Essay on The Controversy of Capital Punishment. - 2184 Words

The Controversy of Capital Punishment Since the earliest times, man has struggled with the concept of justice. The controversy of capital punishment has weighed on the minds of humans since the beginning. When we are wronged it is our natural instinct to demand compensation. This thirst for revenge can be seen in the earliest civilizations and societies. Ancient Hammurabi code states â€Å"An eye for an eye, a tooth for a tooth† (History of the World). For many people this little axiom seems fair. Others however, think otherwise and warn of a blind and toothless community. What is it about capital punishment that divides so many Americans? Is it the possibility of an innocent man being executed too much of a risk? Should our current†¦show more content†¦If the defendant was found guilty in one of the thirty five United States that enforced the death penalty, he would most likely be executed by means of lethal injection. Lethal injection has proven to be the most humane way of euthanizing criminals. Before this, up to 4 different methods had been used in the United States. These included hangings, firing squads, gas chambers and the infamous electric chair. It was these early methods that had shocked and provoked the public into bringing about a change in the death penalty process. One particular event that caused this change was the execution of John Evans on April twenty second, eighteen eighty six (Radelet). John Evans was to be executed by means of electrocution. It took 14 minutes for the current of electricity to kill Evans. Evans was reportedly screaming and writhing in his seat. It is also reported that Evans head even caught on fire. Many witnesses also give the first-hand account of the stench of burnt hair and flesh. For many criminals, their actual execution lasted longer than originally expected. March thirteenth, nineteen eighty five, Stephen Morin was to be sentenced to death by lethal injection (Radelet). Morin’s extreme drug abuse made it difficult to find his Neverett 4 veins. After 45 minutes of jabs and pricks, executioners finally found a vein in Morin’s neck to use (Radelet). Some people mayShow MoreRelatedCapital Punishment and its Controversies 1434 Words   |  6 PagesCapital punishment uses death penalty as a form of punishment in many states and countries. It is a practice that has raised endless questions all over the world. Capital punishment or death penalty policy has changed in many countries overtime. Countries such as, New Australia, Zealand and 15 states in the US do not have capital punishment. One of the major concerns arising with capital punishment is because it causes ending of a human life. People and organizations of different backgrounds areRead MoreThe Controversy Of Capital Punishment1374 Words   |  6 PagesThe Controversy of Capital Punishment Capital punishment, or the death penalty, is a form of punishment that has been used as far back as the Colonial Era in America. Although it has been around for the entirety of American history, most of the scrutiny and controversy involving capital punishment arose in the 1972 Supreme Court Case of Furman v. Georgia, in which it was abolished, but quickly returned in 1977. It is evident that many citizens have ambivalent stances on capital punishment; someRead MoreCapital Punishment Controversy1553 Words   |  7 PagesAlthough it is argued that capital punishment is a strong deterrent to crimes and serves as a just punishment, nevertheless, capital punishment should be abolished because it is a violation of human rights, carries a risk of executing innocent people, is a burden on taxpayer’s money and is discriminant in application. Capital punishment has been argued to be a violation of human rights. The Universal Declaration of Human Rights that was adopted by the United Nations General Assembly in 1948 recognizesRead MoreCapital Punishment Is Not A Longstanding Controversy Essay1151 Words   |  5 PagesWhether capital punishment is fair or not a longstanding controversy. Currently the punishment has still been carried out in some countries, such as China and the United States. Numbers of capital punishment in China is in the first place, compared to other countries (Sterbenz, 2014). However, 98 countries have abolished capital punishment (Amnesty International facts and figures on the death penalty, 2007). Although most of countries have no capital punishment to crimes, it is still argued whetherRead MoreThe Controversy Over Capital Punishment2295 Words   |  10 PagesThe controversy with capital punishment has been debated for hundreds of years. The Supreme Court is likely to sway its opinion often about whether it should be abolished or instituted throughout the United States. There have been many court cases and lawsuits regarding this issue that has suggested that legislation would be the most effective way to ending the discussion once and for all. In order to abolish the death penalty, the majority has to agree in support of abolition for any legislatureRead MoreCapital Punishment : The Nation S Controversy3247 Words   |  13 Pages CAPITAL PUNISHMENT: THE NATION’S CONTROVERSY Matthew Isaac Political Science 102 Dr. Percival May 10, 2015 A rarity exists in a single topic that can cause a degree of controversy so large that it attracts politicians, judges, community organizers, economists and even religious officials