Issue Concerning Shazia Khan Essay Example

Issue Concerning Shazia Khan Essay 199288 Report ON We will write a custom essay sample on Issue Concerning Shazia Khan specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Issue Concerning Shazia Khan specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Issue Concerning Shazia Khan specifically for you FOR ONLY $16.38 $13.9/page Hire Writer LEGAL ISSUES CONCERNING INDIVIDUALS WHO WORK AT TRAVEL EXPRESS’S SELBY SITE AND THE LEGAL CONSEQUENCES TRAVEL EXPRESS MAY FACE August 2007 Prepared for: Chetan Walla The Personnel Manager Prepared by: Assistant Personnel Manager Drumhead This study discusses legal issues that have emerged from separate incidents at Travel Express’s Selby Site. Relevant instance jurisprudence and legal rules were explored in order to detect whether Travel Express may confront in any legal effects. The study reveals the legal effects Travel Express are likely to confront. Issue Refering Shazia Khan Shazia Khan’s strain hurt raises some legal issues. As employers, Travel Express have a responsibility to guarantee, so far as is moderately operable, the wellness, safety and public assistance at work of all its employees. This responsibility is imposed by the Health and Safety at Work Etc Act 1974. [ 1 ] Travel Express run the hazard of being held vicariously apt for the Regional Manager’s breach of a statutory responsibility. Case jurisprudence associating to emphasize at work makes clear that an employer will be in breach of its responsibility to its employee if it fails to take sensible attention to avoid wounding the employee’s wellness. [ 2 ] It may good be that Shazia Khan’s hurt was non moderately foreseeable. However, if the Regional Manager fails to take stairss to assist her after holding become cognizant that her work load is holding an inauspicious consequence on her physical wellness, Travel Express may still be found to hold breached their responsibility to her. [ 3 ] As employers, Travel Express besides have an implied responsibility to cover with grudges decently and within a sensible clip. [ 4 ] An employee is foremost expected to decide grudges with her director informally. This is precisely what Shazia Khan did by raising the issues with the Regional Manager. If she realises that the grudge can non be resolved informally, she may take to decide it officially with direction or follow the grudge processs set out in the Employment Act 2002 [ 5 ] to take her instance to the employment court. In a contract of employment, there is besides what is known as implied term of trust and regard. Thus Express Travel have a responsibility non to make anything that will damage the relationship of trust and regard between them and Shazia Khan. The sorts of behaviors that may represent a breach of responsibility to handle an employee with regard include failure to give the employee necessary support. [ 6 ] The Regional Manager’s response to Shazia Khan’s ailment at least constitutes failure to give her necessary support. The legal effect Travel Express may confront is that misdemeanor of the above-named implied footings entitles Shazia Khan to end the contract of employment and convey a claim against Travel Express for constructive dismissal. [ 7 ] Stairss must hence be taken by the Company, every bit shortly as is practically possible, to decide the job. Issue Refering Trespassing and Injuries Suffered by the Two Male childs Trespassing in the vehicle mending country and the hurts suffered by the two male childs, Allan and Barry, do non simply raise legal issues but may besides do Travel Express to incur liability. Aside from holding a responsibility to take sensible attention for the wellness and safety of their employees and avoid exposing them to unneeded hazard, employers may owe a responsibility of attention to individuals who are neither their employees nor visitants. Such a responsibility, which falls under civil wrong jurisprudence instead than employment jurisprudence, is imposed by the Occupiers’ Liability Act 1984. An resident of premises owes a responsibility to another non being his visitant in regard of any hazard of their suffering hurt on the premises if he is cognizant of the danger or has sensible evidences to believe that it exists. [ 8 ] Not merely are Travel Express the residents of the country in inquiry within the significance of the 1984 Act, but besides they are cognizant that there has been intruding in the country. Besides, Travel Express have sensible evidences to believe that danger exists in an country where damaged managers and bringing new waves are repaired. An resident besides owes a responsibility to another non being his visitant in regard of any hazard of their suffering hurt on the premises if he knows or has sensible evidences to believe that the other is in the locality of the