Legal Aspects of Health Administration Case Study

Legal Aspects of Health Administration - Case Study Example State and federal laws had been amended in order to protect young teenagers from any attempt to violate their chastity by older men. Thus, modern laws have encompassed statutory rape as involving the sexual assault on girls aged 13 to 18 depending on state laws. In California, the statute provides that "it is illegal for any person to have consensual sex with any person who is under the age of 18" (California Penal Code Sec. 261.5). Thus, it is clear that the new age of consent is now 18 years. This is based on the assumption that girls below the age of 18 are not mature enough and thus are legally incapable of consenting to sexual intercourse. However peer sex or what they term as Romeo and Juliet Law, wherein minor couples engage in coitus or the sex act, is treated differently or is an exemption to the rule. Here, the male is penalized for the 'crime' of misdemeanor if the age gap between him and the 'victim' is not more than 3 years. If the age difference is more than 3 years, th e male could be charged for misdemeanor or felony ( California Penal Code 261.5(b). But the harshest penalty is reserved for culprits aged more than 21 years old. Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civil penalty may ... But the harshest penalty is reserved for culprits aged more than 21 years old. Other than the charge of misdemeanor or felony, the adult culprit has to face fines and civil penalties, which increase with the age gap between the minor and the culprit. The civilHealth Admin 3 penalty may reach $25,000 (US Department of Justice 2003, p.3) if the "perpetrator is over 21 years old and the minor is under 16" (Cal. Penal Code 261.5 (e)). And in such case, the Statute of Limitations is 3 years, meaning, the filing of a case in court must be done within 3 years from the knowledge of the statutory rape. It is also worthwhile to mention that in California, mistake of fact is allowed as a legal defense by the perpetrator. He may allege that he did the crime believing that his 'victim' is beyond the age of consent. A. 15 Year Old Sandra Anderson's Case In the case of Mrs. Anderson's daughter, Sandra, there is definitely statutory rape because Sandra is merely 15 years of age and statutory rape laws in California had set the age of consent at 18 years.Whether Sandra acceded to the lustful desires of her stepfather is of no moment because in statutory rape, the gravamen of the offense is the carnal knowledge of a girl below the age of minority. Whether Sandra consented to the sexual act is not an issue because statutory rape does not consider that kind of consent as voluntary i.e presuming Sandra consented. It further presumes that the offended party does not and cannot have a will of her own. The fact that it was Sandra's stepfather who

How can we explain Americas involvement in the Vietnam War. To what Essay

How can we explain Americas involvement in the Vietnam War. To what extent did America get it wrong, terribly wrong - Essay Example In the North, the Government of the Democratic Republic of Vietnam first proclaimed in September 1945, which the French had fought to suppress; in the south, the Government of the Emperor Bao Dai, which the French had sponsored. Both governments were committed to achieve the unity of the country. In the south, the chief minister Ngo Dinh Diem, the strongest figure in the government faced lots of difficulties because the gangster called as Binth Xuyen controlled the country side which was a total failure in the field of agriculture, communication and defence.Ngo Dinh diem defeated both Binh Xuyen, Bao Dai and proclaimed himself as president of the Republic of Vietnam on 26th Oct 1955.President Diem was greatly helped by United States and it disapproved of the Geneva agreement as a partial victory for the communists and was determined that they should make no further advance. In the last critical months of the Indo- China war, it had developed the view that the situation in the whole South East Asia was in danger of slipping under the pressure of the Soviet Union and China, that if the South Vietnamese or any other friendly government was allowed to fall to the communists, the others might fall down one by one. In the months following the Geneva agreement, the Eisenhower Administration took the basic decision to assist the South Vietnamese Government economically and to help it to build up its forces for internal security. On 8 Sep 1954, it led Australia, Britain, France, New Zealand, Pakistan, the Philippines and Thailand in the signature of the South East Asia Collective Defense Treaty. The "free territory under the jurisdiction of the state of Vietnam" together with Cambodia and Laos were designed in a protocol as coming under the provisions of the Treaty The final Declaration of the Geneva Conference had affirmed the unity of Vietnam and had envisaged the holding of general elections in July 1956. However, the South Vietnam Government had protested against the proceedings at Geneva and then proved to have no intention of holding elections jointly with the North. The wartime destruction was greater in North than in the South. The authority of Dang Lao Dong and the president Ho Chi Minh like they made local Mines, factories and industries were nationalized; those measures resented the people which led to execution and "suicides" in November 1956. When the quarrel between the Soviet Union and China developed in the late 1950 the North Vietnam reduced its dependence on them it was seen in their share of foreign aid had fallen from 65.3 to 19 percent in 1962.From 1956 onwards discontent with the rule of President Diem grew in the South. His manner of ruling, arbitrary arrests, censorship, suppression of dissent, were resented.Some economic progress was made but that was confined to the towns. In the countryside, broken land reform was implemented but it was too little. The communists were able to make use of this discontent. By the end of 1960, the South Vietnamese Government was faced with full scale insurgency, with the Communists in control o f the Mekang delta, the coastal provinces north-east of Saigon, and the highlands in Central Vietnam. Over the next

