...questions of do employment requirements that inhibit women as qualified candidates for a job create a discriminatory practice and is a woman’s decision to work in a hazardous profession preceded by the need to protect her from being harmed. The District Court had ruled in favor of Rawlinson citing that it would eliminate up to 40% of the female population and only 1% of the male population. The District Court ruled that the close contact prohibition was not allowable under Title VII and that being a male was not a necessity in an all-male prison. The Supreme Court had to decide if the District Court ruled incorrectly with the decision that it was a discriminatory practice and did violate Title VII of the Civil Rights Act of 1964. The Supreme Court upheld the decision of the lower...
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...positional risk. Brown also was not injured while performing any of her employment duties so it did not happen during the course of her employment. 3) Rawlinson should assert that the Alabama state prison system violates the disparate impact of Title VII. The stated rule of being at least 5 foot 2 inches and 120 pounds is not discriminatory at first but then you realize that this rule could be discriminatory against women because not many men are shorter than 5 foot 2 inches or weigh less than 120 pounds. Rawlinson doesn’t really need a method for proving discrimination for the second part of her case because the Alabama prison system has a rule that expressly discriminates against hiring women for positions that will have close contact with the inmates at high security prisons. Since the maximum security prisons in Alabama don’t use cells but house the inmates in barracks, this would mean that all prison guards would have close contact with the inmates which would mean that no women would be able to be hired for these positions. The defense that the Alabama prison system would use for the height and weight requirements would be the bona fide occupational qualification (BFOQ). The state would argue that in order to keep the peace in a prison that consists of mostly all men inmates, the prison guards also need to be men especially if the housing is open barracks style and the sexual predators are not separated from the rest of the inmates. The state...
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...100-02 Basak Durgun Nov. 2. 2015 The prison industrial complex is a system created by private businesses in order to expand prisons and profit by increasing the number of people who are jailed in their prisons. It’s a system in which there is little to no care for the rights of prisoners or their rehabilitation rather the entire purpose is to make as much money as possible. In order for the prison industrial system to be successful there is a need for a steady supply of prisoners. These prisoners usually tend to be lower income minorities who can be easily taken advantage of and jailed without being able to defend their rights. In order to advocate for and protect the rights of minorities and women, feminists in the prison abolitionist’s movement have taken a stand to call for an end to the expansion of prisons for profit. One major problem with the prison industrial complex is that it takes advantage of minority groups in society who aren’t able to defend their rights properly. These groups are usually stuck in poor communities in which they usually find themselves missing necessary supplies or services in order to thrive and survive. These people are also grossly undereducated due to the lack of funds being provided for their schools or their communities. As a result many of them end up feeling like they have to commit crimes in order to attain a better living situation or to survive in their communities. The people who support the prison industrial complex realize that the...
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...trends affecting the criminal justice system are related to gender and racial barriers. According to Roslyn Muraskin and Albert R. Roberts (2009 ), assessments of statuses of women and minorities in police work shows that there are obstacles in official and informal structures of police work organizations related to gender and race. Regardless of assessment studies, which show that women are effective patrol officers, organizational principles of law enforcement has repelled the combination of women into patrol officers for more than 20 years. There are three kinds of organizational resistance to slowing down staffing and preservation of female patrol officers. The first organizational resistance is called Technical Resistance. Technical Resistance comprises of failure to adjust police uniforms, gear, and tools sufficiently for women, and constant issues on physical testing, and firearms during their drills, and preperations. The second organizational resistance is named Political and Cultural Resistance. According to Roslyn Muraskin and Albert R. Roberts (2009), Political and Cultural Resistance is facts proving failure to develop child care programs, flexible and gender-neural shifts, and maternity–paternity policies. Other cultural and structural obstacles women correctional officers face in all-male prisons are tokenism, differential treatment, and discrimination by high ranking officers. Some researchers have...
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...SENSITIZATION OF PRISONS WITH SPECIAL REFERENCE TO WOMEN Prisons are less sensitive to the psychological needs of women. There is a growing need for gender sensitization of the prison system. This paper essentially deals with the dilemmas faced by women prisoners in India due to the lack of gender sensitization in Indian jails. Any major program related to well-being of prisoners is focused on men, ignoring the women inmates in prisons all over the nation. The main areas of problems include the lack of provisions for inmates who have infants to take care of, social stigma during and after the prison term, and economic pressures mainly flowing from the traditional economic dependence of women on their male counterparts.. Therefore, this paper argues that there is a need for amendments at a series of levels, from Jail Manuals and prison rules to the technicalities of the prison system in the country apart from the, due care that is required to ensure that the medical, psychiatric, economic and social needs of women inmates are met. Women form a small portion of the total prison population in India. As per the World Female Imprisonment List, more than half a million women and girls are detained in penal institutions all over the world. As far as the Indian scenario is concerned, the statistics of the National Human Rights Commission till 2004 revealed that there are about 13, 355 women and girls in penal institutions all over the country, forming 4 per cent of the total prison population...