to discuss it. This issue is one that some support and others oppose; that is, the issue of capital punishment. Capital punishment is loosely defined as the execution of an offenderRead MoreCapital Punishment Has Always Been A Major Controversy1710 Words   |  7 PagesCapital punishment has always been a major controversy ever since the Supreme Court ruled it constitutional. Capital punishment, also known as the death penalty, became extremely popular as a use of â€Å"punishment† for ones illegal actions. The death penalty was first established during 1834 for crimes committed such as â€Å"idolatry, witchcraft, blasphemy, murder, manslaughter, poisoning, bestiality, sodomy, adultery, man stealing, and false witness in case rebellion† (Bohm). According to Bohm’s articleRead MoreThe Death Penalty: Multiple Methods of Execution1489 Words   |  6 Pages A metal skullcap attached to your head, and then you’re blind folded. What might be going through your head? Were you wrongly convicted, or did you deserve death? There are two sides to every issue. While some say the death penalty is a flawed punishment method because it is irreversible, and innocent people have undoubtedly been put to death, others say the death penalty is a humane method of punishing brutal killers by granting them a quick and painless death. Background and Facts Although thereRead MoreThe Importance Of Capital Punishment In The United States990 Words   |  4 Pages2017). Although the State of California has the highest number of inmates awaiting execution, California has only utilized capital punishment thirteen times since the 1972 Supreme Court moratorium on capital punishment was lifted in 1976 (Statistics, 2017). According to the Death Penalty Information Center (2017), race plays a role in determining sentencing in capital punishment cases (p. 11). Thus, in the State of California and Washington State, jurors were three times as likely to recommend theRead MoreThoughtful Reasoning For The Ultimate Punishment1613 Words   |  7 PagesLinda Chin Mr. Hoague AP Lit and Comp, Period 1 14 October 2015 Thoughtful Reasoning for the Ultimate Punishment Only the most dangerous criminals in the world are faced with society’s ultimate penalty, or at least that is the theory. Capital punishment, commonly referred to as the Death Penalty has been debated for many decades regarding if such a method is ethical. While there are large amounts of supporters for the death penalty as a form of retribution, the process is avoidable financially

Wilfred Owens Poetry - 1379 Words

Wilfred Owen establishes a sense of conflict in his poetry, this is depicted in â€Å"Anthem for Doomed Youth† and in â€Å"Dulce et Decorum est†. There are a number of themes in Owen’s poems, which all relate to the war. The poems focus on the allied soldier’s experiences and the impact the war had on them. The environments that Owen mentions in his poetry include the battlefield in France and the small towns in England. Owen’s poetry has many types of conflicts which include conflicts in the environment, inner conflict and conflict from others. The purpose of the poems was to reveal that the war was horrific and cruel. Owen had hoped that his poems would convince people in England, not to support the war. â€Å"Anthem for Doomed Youth† depicts a†¦show more content†¦Ã¢â‚¬Å"What candles may be held to speed them all?â€Å" creates the impression that the deceased are moving on to their next life, possibly highlighting Owens religious views on life. The response is â€Å"Not in the hands of boys but in their eyes†, implying that as opposed to a candle that would be lit at a traditional funeral to symbolise everlasting life, these soldiers received tears in the eyes of boys. The image conveyed in the readers mind is the misting up of boys eyes and tears that are being shed. â€Å"Shall shine the holy glimmers of goodbyes†, suggests that their eyes are very meaningful as they see the deceased soldiers off to their next lives. This line also has a religious theme, and lots of alliteration is used to strongly emphasise the point that Owen is making. The word â€Å"glimmer,† stresses the point that it is not a thorough seeing off that these soldiers are receiving. Throughout the poem, the point that is emphasised is that the soldiers that died on the Western Front did not receive dignified endings and even in death, battle still raged around them. Additionally, the meaning of the poem is that each soldier will not be remembered because they are one in so many and have no elaborate funeral. â€Å"Dulce est Decorum est† is an example of a poem written through his own eyes, based on his own experiences and views of the war. He uses vivid and graphic imagery to give the reader the exact feeling that he wanted. Exact dictionShow MoreRelatedWilfred Owens War Poetry1219 Words   |  5 Pagesimaginations. Campbell (1999: 204) refers to their poetry as trench lyric, which not only calls attention to the poems’ most common setting, but also the accompanying images of filth, barbed wire, shell fire, and so forth. The genre portrays these distressing conditions in an unromantic light, thus differentiating it from the patriotic lyrics of the early war. It is realistic in that it employs the traditional styles and diction of English poetry, however uses these conventional poetic forms to portrayRead MoreAn Analysis Of Wilfred Owens Poetry1017 Words   |  5 PagesPity of War ​ Wilfred