danger concerned or that he may come into the locality of the danger, [ 9 ] and the hazard is one against which, in all the fortunes of the instance, he may moderately be expected to offer the other some protection. [ 10 ] Travel Express knew that the two male childs who have suffered hurt were in the locality of the danger. They were hence required to take such attention as is sensible in all the fortunes of the instance to see that the male childs did non endure hurt on the premises by ground of the danger concerned. [ 11 ] By neglecting to take stairss to give warning of the danger concerned or to deter individuals from incurring the hazard [ 12 ] , Travel Express have breached their responsibility to the male childs and are hence likely to be held apt fo r the boys’ hurts. Issue Refering the Assistant Operator’s Fatal Accident In order to forestall their employees from prolonging hurts at workplace, employers owe a responsibility to supply a moderately safe works, premises and systems of working. [ 13 ] Not merely does the guiding of the lifting system to place autumn within the range of Mr Peter Smith’s employment, but besides it is a lawful act. For this ground, Travel Express are responsible for the mode in which the lifting system is operated by their employees [ 14 ] Since Express Travel owe their workers a responsibility of attention, the inquiry turns on whether the accident was caused by the carelessness of the operator, Travel Express or the victim. An employee besides has a responsibility to execute his responsibilities with sensible accomplishment. [ 15 ] However, even if the operator breached his responsibility to execute with sensible accomplishment, Travel Express would non be entitled to switch their liability to him if a breach of statutory responsibility or carelessness on their por tion contributed to the victim’s decease. [ 16 ] It is non clear from the fortunes of the instance whether the accident was caused by the carelessness of the operator or his helper ( victim ) . As employers, Travel Express are placed under an duty to guarantee that every lifting operation affecting raising equipment isproperly planned by a competent individual ; suitably supervised ; and carried out in a safe mode. [ 17 ] They are besides required to guarantee that the lifting system is inspected by a competent individual at suited intervals between thorough scrutiny to guarantee that wellness and safety conditions are maintained and that impairment can be detected and remedied in good clip. [ 18 ] Entrusting a new employee with the operation of a heavy lifting system without supervising clearly constitutes a breach of statutory demands. Surely, if the system had been exhaustively examined it would hold been detected that the overseas telegram, which snapped and killed the helper operator, was under tenseness. It is an offense to transgress any wellness and safety ordinances. [ 19 ] Criminal proceedings may therefore be brought against Travel Express. A immense mulct is likely to be imposed on them if they are found guilty. [ 20 ] Issue Concerning Operation Managers’ Conduct The Operations Manager’s response to the safety issues raised by the safety representative was unhelpful. Health and Safety related affairs at a workplace can non be treated as confidential, and by raising them with the operations director, the safety representative was clearly executing his statutory maps. It is his responsibility to look into possible jeopardies and unsafe happenings at the workplace and to analyze the causes of accidents at the workplace. [ 21 ] It is besides his responsibility to do representations to the employer on general affairs impacting wellness, safety or public assistance at work of the employee at the workplace. [ 22 ] Travel Express have an duty to work in co-operation with the safety representative. Health and safety jurisprudence requires them to confer with him â€Å"with a position to the devising and care of agreements which will enable him and the employees he represents to co-operate efficaciously in advancing and developing steps to guarantee the wellness and safety at work of the employees, and in look intoing the effectivity of such measures† . [ 23 ] Therefore, to state the safety representative that the affairs were confidential and to warn him non raise them once more shows that the operation director was non prepared to move to forestall similar accidents happening at the workplace in future. The operation manager’s behavior may be held to represent a breach of responsibility imposed by statutory jurisprudence. His behavior may therefore cause Travel Express to confront prosecution as it is an offense to transgress any wellness and safety ordinances. [ 24 ] Besides, a safety representative has employment protection right with respect to his maps. Under the Employment Rights Act 