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...Name: Course: Lecturer: Date: Are Statutory Rape Laws Patronizing To Girls and Discriminatory To Boys Cover letter The purpose of the essay was to show that there is discrimination in the statutory laws where the boys are the ones who suffer. When there is sex between two teenagers below the age of 16, the girl I protected while the boy is charged. Charging the boy alone while they are both supposed to be protected by the same law is discriminatory. The essay seeks to show this using the case of a 14-year-old boy and three girls. From completing the topic, I learn more about statutory rape and the legal age of consent to sex. I learnt that statutory rape was initially meant for protecting girls from older male advances. However, with the advocacy of equal rights for both sexes, all children must be protected. During the research, I encountered several problems especially with finding relevant sources for information. Most scholarly articles addressed statutory laws without considering discrimination of boys. Therefore, finding the relation between statutory rape and discrimination of boys was challenging. Additionally it was hard to find materials relating to young boys since most statutory rape cases focused on older mature offenders with minors. I enjoyed learning about the statutory law and its consideration for boys in the current are. In addition, I enjoyed learning about the arguments posed by both sides, despite supporting the claim that it discriminated...
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...Racial Disparities in the U.S. Prison Population: Causes, Effects and Remedies Michael C. Pugh Bethel University Introduction America’s war on drugs has contributed to a steady influx of non-violent offenders into the nation’s judicial system for over thirty years. Many of these inmates are serving long sentences with rigid probation and parole policies that many believe are designed as a set-up for failure and re-offense. The result of this influx of offenders is a growing racial disparity, as shown by Bobo & Thompson: In 2004. for example, black males constituted 43.3 percent of those incarcerated in state, federal, and local prisons or jails, though only 13 percent of the total population. Whites on the other hand represented 35.7 percent of the male inmate population in 2004, well under their 75 percent of the total male population (Bobo & Thompson, 2006). (p. 451) This ballooning disparity has become a trend of increasing concern among proponents of racial equality. Many view this trend as another cog in the wheel of covert institutional racism, even labeling it “The New Jim Crow”. Among the men and women of color now residing in U.S. prisons are the potential business owners, educators and leaders of communities that sorely need them. Immediate and results-oriented attention to the racial disparity in U.S. prisons will do much to repair the damaged, needful communities of color throughout the country. BLACK CRIME: CRIMINAL OR CULTURAL? “Black...
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...HIV Mandatory Testing for Pregnant Women HIV is an important issue among the world, and it has attracted a lot of people’s attention. Besides, it also bring a lot of problems to the society. Nowadays, many people debate that should pregnant women take HIV mandatory testing. It means whether or not every female should take HIV mandatory testing when they are pregnant, and it is forced for them. Many people support that because they think taking HIV mandatory testing can reduce the rate of HIV infection for newborn, and many people disagree that because they think that would be disrespectful behavior for female’s privacy. In the book “HIV Testing and Counselling in Prisons and Other Closed Settings: Technical Paper”, the author stated “WHO [] estimates that only about 10 percent of persons living with HIV in low- and middle-income countries know their HIV status (WHO/UNAIDS, 2007). In many of these countries, access to HIV testing remains limited. Many high-income countries also estimate that a significant number of people living with HIV are not aware of their HIV status (OSI, 2007)”. It means that fewer people know their HIV condition, and they have low recognition to care about HIV. In addition, most people do not pay much attention to HIV problems in the society, and it would be a large risk for newborn HIV transmission. Faced with this condition, people would like to take some actions to release this terrible condition, and they want to find some methods to solve this problem...
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...abolished the death penalty in law or practice. In the U. S., 17 states have put an end to state-sanctioned killing. Dakota Territory established the death penalty in 1865. The penalty was carried into North Dakota law at statehood. In 1915, the penalty was restricted to persons convicted of committing a first-degree murder while already under a life sentence for first-degree murder. The death penalty was abolished when North Dakota's new criminal code became effective, July 1, 1975. According to historian Frank E. Vyzralek, only one legal execution took place in the northern half of Dakota Territory in Grand Forks in 1885. Seven legal executions took place after statehood. The last one John Rooney in 1905 was the first to take place inside the prison walls at Bismarck. Previous executions had taken place in the counties, usually next to the courthouse. Three lynching’s took place in the northern half of Dakota Territory and six took place in North Dakota after statehood. The last lynching was McKenzie County in 1931. The only triple lynching took place in Emmons County in 1897, and, it followed the North Dakota Supreme Court's reversal of the conviction of one...