Owen challenges the rampant propaganda of war through his poetry as he shines light on the nature of war through his personal view and experience of it. This is represented in his poetry, on the truth of war allowing for the reader to further understand the atrocities committed during this time. This is a salient point in his poems Anthem for doomed youth, and Dulce et decorum thus Owen effectively conveys his ideas about war through his poetry. To Owen’s mind this is theRead More Wilfred Owens War Poetry Essay2776 Words   |  12 PagesWilfred Owens War Poetry If Wilfred Owens war poetry had one main aim, it would be to expose the old lie: that war is always a good and justified thing and that it is a good thing to die for ones country. Owen had experienced first hand the horrors and tragedies of the First World War, so he inevitably wanted to break open the false faà §ade and let the world know the truth. I am going to explore what I find to be three of his best poems and show how he achieved this aim. Owen wasRead MoreWilfred Owens Poetry Expresses Strong and Impressive Feelings713 Words   |  3 PagesWilfred Owen’s poetry often expresses a strong and impressive feeling of the persona. The poems ‘Storm’ and ‘Maundy Thursday’, both convey a man’s powerful, physical attractiveness to the persona. Owen uses his skillful writing to achieve such a strong impression of this in these two poems. In each poem, Owen uses the form and structure of the poem, diction of the poem, as well as poetic devices and figurative language to portray the feelings and thoughts of the persona. The form and structureRead More Wilfred Owens Poetry and Pity of War Essay3690 Words   |  15 PagesWilfred Owens Poetry and Pity of War Through his poetry Wilfred Owen wished to convey, to the general public, the PITY of war. In a detailed examination of three poems, with references to others, show the different ways in which he achieved this Wilfred Owen was born in Oswestry, 18th March 1893. He was working in France when the war began, tutoring a prominent French family. When the war started he began serving in the Manchester Regiment at Milford Camp as a Lieutenant. He foughtRead More The Negative View of Society in Wilfred Owens Poetry Essay1156 Words   |  5 PagesDulce et Decorum est and Anthem for Doomed Youth are both written by Wilfred Owen, and both are written to show â€Å"the war [World War I] and the pity of war†. Owen does this by regaling very sad and often shocking poems that I believe are very effective in delivering their purpose. Both poems present negative views of society through tone and metaphors and Dulce et Decorum est also uses similes. A poem that presents a negative view on society is Dulce et Decorum est. It is a satirical poem aboutRead MoreWilfred Owens Attitude Towards World War 1 As Shown In His Poetry2289 Words   |  10 PagesWhat is Wilfred Owen’s attitude towards Worlds War 1 and how is this shown through his poetry? You should comment upon and compare at least two of his poems and describe the tone he writes in the imagery he uses and the poetical techniques he includes to convey his opinions. Wilfred Owen was born in Shropshire on 18th March 1893. He was the son of a railway worker and was educated at schools in Shrewsbury and Liverpool. Wilfred was encouraged to write poetry from an early age by his devoted motherRead MorePat Barkers Regeneration, Wilfred Owens Poetry and Joseph Hellers Catch-223081 Words   |  13 PagesExplore the psychological and moral impact of war on soldiers and civilians in Pat Barkers Regeneration and Wilfred Owens poetry. In the course of your writing show how your ideas have been illuminated by your response to Joseph Hellers Catch-22 and other readings of both core texts. Pat Barkers Regeneration, Wilfred Owens poetry and Joseph Hellers Catch-22 can all be categorised as subjective war texts  as the main structural principle is not dominated by characters actions, but ratherRead MoreAnalytical Essay on Wilfred Owens War Poetry- Dulce Et Decorum Est- by Za1715 Words   |  7 PagesAnalytical Essay on â€Å"Dulce et Decorum Est† By ZA 2010 and 15 years of Age British war poet, Wilfred Owen, incorporates many techniques of poetry writing in his works. As a soldier, Owen often wrote poems which described the misery and hardships on the fronts of World War One. To illustrate the image and scenes of the conflict, Owen uses an array of techniques which can be noticed in his poem â€Å"Dulce et Decorum Est† In the poem, â€Å"Dulce et Decorum Est†, Owen recollects the event of a gas attack on returningRead MoreCritical Analysis of Wilfred Owens poem Arms and the Boy1660 Words   |  7 PagesEng 432 Outline Critical Analysis of Wilfred Owens poem Arms and the Boy I. Introduction: 1. Introducing what is going to be discussed in the paper (analysis of Arms and the Boy , its relation to one of Owens poem). 2. Thesis Statement : Wilfred Owens poem Arms and the Boy can be discussed to represent the horror of war. II. Body: 1. Owen was a soldier and a modern poet who was known as anti-war poet. A. A summary of Owens poetry in general . B. His representation of the horror of war in his

Crisis and Disaster for the Global-Free-Samples for Students