1996, he has the right non to be subjected to any hurt by any act by his employer ( i.e. Travel Express ) on the land that he performed or proposed to execute any map as a safety representative. [ 25 ] Therefore, if the safety representative raises the affairs once more his park license should non be taken off from him otherwise Travel Express may confront the legal effects of go againsting an employee’s employment protection right. Bibliography Butterworths Legal Updater, hypertext transfer protocol: //www.lexisnexis.com/uk/legal/search/ homesubmitForm.do Visited:16/07/2007 Selwyn, N. , M. ( 2006 ) Selwyn’s Employment Law, Oxford: Oxford University Press Wallington, P. ( 2007 ) Butterworths Employment Handbook, London: Butterworths 1

Matilda1 essays

Matilda1 essays The book that I have read is called Matilda. Its about a young girl named Matilda. She is very gifted, her parents dont really care about what she does. Matilda has special powers, she can move things with her eye. Mrs. Trenchbol is the principle of the school she attends. She tortures every kid. Nobody likes Mrs. Trenchbol. Matildas teacher Miss. Honey loves Matilda. Miss. Honey told Matilda how Mrs. Trenchbol is her aunt, and took over her life. Miss. Honeys father died when she was a little girl. Her father left her everything he had own, but Mrs. Trenchbol scared her away. She told Miss. Honey never to return. Mrs. Trenchbol lives in Miss. Honeys house, while Miss. Honey lives in a cottage. Matilda felt very bad for her, she wanted to help Miss. Honey in some way. Matilda knew the only way she could make Mrs. Trenchbol leave, is by using her powers. Matilda crept in Mrs. Trenchbols house with her power she made everything in her house move to different directions. Mrs. Trenchobol was very scared, she didnt know what to do. The next day, when Mrs. Trenchbol got to school. She went to Miss. Honeys call to teach them a lesson. Matilda started to use her powers again, she got a chalk to write Leave My daughter alone! Mrs. Trenchbol just ran out of the classroom to her car and never came back. Miss. Honey was so happy. Matilda knew she did the right thing. Matildas family was going to move out of town. Matilda didnt want to go. Miss. Honey wanted to adopt Matilda. Her parents were okay with it, her parents didnt really care what Matilda ever did, as long as she was happy. Miss. Honey adopted Matilda, and her parents had left town. Miss. Honey loved Matilda very much, they wanted to spend the rest of their lives together. ...

Astro-Hoaxes You Shouldnt Take Seriously

Astro-Hoaxes You Shouldnt Take Seriously Every year we see stories about how Earth is going to be hit by an asteroid, or that Mars will be as big as the full Moon, or a NASA probe has found evidence of life on Mars. In fact, the list of astronomy hoaxes is never-ending. One way to find out whats really happening is to check out the debunking site Snopes. Their writers are usually on top of the latest stories, and not just in weird science. Earth as a Target: Maybe, but Not the Way You Think The recurring story about Earth and an incoming asteroid  usually shows up in the supermarket press, often with a projected date, but few other details. It almost always cites NASA, but doesnt name a scientist who is making the prediction. In addition, the story rarely mentions amateur astronomers and their observations. There are thousands of these people around the world watching the skies, and if an incoming asteroid were to be on a collision course with Earth, theyd see it (unless it was really quite small). It is true that NASA and a world-wide group of both professional and amateur observers are monitoring the space near Earth for any possible Earth-crossing asteroids. Those would be the most likely types of objects to pose a threat to our planet. Announcements of Earth-crossing or Earth-approaching asteroids would show up at the NASA Jet Propulsion Laboratory Near Earth Object Program web page. And  such objects are usually spotted pretty far in advance. The known Potentially Hazardous asteroids have very, very small chances of colliding with Earth in the next 100 years; its less than one tenth of one percent of a chance.  So, the answer to whether or not theres an asteroid homing in on Earth is No. Just no. And, for the record, supermarket tabloids are not scientific journals. Mars Will Be as Big as the Full Moon!   