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...GENDER DISCRIMINATION OUTLINE I. Constitutional law A. Background: 100 years of discrimination > theme: law responding to gender discrepancies 1) Should men & women ever be treated differently under the law? a. Definition of equality: = choice/power/income i. Pay gap: women earn $0.74 for every $1.00 a man earns b. Linda Hershman article, Homeward Bound: Many educated & intelligent women decide to stay home with their babies > those decisions are connected to the fact that women are paid less than men, in general c. Evolution in law i. Common law (blackstone): women lost their identity after marriage (merged with husband) & considered inferior to men (acted under husband) - Result: Tenants in the entirety or joint accounts > assumed man put in all the $ (women has BOP to prove otherwise) ii. After 14th amendment > women began to feel that they should have rights as well B. 19th Century: 2 sphere ideology where women queen of home & men marketplace people > no = protection because genders seperaet 1) Privileges and Immunities Clause of the 14th amendment - a. Bradwell v. Illinois (1873) i. FACTS: Bradwell and her husband ran the most influential legal paper in the Midwest & she wanted a license to practice law...
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...GENDER DISCRIMINATION OUTLINE I. Constitutional law A. Background: 100 years of discrimination > theme: law responding to gender discrepancies 1) Should men & women ever be treated differently under the law? a. Definition of equality: = choice/power/income i. Pay gap: women earn $0.74 for every $1.00 a man earns b. Linda Hershman article, Homeward Bound: Many educated & intelligent women decide to stay home with their babies > those decisions are connected to the fact that women are paid less than men, in general c. Evolution in law i. Common law (blackstone): women lost their identity after marriage (merged with husband) & considered inferior to men (acted under husband) - Result: Tenants in the entirety or joint accounts > assumed man put in all the $ (women has BOP to prove otherwise) ii. After 14th amendment > women began to feel that they should have rights as well B. 19th Century: 2 sphere ideology where women queen of home & men marketplace people > no = protection because genders seperaet 1) Privileges and Immunities Clause of the 14th amendment - a. Bradwell v. Illinois (1873) i. FACTS: Bradwell and her husband ran the most influential legal paper in the Midwest & she wanted a license to practice law...
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...The abuse the patients suffered at Winterbourne view was inhuman. However, this could have been prevented if the carers at the hospital were aware of the several anti-discriminatory acts put in place to help stop abuse, such as the abuse shown at Winterbourne View. The Human Rights Act is one of the main laws protecting your human rights in the UK. It contains a list of 16 rights, also known as ‘articles’ which belong to all people in the UK, and it outlines several ways that these rights should be protected. These rights are drawn from the European Convention on Human Rights, which were developed by the UK and others in aftermath of World War II. Only public authorities or bodies exercising public functions have legal duties under the Human Rights Act. This includes: • The police • NHS organizations and staff • Local authorities and their egoless • NHS private nursing and care home arranged for out of public funds • Prison staff • Courts and tribunals, including mental health tribunals • Government departments and their employees This includes Winterbourne View and the patients and staff. The Human Rights Act protects you from • Torture (mental, physical) • Inhuman or degrading treatment or punishment However, the patients at Winterbourne view were not protected by the Human Rights Act because they were tortured both mentally and physically by their “carers”. Also the treatment they received was inhuman and degrading and the so called punishment they received...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...Human rights violations Project in Social Studies Mick Joshua Ilano IV-Mercy Human rights violation in the Philippines. On January 18, 2013, Aquino signed a landmark law, Republic Act No. 10361, designed to protect the rights of the country’s estimated 1.9 million domestic workers. The Philippines also ratified the International Labor Organization’s Domestic Workers Convention No. 189, which would help protect the rights of the 1.5 million Filipino domestic workers abroad. The Aquino administration, however, has not made significant progress on its pledge to expedite the investigation and prosecution extrajudicial killings, torture, and enforced disappearances, among other serious violations of human rights. The number of extrajudicial killings has dropped significantly since Aquino took office, but politically motivated killings are still frequently reported and the murder of petty criminals by “death squads” in urban areas continues unabated. Only two cases of extrajudicial killings have resulted in convictions in the past three years, and even in those cases, the individuals believed most responsible for the killings have not faced justice. The government took some steps to set up an inter-agency committee in 2013 to help investigate and prosecute high-profile extrajudicial killings, but it was not yet operational at time of writing. Harassment of and violence against leftist political activists and environmentalists continues. Insurgency and Ethnic Conflicts In...
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...Other factors such as professionals’ aptitude to suitably deliver mental health services, and the discriminatory nature of classism in the treatment of lower socioeconomic patients, exhibit how the power of race can be so influential. White Americans would not experience these same issues when seeking mental health treatment. Mental health can ultimately be defined with regard to societal norms, as for the African American community mental health may constitute as the sanity of individuals. Those in the black community that partake in notions such as skin bleaching, and hating their own race, are often overlooked in showing attributing factors of poor mental health. Racism serves as such a significant role in the outcome of an individual’s mental state, as all-inclusively racial stratification for African Americans shown through research produces...
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