Questions: 1.Identify the breaches in WHS legislation, with specific reference to the legislation that applies in the case study i.e. NSW legislation. 2.Identify the hazards within the workplace. 3.Assess the risks associated with the hazards and determine the priority for risk treatment. 4.Identify appropriate management level controls to address non-compliance with Legislation. 5.Identify the risk controls applying the hierarchy of controls for the identified hazards. 6.Conduct a cost benefit analysis that clearly states the costs and benefits associated with the non-compliance, hazards and recommended controls. Answers: Introduction Hotels and resorts have become susceptible to the impact of crisis and disaster for the global environmental change and the security risks. There are a lot of uncertainties that can create crisis and disaster within the organization affecting the staffs and customers as well. Considering these facts, the government has introduced certain laws and policies that help to prevent hazards in the workplace. The case study of the hotel situated in The Rocks in the heart of Sydney has been providing cheap service since its inception. The present report would analyse the breaches in legislation and hazards and risks associated with it and its ultimate impact on the workplace. 1.Breaches in WHS Legislation with reference to case study According to New South Wales (NSW) legislations, Work health and safety laws (WHS) require the parties to consult and cooperate in the management of workplace risk to protect the health and the safety of the workers and all others who might be at risks at the work(Workplaceohs.com.au, 2015). WHS Legislation supports WHS act 2011 and WHS Regulations 2011 to guide the employers to comply with the safety laws. WHS Act 2011 No 10 (Duty of Care) states that it is the primary responsibility of the employer to ensure the safety of the workers by ensuring that the work environment, the system of work, machinery and equipment are safe for the workers. Chemical should be used stored, handled and used safely and there are adequate workplace facilities. The duty of Care seemed to be completely ignored in the hotel of the given case study. Firstly, the hotel is located in a risky area where robbery and assault are common and this threatens the safety of the worker and the guests. Secondly, the lift is old and out of orders and thus the system of work and equipment are not safe. Thirdly, the bottles of chemicals are not properly labelled and no information on the safe use of chemicals are provided. There are several instances of chemical injuries and some of them go unreported (Safework.nsw.gov.a, 2017). Division 3 of WHS Regulation 2011 mentions it is the duty of the organization to offer first aid equipment so that each worker has access to the equipment of first and staffs are trained to administer it. However, in the given case, there is no proper medical provision for which the staffs need to go to local doctors. Division 3 of WHS Act shows the importance of health and safety Representative (HSR). The given case shows that the Health Safety Representative have not completed HSR training and the HSR committee is made up of the staffs of administration area. Moreover, the committee is least effective in handling issues thus leading to breach of law (Legislation.nsw.gov.au, 2017). As per the section 19 of WHS Act, the management of the workplace should provide information, training and instruction regarding the type of work to be carried out, the nature of risks and control measures. However, in the given case, the new staffs within the organization does not undergo any training which affects their performance and staff turnover is high(Legislation.nsw.gov.au, 2017). Part 4.3 of WHS Legislation 2011 mentioned the risk of confined spaces and the need to avoid it. However, the case shows that the function area that has an accommodation capacity of 100 people has a booking of 150 guests. This can result in severe accidents and thus it breached the law. 2.Hazards within the workplace The analysis of the hotel of The Rock makes it evident that there are several hazards within the organization that affects the workers as well as the guests. Chemical hazards: This hazard is quite common in this hotel and there are several instances to chemical hazards are reported. The chemical bottles are not labelled properly and the suppliers do not provide accurate information about the ways to handle the hazards. The staffs and the guest, for coming in contact with fumes, have also encountered breathing difficulties (Case Study). Mechanical and electrical hazards: The lift of the hotel is old and often remain out of order. The reports of staffs' showed that last month the lift has broken down five times and once a guest suffered a stroke. Lack of maintenance can result in serious accidents and even death of the workers(Case Study). Psychological Hazards: This hazard is also common in this hotel due to the lack of proper working environment. The hotel is situated in a risky area and hence the employees remain under the fear of assault and robbery. Ineffective training and motivation have resulted in the frustration and the tiredness of the employees. This affects their psychological balance(Case Study). Manual handling: Manual handling risks can arise from pushing, pulling and lifting. Improper HSR training and the lack of written occupational health and safety plan increased the risk of Manual handling as the staffs are unaware of the risk and they do not receive proper training(Case Study). 