Plessy Versus Ferguson

Plessy Versus Ferguson Cobe Hill Lynn Jenks Homer Adolph Plessy was a black man who had dealt with oppression his entire life. He was born in the late 1800s after all. That happened to be prime time for racism in America. Homer was the type of man that faced his problems and stared them down. This lead him to sitting in the All Whites car in the East Louisiana Railroad in 1892. This was a mistake in the eyes of the white people, so they decided that it was about time to kick this kid off. The security guards laid down a beating on him then kicked him off the train. They kept his name and information though, as they were going far enough to sue him in the pending future. This is exactly what he wanted to happen, as he was a part of a black civil rights organization that opposed the recently passed Separate Car Act. He wanted them to put him in the courts, to show he was ready to fight for his rights as a black man. This case began locally, and Homer fought his way through many courts leading up to the Supreme Court. The most important was that of the Louisiana Supreme Court. This court upheld the law and declared it constitutional according to their interpretations. This set Homer off, and he knew that there was only one court left for him to appeal to and gain the freedom he knew he deserved. He had to go all the way up to the Supreme Court. Simply because there were so many black civil rights cases trudging their way up to the Supreme Court at that time, many people didnt believe whole-heatedly that this case was going to be reviewed. Homer wrote his appeal and submitted it to the Supreme Court within days of the rulings in Louisiana. Homers appeal was reviewed by the Supreme Court, just as every other case is and it was thought to be a potentially grounds-setting case. A committee was assigned the case and reviewed Homers facts against Louisiana and vice-versa. The case was deemed appropriate by the committee so they proposed it to the rest of the Court. They all seemed to be on board, so they decided to see the case as soon as they could. This just happened to be a long time later; 1896 to be specific. The states had created a law that was known as the Separate but Equal Act, and this acted just like it sounded. It upheld the fact that black and white men and women were equal, but they must be separated in the public facilities. This included areas like bathrooms, restaurants and of course, trains. There were plenty more segregated areas that were specifically designated to black people or white people respectively, but these werent supposed to be what was on trial here. Rather than the Separate but Equal Act as a whole, what was supposed to be on trial here was the Separate Car Act. For Homer Plessy, this Separate Car Act was the least of his issues, and he knew that there was more to fight for than good seating in a train. He was fighting for true equality for all people of color, and starting with trains didnt seem like enough for him. He wanted to just end it all in one court case, and had big plans to fight the entire Separate but Equal Act, which was a large bite to chew. He gathered all of his facts and took them with him to D.C. His lawyer was all for supporting equality between races and genders, but he knew that this was a large law to be attacking with such a small base. Only having gone through the courts fighting against the Separate Car Acts meant a lot for this Supreme Court case. They would have to change many things about their approach and their plea. He couldnt support Homer in this endeavor, but what he could do was broaden the picture of their case. He was going for the Supreme Court to overrule the Separate but Equal Act, not among the entirety of the United States, but just within Louisiana. This would potentially set the precedent for further cases, and if they won this case, that precedent would push the equality agenda more than ever before. When the case was accepted by the Supreme Court, the public opinion was that this law should be upheld. There wasnt very much budge in the public eye, and the courts had