Of all the astronomy hoaxes to circulate on the web, the idea that Mars will look as big as the full Moon on some given date is one of the most inaccurate. The Moon lies 238,000 miles away from us; Mars never gets closer than 36 million miles. Theres no way they can look the same size, not unless Mars wants to get a lot closer to us, and if it did, it would be pretty catastrophic. The hoax began with a poorly worded email announcing that  Mars - as seen through a 75-power telescope - would look as big as the full Moon would look to the naked eye. This was supposed to occur in 2003, when Mars and Earth were closest to each other in their orbits (but still more than 34 million miles apart). Now, the same rumor comes around every year. No matter where we are in our orbits with respect to each other, Mars will look like a small point of light from Earth and the Moon will look big and lovely. NASA Is (Not) Hiding Life on Mars The red planet Mars currently has two working rovers on its surface:  Opportunity and Curiosity. They are sending back images of rocks, mountains, valleys, and craters. Those images are taken during daylight hours under all kinds of lighting conditions. Occasionally an image shows a rock in the shadows. Due to our propensity to see faces in rocks and clouds (a phenomenon called pareidolia), its sometimes easy to see a shadowy rock as a form, a crab, or a statue of a debutante. The infamous Face on Mars turned out to be a rocky bluff with shadows that looked like eyes and a mouth. It was a trick of light and shadow playing across rock outcrops and cliffs. Its like the Old Man of the Mountain in New Hampshire in the United States. It was a rock overhang that, from one angle, looked like an old mans profile. If you looked at it from another direction, it was just a rocky cliff. Now, because it cracked and crashed to the ground, its a pile of rock. There are already some pretty interesting things on Mars that science can tell us about, so theres no need to imagine fantastic creatures where only rocks exist. And, just because Mars scientists debunk the existence of a face or a rock that looks like a crab does not mean theyre hiding life on Mars. If they had found any shred of evidence of living beings on the red planet now (or in the past), it would be huge news. At least, thats what common sense tells us. And common sense is an important factor in doing science as well as exploring the universe.

Ethical decision making in the workplace Essay Example | Topics and Well Written Essays - 1000 words

Ethical decision making in the workplace - Essay Example Restaurants and hotels are frequently accused of many environmental, and health and safety problems including obesity and diabetes. For example, McDonald’s has been accused a number of times in blogs, articles, social media websites, and research studies for having encouraged people to consume high-calorie foods. â€Å"[Globalization] has brought McDonald’s franchises to Mumbai†¦It has thus super-charged the â€Å"nutrition transition,† a term for the obesity-inducing shift from traditional to Western diets that accompanies modernization and wealth† (Harvard University, 2012). The digital media has provided the consumers with an insight into the work procedures and practices in the famous restaurants which raise many concerns among the consumers. For example, the video What are Chicken Nuggets Made of? uploaded on Youtube by TheYoungTurks (2010) is a very depressing video for the nuggets-lovers as it tells how the waste of chicken is combined, process ed, and treated into the mixture that the famous restaurants describe as Chicken meat. Ethical decision making in the hotel and hospitality industry requires commitment of the top management since the decision making authority rests with the top management. Ecological and environmental issues in the hotel and hospitality industry include but are not limited to the management of organic and inorganic waste produced in the restaurants, and improving the nutritional value of foods so as to make them safer and healthier for the customers. Ethical decision making requires restaurants to be very honest about what they are feeding their customers with. â€Å"Its important that parents know that the standards of food are good† (Balls cited in BBC News, 2010). Top management plays the fundamental role in making such information available to the customers since they are the decision-making authority rests with them. Delivering the customers comfort and good experience is

International Human Resourse Management Essay Example | Topics and Well Written Essays - 2250 words