3.Risk Assessment to determine the priority of Risk Ineffective risk assessment within the organization can create a negative impact on the organization. To evaluate the level of risks within the organization, a risk assessment has been carried out (Refer to Appendix 1). Risk assessment is the systematic process of describing and measuring the risks, which is related to hazardous substances, process, actions and events(Covello Merkhoher, 2013). In the given case study, the hotel does not have any written health and safety plan. Moreover, lack of proper training of the employees, maintenance of the equipment and work environment have increased the scope of risk. The risk assessment showed that the risk of death due to chemical injury is quite high. Moreover, the instance of long-term illness due to chemical and mechanical hazard is also high. The risk of obtaining medical attention and going for several days off due to psychological is a hazard is medium. It is also seen within the case study that last month, an unusual number of housekeeping staffs has been absent from the work. The rate of employee turnover is also high. This is due to the high amount of risk involved. The instance of the risk of requiring first aid from manual handling is medium(WorkCover NSW, 2014). 4.Management Level Control to address noncompliance with legislation The management of the hotel is responsible for maintaining compliance with the legislation. The management can employ some control to ensure that health and safety laws are followed within the organization. Reporting of the Breach of Law The supervisor is responsible for the initial identification and the notification of the breach. After carrying out assessment and investigation, the super visor should report the same to the Health and Safety Committee. This committee is responsible for consulting with the resident and owner and take corrective action. Implementing Duty of Care Checklist To prevent non-compliance of legislation, the management is responsible for preparing the duty of care checklist that would create knowledge about the hazards and risks associated with the work. The management is responsible for creating active and visible leadership by offering strategic direction through consultation and communication(Safety.uwa.edu.au, 2016). Development of WHS Policy The hotel should develop WHS policy based on NSW legislation. There showed be written health and safety plan. Failure to abide the policies can result in serious punishment and fines. Formation of Health and safety committee within the organization would help to address health and safety matters involving a representative from senior management, and general staffs. There should also be an Emergency Planning committee for handling the emergency within the organization. Regular Checking of work equipment All the equipment of the hotels like the lifts, electrical gadgets, and other machinery should be checked properly in order to prevent any accidents or hazards. It is the responsibility of the management to ensure a proper working environment for the employees and guests (University of Wollongong Australia, 2015). 5.Hierarchy of controls for the identified hazards As per the WHS Regulation 2011, the management of the organization should be responsible for implementing specific control measures within the organization to eliminate the risks. The Hierarchy of Hazard control that would be applicable in this case is illustrated below: Figure 1: Hierarchy of Hazard control Source: (Legislation.nsw.gov.au, 2017) The first stage includes elimination of risk and regular checking of the lifts and other electrical gadgets that are used by the guests and the employees can do this. Substitution of risk is done by implementing risk control measures. The employees should be properly trained to handle different equipment(Reese, 2015). The organization should oh health and risk committee to assess the risk associated with different levels. The chemical bottles should be labelled and the employees should have the knowledge to use them properly(Amyotte et al., 2009). Engineering control is the strategies used for protecting the workers. This prevention method is quite costly but it ensures safety and security of the workers. Employing Fume hood, Bio safety Cabinet to ensure safety. Administrative control is also essential, in which the management of the hotel needs to focus on employee training, preparing written health and safety measures and creating warning labels. Workplace Hazardous Material Information system can be effective in this case(Wu, 2012). Since the hotel staffs handle chemical staffs and other electrical equipment and fire, Personal Protective Equipment is essential. This can include gloves, uniform, hard hats, safety glasses and safety footwear. 