all seen that. Juries were impossible to be chosen without some sense of prejudice and or hatred within it. This was a problem that had plagued this case. This made all of the juries biased, and because the public was always against him, Homer lost all of the juries votes as soon as they were selected. With that all behind him and a fresh new court without such elegances as a jury, Homer believed that this was his chance to change peoples minds for real. He didnt have to sway an entire jury, just the Supreme Court, who had shown a similar bias towards cases like this one. They had voted that separation in the school system in Alabama was legal, which is concurrent to the effect of this case. It was a ruling that allowed Separate but Equal to be voted through by each state individually. Since this ruling, many states in the south decided to apply Separate but Equal to their public facilities. Louisiana was one of the states that had extended the power and use of Separate but Equal to every possible situation. Even in restaurant seating and in the public drinking fountains. There was still a very obvious distinction between the quality of these areas as well. Every area that was specifically for the white people was treated well and kept up, while the areas that were black only were trashed and never cleaned. This was all that was going through the state, and there wasnt an area that they could all go to get away from it. Homer knew that this had to end here, so he fought and fought with his lawyer to help him destroy the precedent and set his own. Pleading like he was already in court, Homer begged and begged. In a surprise turn, Homers lawyer decided that it might actually be a good idea to broaden there plea on the court, and chase after that freedom that blacks were in dire need of. He figured that it would be a better way to show the brutality of the separation and the way that they were treated. If they could give examples of every situation that included the separation, it might tear through the hearts of the Justices. They were people after all. It would be hard to show them the pain that the black community had been going through with just a little train car incident. That was the least of their problems, and attacking that wouldnt work, they needed to show everything that had been tormenting them, and Homers lawyer knew exactly how. He wanted to show that there was legally no difference between black people and white people. There was no legal way to treat them different, simply because of their skin color. He wasnt trying to prove that they were the same, just equal. There shouldnt be a way to treat white people in court or in public, and a way to treat black people. In the system of laws that were in place at this time, it would have been completely acceptable to just deny someone service because they were black. Finally the case came along, which was an incredibly stressful but exciting experience for Homer. He was ready to prove his point that he shouldnt be treated so poorly, but that wasnt what was going to happen that day. He didnt know it yet, but the case had been laid out against them from the start. The precedents set before this case were so overwhelming that it would only take a shred of evidence that Homer was in the wrong, and it would be over. That is exactly what happened on that day. Homer went from being excited to prove his innocence and show the world that it was wrong to segregate based on skin color to being depressed about the fact that he failed to represent his people. The cases ruling came to be that it wasnt above the law to imply a legal distinction between peoples of different skin color. Despite the fact that this seemed to be in complete contrast with the 13th and 14th amendments of the constitution, it was ruled this way. Homer was a precedent setting case that sadly held firm until a very closer time to our own. The case that finally ended the segregation and the Separate but Equal Act was the Brown vs. Board of Education case of 1954. This ended the torment that black men and women had to live through for over 100 years.