International Human Resourse Management - Essay Example However, in the recent years, the relationship has improved. The mining deals between Congo and China are based on a win-win strategy whereby China assists the country to develop its infrastructure as China gains in terms of raw materials. Despite this, there have been controversies over the deals with some people seeing the deals as only beneficial to China alone. Investment in Congo by China through the state supported CHINALCO has been faced with controversies. The major issue is on the employment and management of human resources. In the recent years, China has grown to be a very ecumenically influential country. The economy of China has developed to one of the highest in the world. Its influence in manufacturing and technology is felt everywhere (Alden, Large, 2008, 67). Chinese products are found in every country. The economic development in China has come with challenges to the Chinese. To sustain the development, a lot of raw materials are required. The manufacturing industry in the country requires a lot of fuel in terms of oil. Unfortunately, China does not have enough raw materials. Thus, China opts to import the raw materials from other countries. Africa has been the best option for importing the raw materials from. Most of the African countries also have resources that have not been exploited. In addition, most of the African countries are underdeveloped, faced with poverty and without capital to develop their natural resources. Due to this situation, most African countries welcome foreign investment from Chinese firms. Chinese foreign investment is aimed at acquiring control over mining industries. The manufacturing industry in China requires a lot of minerals which amount to thousands of tonnes. These minerals are not available in the country and China has to source for minerals from foreign countries. The prices of minerals and other resources in most developed countries are high (Alden, Large, 2008, 78). Most Chinese companies that deal in the mining industry deal with minerals that are required in the manufacturing companies in the country. Thus, most of the foreign investors receive government support to invest in other countries. Most of the Chinese government's support to their foreign investors comes in form of subsidies. The government also invests in infrastructure in the host countries to make the environment for business to be better (BBC, 2008, 1). In addition, the Chinese government makes deals with the host country to make the business environment favourable. The minerals which China has been interested with include: Oil, Cobalt, Cooper, Diamond and other minerals. The success of China in the mining industries of other countries has been contributed to by their different acquisition approaches. The deals between Chinese companies and the host countries allow the Chinese companies to exploit the natural resources while the Chinese government assists in the development of the countries' infrastructures. The growth of the Chinese economy has led to the development of

St. Thomas Aquinas Third Way Modalized :: Aquinas Third Day Philosophy Papers

Aquinas' Third Way Modalized ABSTRACT: The Third Way is the most interesting and insightful of Aquinas' five arguments for the existence of God, even though it is invalid and has some false premises. With the help of a somewhat weak modal logic, however, the Third Way can be transformed into a argument which is certainly valid and plausibly sound. Much of what Aquinas asserted in the Third Way is possibly true even if it is not actually true. Instead of assuming, for example, that things which are contingent fail to exist at some time, we need only assume that contingent things possibly fail to exist at some time. Likewise, we can replace the assumption that if all things fail to exist at some time then there is a time when nothing exists, with the corresponding assumption that if all things possibly fail to exist at some time then possibly there is a time when nothing exists. These and other similar replacements suffice to produce a cogent cosmological argument. Aquinas' Third Way is a cosmological argument for the existence of God which "is taken from possibility and necessity." It is surprising therefore that philosophers of religion have not shown much interest in applying modal logic to its analysis. (1) There are a couple of reasons. First, Aquinas does not always use the words 'possibility' and 'necessity' in the same way that they are used in modal logic. Second, cosmological arguments generally purport to build a bridge between some property of this world and a supreme being, making it unnecessary, it might be thought, to appeal to modalized features of other possible worlds. Modal logic has of course been applied extensively to the analysis of ontological arguments. Ontological arguments purport to build a logical bridge between thought and a supreme being. Most ontological arguments proceed from the assumption that it is possible for God to exist. They then link this assumption with some rather "strong" and controversial principles of modal logic in order to prove that God must exist in all possible worlds, from which it follows that God exists in the real world. (2) It might be possible, however, to prove the existence of God with the use of a weak and noncontroversial system of modal logic if we root the proof with some plausible possibilistic principles about what might be true of the cosmos. The Third Way is not sound per se.