6.Cost benefit analysis for noncompliance, hazards and recommended controls Cost-benefit analysis is the decision-making process that compares the cost and the benefit of a course of action and its impact on the organization(Sinden, 2016). In this section, a cost-benefit analysis of the noncompliance and the recommended controls would be carried out. The cost of hazards and noncompliance to WHS laws are listed below: If the organization does not follow the laws then it can result in severe accidents. For instance, the lack of maintained of lifts has resulted in the stroke of one aged guest. Non-compliance to the handling of chemical and hazardous substance can also result in severe injuries. For instance, improper labelling of bottles has resulted in several accidents. Non-compliance to improper training and knowledge sharing resulted in contact burns to hands and burns to eyes and even breathing difficulties. Non-compliance can lead the management to pay fines that would generate negative publicity. Moreover, strict investment from the legal authority can also result in the permanent closure of the organization. The benefits of the recommended controls are: Formation Safety Committee: The benefit of forming safety committee is that they would focus on identifying the policies and programs that would lead to the safety of the employees. This committee would be responsible for proper checking of the equipment and machinery within the workplace to prevent hazards(Health and Safety Authority , 2017). Offering Personal Protective Equipment: This would benefit the employees to handle chemical studs or sharp objects carefully and to prevent accidents. The employees would develop a sense of belongingness and their absenteeism would decrease followed by employee turnover. Training of safety and common employees: All the employees within the organization should be trained to their work. They should be trained to handle hazards and risk. This would help in reducing the risk of accidents(Chiang, 2000). Development of health and safety policies and written plan: This would benefit the organization in abiding the established NSW legislation related to health and safety. Thus, the goodwill of the hotel would increase as the employees and guests would get safety and security. 7.Consequences of not improving compliance and managing the workplace hazards The consequences of not improving compliance and inefficiency in handling hazards can be serious. The fatal accident is common if laws are not maintained. There is a risk of injury for the employees as well as that of the guests visiting the hotel (Dai et al., 2015). If the Health Safety Committee is not active then it can increase the risk of hazards. This committee overlooks congestion in the function area and this can result in severe fatal accidents(Reason, 2016). Non-compliance and increased hazards can increase dissatisfaction among the employees and guest resulting negative publicity of the hotel. The employee turnover would increase and none of the employees would able to provide effective service to the customers. The legal authority in NSW can provide charges on the organization for which the organization needs to pay fines. In some case, the hotel can be closed on a permanent basis. Hence, it is essential to comply with the established legislations (Hale et al., 2015). Conclusion The present report evaluates the hazards within the hotel given in the case study. The hotel has disregarded the established laws in NSW related to health and safety and this has increased the accidents. Lack of training of the employees and proper intervention of the management has further worsened the situation. The report provides suitable recommendation to comply with the laws and prevent hazards. Works Cited Amyotte, P.R., Pegg, M.J. Khan, F.I., 2009. Application of inherent safety principles to dust explosion prevention and mitigation.. Process Safety and Environmental Protection, 87(1), pp.35-39. Chiang, L.C., 2000. Strategies for safety and security in tourism: a conceptual framework for the Singapore hotel industry. Journal of tourism studies, 11(2), p.44. Covello, V.T. Merkhoher, M.W., 2013. Risk assessment methods: approaches for assessing health and environmental risks. Berlin : Springer Science Business Media. Dai, H., Milkman, K.L., Hofmann, D.A. Staats, B.R.., 2015. The impact of time at work and time off from work on rule compliance: The case of hand hygiene in health care.. Journal of Applied Psychology, 100(3), p.846. Hale, A., Borys, D. Adams, M., 2015. Safety regulation: the lessons of workplace safety rule management for managing the regulatory burden.. Safety science, 71, pp.112-22. Health and Safety Authority , 2017. Safe Hospitality. Legislation.nsw.gov.au, 2017. Work Health and Safety Act 2011 No 10. [Online] Available at: https://www.legislation.nsw.gov.au/#/view/act/2011/10/part5 [Accessed 25 Aigust 2017]. Reason, J., 2016. Managing the risks of organizational accidents.. London : Routledge. Reese, C.D.., 2015. Occupational health and safety management: a practical approach. London: CRC press. Safety.uwa.edu.au, 2016. Roles and responsibilities. [Online] Available at: https://www.safety.uwa.edu.au/management/about/accountability [Accessed 22 August 2017]. Safework.nsw.gov.a, 2017. DUTY OF CARE AND DUTY TO CONSULT. [Online] Available at: https://www.safework.nsw.gov.au/law-and-policy/employer-and-business-obligations/duty-of-care-and-duty-to-consult [Accessed 25 August 2017]. Sinden, A., 2016. Cost-Benefit Analysis. Encyclopedia of Environmental Law: Environmental Decision Making, pp.1-17. University of Wollongong Australia, 2015. WHS LEGISLATIVE COMPLIANCE GUIDELINES. WorkCover NSW, 2014. Hazpack: MAKING YOUR WORKPLACE SAFER: A PRACTICAL GUIDE TO BASIC RISK MANAGEMENT. Workplaceohs.com.au, 2015. NSW Legislation. [Online] Available at: https://workplaceohs.com.au/legislation/nsw-legislation [Accessed 25 August 2017]. Wu, S.L., 2012. Factors influencing the implementation of food safety control systems in Taiwanese international tourist hotels. Food Control, 28(2), pp.265-72.