Disentangling Genres Essay -- Literature Essays Literary Criticism

  Ã‚  Ã‚   When asked to explain what distinguishes one literary genre from another, aficionados of a particular genre sometimes answer, "I know it when I see it." It may be true that some devotees develop a sixth sense in identifying a literary work as belonging to a specific genre. However, uncommunicated intuitive knowledge does little to either define relatively new or fledgling genres, or distinguish   break- away genres, such as exploration and science fiction from the similar or closely related "parent" genres of travel and adventure, and fantasy, respectively.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     The better defined a genre, the less likely a reader will be to mistake one genre for another and the more likely a selection will match a person's expectations. However, the age old literary function of genre, to provide an interpretive framework for readers, is sometimes secondary to the business imperative that a text be marketed in the most profitable manner. Since some genres have a higher readership than other, publishers may have a   financial motivation for marketing a novel in a particular genre although readers may be mislead.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To increase interest, authors also frequently write books which exploit public interest or current trends.   Edgar Allan Poe's only novel, The Narrative of Arthur Gordon Pym of Nantucket, capitalizes on the recent expeditions to the South Pole. However, the novel's journey and destination are largely superfluous to the action of the plot.   The story is a suspenseful fantasy of dark visions, darker actions and ghostly visitations from the living dead. Although some readers and critics consider it a science fiction novel, Pym is primarily a compilation of the many gothic plot devices of Poe's short... ...orks Cited Abrahams, M.H. A Glossary of Literary Terms. Ft. Worth TX: harcourt,   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Brace College Publishers, 1999. Aldiss, Brian and Wingrove, David. The Trillion Year Spree.   Ã‚  Ã‚   Poughkeepsie,   NY: House of Stratus, 2001. Disch, Thomas M. The Dreams Our Stuff is Made Of.NY, NY: Simon and Schuster, 2000. Freedman, Car. Critical Theory and Science Fiction. Hanover, NH: UP of New England, 2000. "Macpherson, James."   E-Library. 1.2 (2002 ): Online. Internet. 14   Ã‚  Ã‚  Ã‚  Ã‚   April 2002  Ã‚     Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.encyclopedia.com/html/M/MacphersJ.asp Mann, George. The Mammoth Encyclopedia. NY,NY: Carrol and Graf, 2001. Nelson, Brain R. Western Political Thought. Inglewood Cliffs NJ:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prentice-Hall,1982. White, Craig. Syllabus LITR5738:Literature of Space and Exploration    ts. University of Houston Clear Lake. Houston TX.   

Phu Quoc

To Yen Ngan ELP 6 Lecturer: Mr. James Topic: Tourism in Phu Quoc Island Phu Quoc Island is located in Thailand Bay, lies in front of the Cambodia cost, 45km from Ha Tien to the West and 15 km from South Cambodia. Phu Quoc is located in the tropics and is affected by oceanic climate. These are the reasons why Phu Quoc’s climate is always being temperate with average temperature from 24oC – 27oC. The ideal time for tourist to visit Phu Quoc Island is from November to January (Lunar calendar) because in this time the sea is so calm and the amount of tourist will decrease that’s why the price of hotel and food will be more reasonable for everybody. Phu Quoc Island is an attractive island with not only fresh and wide virgin forests but also the most beautiful and clearest beaches. The island like an armed fortress of the Vietnamese navy, and 80% of the island is protected as the Phu Quoc National Forest. Phu Quoc is a beautiful island, bathed in the warm tropical sun; the sea is clear and green. Following are some famous attraction about Phu Quoc Island. Firstly is Coi Nguon museum. This is an interesting place to discover and know more about the culture and the history of Phu Quoc. This museum displays lots of ceramics, bronze and stone tools, and animal and sea mammal skeletons. Besides, there is some art work made by people from Phu Quoc using materials that are specific to Phu Quoc like sea shells and drift wood. Secondly is Phu Quoc Pearl Farm. Visiting this place, everybody have chance to find out about the way how pearl is cultivated. There is also displayed area with lots of pearl collections for your contemplation and shopping. At night, tourists can enjoy the night market in Duong Dong. Night Markets: is located in the middle of Duong Dong and it bustles with trade in fish, fruit, and vegetables. There are many activities in Phu Quoc Island. After enjoying swimming in the ost beautiful and clearest beaches, you can hire a boat to go fishing or do sightseeing in fresh and wide virgin forests or join a boat tour discovering the ocean, experience the fishermen daily life for snorkeling around some coral reefs, having lunch onboard, enjoy sea urchin – a specialty of Phu Quoc. Phu Quoc is also famous for impressive and colorful coral islands. Moreover, tourists can free at leisure for diving to discover the habitats of corals and fishes, or participating sports on the beach such as wa ter Moto, parachuting glide, kayaking, sailing boats †¦ njoy fresh local seafood. In conclusion, a visit to Phu Quoc Island is a good, an ideal and affordable opportunity to relax after hard working or studying and learn many new things in life. Tourists will be received many benefits from the trip to Phu Quoc Island such as make new friends, increase knowledge, explore the historical and cultural traditional of Vietnam many historical and cultural monuments that are connected closely with different stage of the Mekong Delta and country’s development. increase significantly self-confident and love natural, etc. List of References: * http://www. phuquocexplorer. com (Phu Quoc Explorer 2010, All rights reserved – Design by IT-DULICHPHUQUOC. INFO) * http://www. dulichphuquoc. com/2010/03/02/di-cau-ca-va-kham-pha-dao-hoang/ (2005 – 2010 Du Lich Phu Quoc) * http://www. mekongstay. com/vietnaminformations/phuquocisland/18. html (MekongStay co. Ltd 2007)