Correctional Operations Essay

Many nations and cultures have come up with official laws to protect their citizens from crimes. Over the years these laws have been in force, to help keep society from becoming anarchy. Different forms of punishments have been used to detour would be criminals. However you will find citizens still tends to break the laws. These days all countries have a justice system and a prison for locking up their threats to society. Many countries do sentence someone to death for an extreme form of punishment. The Babylonian Code of Hammurabi (Encarta, 2007) was the first legal record found in the Middle East. However, the Western nations seem to follow laws started by Ancient Rome (Encarta, 2007). Before long each city had a court and had established their own laws, to protect the citizens. Soon after the Roman Empire established the Law of Twelve Tables, to confirm their society. But most people believe that the earliest form of law can be found in the twelve centuries which is known as the J ustinian Code (Encarta, 2007). For many centuries people have died or been punished for committing theft, rape, or unspeakable crimes. In 1532, the Holy Roman Empire created the Constitio Criminalis to punish criminals. But not every county followed that law, so these countries created their own legal system, where each county would deal with its criminals in their countries, when they needed to. For the most part, punishment was used to punish or deter these would be criminals. Life became more civilized with each passing century, as new punishments were created. Many people felt safer with laws that could protect them. Centuries later the Pennsylvania System was created by the Quakers, Pennsylvania became the center of prison reform worldwide. This happen when William Penn, Penn who had been confined in England for his Quaker beliefs abolished the Duke of York’s several criminal code which was in effect in other parts of British North America, where among other offenses, the penalty of death was applied for murder, denying â€Å"the true God† homosexual acts and kidnapping, severe physical punishments were used for what were  considered lesser crimes. The true root of the Quaker system was to create more humane treatment for criminals, they decided that criminals needed more constructive punishment and a place where they can be alone to repent and turn back to God rather than such cruel punishment. The Quakers believe that criminals could reformed and return to society as a change people. Prisoners were put to work in the prison so that their time could be used wisely. In the 1820s the Auburn System was in full swing, this system was different from the Quakers they believe in complete silence, smaller cells and any economic advantage over the Pennsylvania System. In the long run both of these prison system failed, then came along the Auburn System which modern corrections used their old method of old cells blocks and solitary confinement. Each county began hiring sheriffs and creating legal systems to deal out the punishments. Most people welcome the new laws and sense of safety, yet some refuse to follow them. Some criminals were lightly punished and some were killed, for the crimes they committed. The justice system grew into a major part of society; however, it was not perfect. . But not long many citizens felt that the criminals deserved what punishments they received. More jails were built and more criminals began challenging the new laws that had been established by the courts. Unfortunately, societies were being victimized by the criminals or gangs or criminals. So, many new sheriffs and detective agencies were established to help police the growing neighborhoods. Many people supported the role of the sheriffs and they volunteered to help as deputies. In the old times, criminals were tortured as a form of punishment, by the Roman Empire. Some criminals hang on crosses, killed by torture, and place in dungeons to die. For this reason many began to revolt against the Roman rule and they were punished as criminals too. Soon the Roman Empire fell and many separate societies began growing throughout the world. Before long, the Modern ages began and many prisons were built in the 19th century. Many countries were ruled by the King and Queen of Britain at the turn of the 19th century. Severely changes have happened to the justice system during that time. Which made life much easier for the citizens; criminals were locked away and punished for the crimes that they committed. Each criminal had to be found guilty by the court first, before they could be  punished. Many new laws were created, in order to help the citizen feel safe and keep the peace. However, some citizens still felt that capital punishment was to hash. By the 20th century, the British rule began to fade, as the revolution grew and many fled to the New World. Due to prison overcrowding, many courts systems were looking for ways to deal with criminals. Many courts began giving probation to petty thieves and criminals; besides locking them up. Soon young offenders were removed from the adult court system and dealt with in juvenile court. Then the court began looking for ways, to rehabilitate the juvenile offenders. Many schools and programs were created, in order to stop the troubled youth from becoming adult offenders. Also many adult programs began popping up; with the intentions to help rehabilitate small crime offenders. Some criminals were able to change and become productive part of society (National Archives, 2007). Alexander Maconochie came up with the concept of early release for hard work and good behavior, also parole which was created by Sir Walter Crofton and the Irish system, which we in the United State use today. Om the late 1800s reformatory system was established, some were given education classes, and early release and punishment was not the focus. However, some adults were unable to be rehabilitating by the programs, so eventually