The Defense of Marriage Act (DOMA)

Introduction In 1996, the US congress approved the Defense of Marriage Act (DOMA), which was a federal regulation that explained marriage within the precincts of law. It stated that marriage is a consensual union between one man and one woman. The law was supported by the assembly and was consequently consented by the president. Under the same establishment, no authority could come up with another law recognizing same sex relationships as marriage.Advertising We will write a custom research paper sample on The Defense of Marriage Act (DOMA) specifically for you for only $16.05 $11/page Learn More The law extended its rules to other organs of society, including the insurance sector, health sector and the employment sector (Ignatieff 90). However, the court has so far termed the law unconstitutional. The Massachusetts court ruled twice that the law is inapplicable in society. Equally, the California court has also claimed that the law cannot be applied to resolve emerging issues in society. Defendants of the law have moved to court to challenge the recent rulings by the two courts. In 2011, the Obama regime came to the realization that the law was against the wishes and desires of the majority in society. Thus, the administration stated that it would implement it but could not support it in court. Due to this declaration, the House of Representatives vowed to support the law, claiming that it was representing the federal government. This article will examine some of the issues that affect the DOMA law, specifically the court rulings. The court has always opposed the law because it does not represent the interests of the majority in society. To understand the intricacies of the law, the paper will give its background briefly and proceed to give examples of how the court has always frustrated the political elites supporting the DOMA regulations. Background Marriage as a social basic unit was uncontested until the early 1980s when some gay groups raised concerns over their mistreatment in society. The groups wanted to be granted the right to marry their fellow men as sexual partners. In early years, a gay activist had tried to persuade the court to allow him marry a male partner. In Barker v. Nelson, the court ruled that restricting marriage to members of opposite sex was in accordance to the provisions of the US constitution. In 1989, the State Bar Association of California requested the government to allow marriages between people of same-sex.Advertising Looking for research paper on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consequently, the high court ruled that same sex marriage could only happen under special circumstances (Lauren 32). This could only happen due to expenses incurred by individuals in the city and the deteriorating standards of living. In 1993, the Hawaiian Supreme Court observed in Baehr v. Mike case that the state should give detail ed reasons as to why homosexuality should not be allowed in society. In 1996, republicans were much concerned about the rising cases of homosexuality. This encouraged them to draft a bill that would contain the vice. Republican representative, Bob Barr, introduced the bill to the House of Representatives chamber while Senator Don Nickles took it to the senate. Both houses approved the bill but the democrats interpreted it in terms of politics. Clinton approved the bill since there was little time left for campaigns. In 2002, the Republican Party reiterated that it supported the DOMA principles and went a notch higher to claim that the judiciary was against the law (Ishay 51). In 2004, the Bush administration sanctioned DOMA principles and cautioned that the judges were interpreting the law in a way that could easily cause confusion in society. Accordingly, the Bush administration was keen to support the law in court, including the case in Washington termed as In re Kandu, the Florid a case termed as Wilson v. Ake where two women wanted to legalize their marriage, and the Bishop v. Oklahoma case. In 2008 political manifesto, Obama promised Americans to support the repealing of DOMA principles. However, since the issue was still under contention, the Justice Department supported the DOMA rules in Smelt v. United States case. In 2009, human rights groups pushed the president to sponsor a bill that could repeal DOMA principles from the constitution. Consequently, the government decided not to defend the law in court since it believed that it was unconstitutional and went against the wishes of the majority. The government did not send representatives to the Pedersen v. OPM and Windsor v. United States cases. Challenges from the Court Same sex groups tried to change the sections of the DOMA law but the political class thwarted their efforts. For instance, the defendants of the DOMA principles defeated a joint bankruptcy petition of same-sex couples in Washington. In 2009, the US Court of Appeal for the Ninth Circuit