The Impact Of Media On Mass Communication Essay - 1806 Words

Media Communications Question 3a. Mass commuincation is the exchanging of information or messages on a large scale to a wide range of people, from individuals to organizational bodies simultaneously. The way in which mass communication is effectively accomplished is a very complex study. These days there are various methods and outlets used to circulate mass media. Particularly the last couple of decades, the Internet has predominantly played a massive role in mass communication, this used in conjunction to newspapers, magazines, radio, television, books and film. Mass media industry was in for significant change post World War Two, researches found mass communication a promising tool to aid change in society. Paul Lazafeld initially developed the ‘Two Step Flow of Communication’ during this time, which was to be later defined by Elihu Katz. The two-step flow is essentially the idea that the majority of society forms their opinions from leaders, who have previously been influenced by mass media. (Lazarsf eld Katz, 1955) According to this model, leaders viewpoints have a flow on effect, dispersing from the mass media itself to opinion leaders, then progressing onto the wider population. There have been multiple studies into mass communications which all give evidence how the ‘Two Step Model’ was a signifcant advance in the role of mass media , this essay will particularly look into three studies, The Peoples Choice study (1944), the War of Worlds (1938) and the DecaturShow MoreRelatedMass Media And Its Impact On The Field Of Communication3001 Words   |  13 Pagesand evolution in the field of communication. It was an era when televisions were introduced. They formed a major source of entertainment, news and advertising. 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He states that the medium significantly influences the message that people will receive, and thus, the same message is perceived by the same individual in several ways if he receives them in a different way. The expression the medium is the message means that recipient receives messagesRead MoreMass Media Usage813 Words   |  4 PagesIntroduction to Media Industries Media Visualization Essay Media Usage Mass media has become a powerful tool in shaping our culture, and is largely reflective of our society today. According to our text book and class lecture notes, mass media can be loosely defined as the technological vehicles through which mass communication takes place, along with the industries which control them. Over the years, mass media, has had a profound effect on American society, on its culture, and on the individuals

A Nation At Risk By President Ronald Reagan - 843 Words

Since prior to the 1980’s, the American education system has rapidly declined in all areas. The article, â€Å"A Nation at Risk,† written by President Ronald Reagan, depicts the many issues in the U.S. school systems regarding the content, standard and expectations, time, teaching, and leadership and fiscal support. This piece, apparently, has led the country into an extreme educational reform to improve all aspects of our school system. Based on my experiences in high school, student test scores, and current school conditions, I believe that while all issues raised by the commission in the report are not necessarily a problem anymore, issues with student growth. First and foremost, I believe evaluation of student growth is the biggest issue in the educational system. Test scores do not provide the most accurate depiction of where today’s students stand in terms of content knowledge. For example, I went to Shea High School in Pawtucket Rhode Island, an incredibly diverse school, â€Å"with over 52 countries represented and over 25 languages spoken,† (www.pawtucket.shea.schooldesk.net/). With that in mind, not all students speak English, and a large majority know English as a second language. Regardless, however, all students are required to take standardized tests in English, which negatively impact the school’s test scores greatly. Another major issue that is addressed in the article is with the teachers and their teaching styles. The method in which most teachers teach theirShow MoreRelatedThe New Right By Ronald Reagan974 Words   |  4 Pagesfrom supporting Barry Goldwater to Ronald Reagan, because of this not only were right-wing Americans able to develop a conservative movement in the United states, but also allowed for Reagan be elected president in the 1980s. Ronald Reagan became a New Right hero. 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