more prisons had to be built to house youth and adult offenders that were unable to be rehabilitated. After the justice system realized that punishments were not stopping criminals from committing crimes. Many scientist and doctors began studying the behavior of criminals, especially their childhood. Some scientist has found that many criminals have had troubled childhood, which may lead to their behavior. However, some criminals are raised in a good home; yet they still commit horrible crimes to date no one has come up with a magic pill that can stop these criminals from committing crimes. Many societies have tried to find a way to stop criminals, from creating a justice system to building prisons. However, no matter how history has tried to stop the criminals, they still seem to victimize helpless people. Maybe, with further study and a better understanding of why they commit crimes, future generations can stop them. But, at this point only prisons seem to help those, who have become habitual offenders. Hopefully, one day we can create  a magic pill or a way to stop criminals from hurting others. Until then, we must let the justice system work for us and our society The correction system in the United States have changed many times over the past years, many theories went from retaliation, physical punishment, reforming and back. The population of inmates in the United States and Federal prisons and jails has grown at an unprecedented rate in the past thirty years. Since 2000, the census of prisoners being detained in state and federal prisons has risen 13%. Since 1990, the census has grown 100% the census has grown a staggering 366%. The thirteenth Amendment to the United States Constitution, which was passed by the senate on April 8th, 1864 and approved by the House on January 31st, 1865 and ratified on December 6th, 1865 abolish slavery as a legal institution. The thirteenth Amendment stated.† Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, nor any place subject to their jurisdiction†. Right after the 13th Amendment was passed, the Black Code was created, the Black Code were laws in the United States after the Civil War with the effect of limiting the basic human right and civil liberties of blacks. As newly freed slaves would soon learn, freedom was not as they had anticipated. White southerners were anxious to regain power over them and used the law in order to achieve that objective, the code served as a way to control and inhibit the freedom of ex-slaves. The Code controlled almost all aspect of their lives and prohibited African Americans from the freedoms that had been won. Not only did the whites wanted to control ex-slaves but they need laborers. While things could no longer be exactly the same as in slavery, the whites found a way to guarantee that blacks would serve as their laborers. The whites encompassed some of the antebellum restrictions on free blacks, northern apprenticeship laws, they took their civil and legal rights, from marriage to the right to hold and sell property. Laws were different in each state but most embodied the same kind of restrictions. Commonly, codes compelled freedman to work. But in many states if unemployed, African American faced being arrested and charged with vagrancy. Many of those that did work had their days regulated. Codes dictated their hours of labor, duties and the behavior assigned to them as agricultural workers. Almost every aspect of their lives was regulated, including the freedom to roam; blacks were not permitted to enter towns without permission. In 1866 black codes were suspended by Federal officials who noted that the codes were too harsh and bias they decided that blacks should be subjected to the same penalties and regulations as whites. Along with the black code came the convict leasing system, this was the leasing of prisoners to private companies who would pay the state a fee for the service. Prisoners would work for these companies day after day returning to their cells each night while business profit from free prisoners labors. These black prisoners would survive less than six years; the death rate among these inmates was almost 45% for those in the south. Another way to keep free blacks in slavery was Sharecropping for those man who did not want to go to prison, sharecropping was the only way former slaves could survive . But the high prices and interest rate charged by store and land owners caused these blacks to be in constant debt. Another way blacks were kept was by chain gangs, the crimes was breach of a contract, even today there are some states that still adopt chain gangs like, Florida, Alabama and Arizona. Amnesty International one of the leading humanitarian groups said that the practice of chain gangs is inhumane, to use handcuffs, and chains etc. on prisoners is a violation of the International Covenant on Civil and Political Rights. Today prisoners have another dilemma to deal with privatization of prisons; privatization of prison is not new it has been around for centuries, private corporations are once again owning and operating prisons for profit. A controversial issue which dates back to the days that followed the Emancipation Proclamation, private prisons owners and manage prisoners making thousands of millions of dollars from prisoner’s labor while the prisoners earn nothing. The 13th amendment allows a form of slavery to exist legally, when we look at people who are jailed for nonviolent crimes within the criminal justice system, like the Black Code, Sharecropping and Chain Gangs and then privatizing of prisons the 13th Amendment shape slavery through the penal system. President Lincoln abolished the cruel and unusual punishment, but if we look there is a small part which we may call a clause that states, â€Å"Neither slavery nor involuntary servitude, except as punishment for crimes whereof the party  shall have been duly convicted, shall exist within the United States, nor any place subjected to their jurisdiction†. The