defendant used a firearm, was armed with a firearm r deadly weapon, or intended to cause great bodily injury to a person, or at least one of the prior serious or violent felonies was for a sexually violent offense which would include serious sex offenses committed by force, duress, violence, menace, fear, or threat of retaliation, assault with a machine gun on a police officer or firefighter, or possession of a weapon of mass destruction.