affirmed that DOMA was illegal and could not be applied in resolving cases related employment.Advertising We will write a custom research paper sample on The Defense of Marriage Act (DOMA) specifically for you for only $16.05 $11/page Learn More The federal authorities declined to offer spousal benefits to one of the complainants because of the DOMA law. In 2008, Golinski filed a case demanding for health benefits from her spouse. The chief Judge declared that she was indeed entitled to marriage benefits, even though the Office of Personnel Management had rejected her claims due to DOMA rules. The office of personnel management refused to pay her since the complainant had violated the DOMA rules. Golinski filed a court case against OPM in another court to enforce the ruling of the previous judge. Even though White, the judge in charge, dismissed her claims, she was given a confirmation to adjust her cas e, which would challenge the illegality of DOMA. In 2011, Paul Clement, the former US Solicitor General acting on behalf of the Bipartisan Legal Advisory Group challenged the legality of DOMA law in court. Clement argued that the definition of marriage was discriminative, something that the Justice Department avoided for years. With this realization, the Department of Justice moved to court to challenge the provisions of DOMA, arguing that the law violated the rights of gays and lesbians. The DOJ argued in the same way as Golinki, claiming that homosexuals have never enjoyed their rights, which are contained in the constitution. The Department of Justice further observed that gays and lesbians receive unfair treatment from societal members. On the other hand, religious groups, which are usually stakeholders in governmental policymaking, argued that the Department of Justice had decided to attack DOMA principles (Okihiro 17). The church claimed that the activities of the jury could c ause conflicts between the church and the state. According to the church, the state had allowed immoral conducts to go on in society. On 22 February 2012, the judge in charge (White) ruled in favor of Golinski, claiming that section 3 of DOMA violates the rights and freedoms of Golinski, as outlined in the Fifth Amendment. The judge further claimed that no authority had the powers to deny another individual his or her rights provided in the constitution (Adam 7). Therefore, the homosexuals had the right to exercise as they wish. In Smelt v. County of Orange case, the DOMA principles were also faulted. The couple wanted to be identified as legal marriage partners but the court refused to recognize their union. The couple filed another court order on 9 March 2009. The couple challenged the legality of DOMA, as well as Proposition 8. Even though the jury dismissed the case, the couple was allowed to marry and could access all federal benefits such as employment, healthcare and many mor e.Advertising Looking for research paper on common law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Conclusion From the above analysis, it can be concluded that DOMA principles were unpopular to the majority of Americans right from the beginning. The law deprives people of their democratic rights and freedoms. In the US, the Fifth Amendment allows individuals to exercise whatever they feel is right for them, as long as they do not interfere with the rights of other individuals. The issue of morality has been debatable since 1980s when AIDS was first tested. Those against homosexuality claimed that gay-sex was not safe as regards to disease transmission. On their part, homosexuals have gone through difficult times trying to lobby the government to accept their wishes. The government has always given them a cold treatment because the majority of policy makers in government believe that homosexuality is immoral. However, the courts have stepped in to help homosexuals redefine the Fifth Amendment, which grants each citizen the right to freedom of expression. The Obama administration r ealized that many people were against the provisions of the DOMA law. The government has consequently decided to distance itself from the DOMA law. Works Cited Adam, Barry. The Rise of a Gay and Lesbian Movement. New York: G. K. Hall Co, 1987. Print. Ignatieff, Michael. American Exceptionalism and Human Rights. Princeton: Princeton University Press, 2005. Print. Ishay, Micheline. The History of Human Rights: From Ancient Times to the Globalization. 2nd ed. California: University of California Press, 2008. Print. Lauren, Gordon (2003). The Evolution of International Human Rights: Visions Seen. 2nd ed. Pennsylvania: University of Pennsylvania Press, 2003. Print. Okihiro, Gary. Margins and Mainstreams: Asians in American History and Culture. Washington, Dc: University of Washington Press, 1994. Print. This research paper on The Defense of Marriage Act (DOMA) was written and submitted by user PrinceofOrphans to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.