Amendment did not specify what crimes, felony, misdemeanor or even a traffic ticket; it just said crime and all of these are crimes. Yet we see many people not convicted of crimes and they are punished, placed in prison, locked up and work for fee. The 13th Amendment has reshaped and defined slavery the moment it was placed on paper. The 10th Amendment of the United States Constitution is a guarantee of state right. The Tenth Amendment is similar to an earlier provision of the Articles of Confederation. â€Å"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. When the 10th Amendment was introduced in congress, James Madison explained that many states were anxious to ratify this amendment, despite critics who deemed the amendment superfluous or unnecessary. The constitution designed the federal government to be a government of limited and enumerated powers. This is saying that the federal government only has power over the things that are specifically given to it in the constitution, all other powers is given to the state. The 10th Amendment noted that â€Å"The powers not delegated to the United States by the Constitution, or by the states are reserved to the states respectively or to the people†. I believe the founding fathers created this Amendment because they did not want the central government which is the federal government to become too powerful and did not want that government to tell them how they should live their lives daily. They wanted to give the local state power to control their own affairs to make laws and rules that their people can live by and not have the federal government total control of their affair. The 10th Amendment when it comes to the Florida criminal justice system and prison is this. Advocate can bring more cases under the 10th Amendment, which will have huge positive implication for freedom so long as the current constitution of the courts holds. â€Å"Federalism secures the freedom of the individual; it allows the state to respond through the enactment of posit ive law. As we see the 10th Amendment have been weakens somewhat by the by congress, you could hardly hear about the 10th Amendment in court cases in the years it was  adopted but not so today you find that a lot of cases using the 10th Amendment for their bases for filing an appeal. There were states that were protected under the 10th Amendment. Which the American Civil was noted was not workable so the 14th Amendment was created to extend the Bill of Rights and made it applicable to both state and federal government. We can see the 10th Amendment no longer holds the power that it once did, but today in Florida law makers is trying to use the 10th Amendment to privatize prisons. The 10th Amendment was written to reassure the state that they would remain largely in charge of their people; the 10th Amendment was always used to prevent federal regulation of everything including taxation. I believe the 8th should control the criminal justice system in Florida. The Amendment states that â€Å" Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. The 8th Amendment to the Constitution established in 1791, have three provisions; The cruel and unusual punishment clause, which restrict the severity of punishments that state and federal government may impose upon someone who have been convicted of a crime. The Excessive Fine Clause limits the amount that state and federal governments may fine a person for a particular crime. Then there is the Excessive Bail Clause which restricts judicial discretion in setting bail for the release of persons accused of a criminal activity during the period following their arrest but preceding their trial. Courts are given wide latitude under the Excessive Fine Clause of the 8th Amendment, fines which is imposed by ta trial court judge or magistrate will not be overturned on appeal unless the judge or magistrate abuse his or her discretion in assessing them. But the trial court judge is given less latitude under the Excessive Bail Clause. If the defendants meets bail or is able to pay the amount set by the court, the defendant is entitled to recover the pledged amount at the conclusion of the criminal proceeding, however, if the defendant fails to appear as scheduled during the prosecution, then he or she forfeits the amount pledge and still faces further criminal penalties if convicted of the offense or offenses charged. Since most of our defendants are indigent excessive fine is handling in a calm manner I believe. To me the most critical part of the 8th Amendment is the cruel and unusual punishment. In the case Furman v. Georgia the Supreme Court found that he death penalty violated the 8th Amendment the court noted  that â€Å"These death penalties are cruel and unusual punishment† today not much state use the death penalty but in our state of Florida the death penalty is still a factor. Recently the state declared a moratorium on lethal injection and a de facto moratorium on the death penalty. Finally I believe our criminal justice has come a long way but there is still work to be done especially with defendants being arrested and being treated as the olden days when slavery was in place. We still find our slavery taking place indirectly especially for black minority’s. We need our elected government leaders to stop playing politics and start working for the people who elected them into office. Judges and lawyers need to stop taking bribes and let the justice system work for the people. We as criminal justice majors must stop looking at the money we may make when we finish school and get our degree. And see how we can put what we have learned into practice to help our fellow neighbors or our community. Our justice system needs people with heart and backbones and I believe we as the leaders of tomorrow can do that. References: http://voices.yahoo.com/roots-history-punishment-512307.html?cat=37 http://plato.stanford.edu/entries/legal-punishment/#1 http://legal-dictionary.thefreedictionary.com/8th+Amendment