Compare and contrast the 4 main sentencing goals (retribution, deterrence, incapacitation, rehabilitation). Discuss the advantages and weaknesses of each goal. Would different sentencing models (indeterminate sentence, determinate sentence, consecutive & concurrent sentences) be appropriate for different crimes? Why or why not? Considering the goals of sentencing, what sentencing model would you attach for violent crimes? Property crimes? Drug crimes? Review the video titled “Defendants’ Rights, Sentencing and Punishment, Capital Punishment found in this module’s Learn section. From a Christian viewpoint, present at least 2 arguments for the preservation of the death penalty and at least 2 arguments for the abolishment of the death penalty.
Our several constitutional amendments that protect offended to right the 8th Amendment provides many defendants the option of being released from jail as they await trial defendants can post bail to ensure their appearance the 8th Amendment protects defendants against excessive bail but this protection only extends to federal cases if states want to eradicate bill altogether they can do so however some states have instituted the right to bail in their own state constitutions the 8th Amendment also pretext defendants against cruel and unusual punishment the Constitution also safeguards individuals against illegal detainment it writ of habeas corpus is a written judicial order that requires that inmates case be reviewed in court to determine if the inmate is being held unconstitutionally this writ was established to keep the government from the detaining and punishing people illegally Hippias corpus cases take place in state and federal courts without juries the objective here is to ensure that people are not being detained for lengthy amounts of time without a trial there are various goals and models of sentencing once a defendant is sentenced their offense may be retribution of whereby the goal is to punish the offender for the crime a 2nd goal might be to deter the offender from committing future crimes the goal of incapacitation aims to lock and offender up so that they can’t actually offend in the future. Rehabilitation However aims at getting the offender to learn specific skills so that they are less likely to re-offend in the future judges are responsible for handing down sentences determinant sentences identify a specific period of time in which the offender must serve indeterminate sentences identify a specific time range that the individual will serve based upon their behavior while incarcerated in some instances the law will set a minimum sentence that must be imposed for a specific crime these are known as statutory minimum instances whereby defendants Arca. Victims of more than one crime they may be handed down consecutive sentences or concurrent sentences consecutive sentences require that one sentence must be served for the entire time before the next sentence begins concurrent sentences permit defendants to serve more than one sentence at once concurrent sentences will have the offender spending less time in prison preventive detention laws address repeat offenders who have been previously convicted of prior crimes have been will offender laws and 3 strikes and you’re out laws are examples of these preventative detention laws capital punishment remains a highly debated topic in corrections and sentencing practices currently the federal government u.s. military and the majority of states have capital punishment statutes in special circumstances like victim torture killing for financial gain except make qualify a defendant being charged with a capital crime interesting really most individuals who are placed on death row will never be executed in Wilkerson versus Utah an 878 the Supreme Court said that it was not cruel and unusual punishment to be killed by firing squad in in regular Kemel or in $890.00 the Supreme Court said it was constitutional to electrocute inmates on death row. It was not actually until the 1970 s. did the Supreme Court rule against any state for the administration of capital punishment in 1972 the Supreme Court got rid of both state and federal capital punishment at that time this decision was in response to firm versus George in 1982 Consequently the sentences of 600 condemned inmates at that time were commuted to life in prison and Greg versus Georgia in 1986 the United States Supreme Court said that states could read draft specific laws to determine how the death penalty would be administered Why why because the Supreme Court never ruled that the death penalty in of itself was on sconce to Szell and firm in versus Georgia in 1902 what was regarded as unconstitutional where the laws that were in place that determine eligibility for capital punishment make less likely versus Kemp $987.00 brought into question the elements of racial discrimination and capital punishment the court of held that partitioner would have to prove that they personally had been subjected to racial discrimination in order to determine whether or not equal protection rights were violated there are many controversies surrounding capital punishment one such controversy is whether or not capital punishment actually serves as an effective deterrent some research finds that capital punishment does not deter crime other research purports that capital punishment specifically the act of execution results in fewer homicides in general capital punishment has been losing favor since the late 1990 s. much of this disdain is attributed to the death penalty being unfairly applied capital punishment data continues to show African-Americans been disproportionately represented on death row Furthermore research finds that individuals of any race who decide to murder a white person are more likely to receive the death penalty than victims of other races there also seems to be disparity in socio economic status. Of capital punishment defendants there are economic class differences with respect to the application of the death penalty as well research finds that if a victim was of higher socioeconomic status the defendant would be more likely to receive a death penalty conviction then if the victim was of a lower socioeconomic background the cost of capital punishment is certainly of concern it is actually more expensive to execute an individual than it is to pay for life imprisonment there are a number of states that are considering abolishing the death penalty in large part for the high costs but also because of the extent of wrongful convictions this brings into question whether or not the death penalty represents morality and justice we will discuss this question further in a moment the victims and their experiences ought to be an important consideration in the criminal justice system the victims serve as witnesses however victims generally feel that they should have the opportunity to play a much more critical role than just serving as witnesses victims do however have the opportunity to provide victim impact statements the victim impact statement is generally included in the pre-sentence investigation report the pre-sentence investigation report is a document that provides background information and history about the victim the p.s.r. can also include the victim’s impact statement victim impact statements are not without controversy victim impact statements allow the judge and the jury to hear about the harms and experiences of the victim Some find that victim impact statements will create unfair treatment towards defendants the constitutionality of victim impact statements were upheld by the United States Supreme Court in 1901 as such victims still have the ability to make statements during the sentencing hearing about their experiences capital punishment is very controversial and scripture emphasizes the God for hidden murder no way a covenant implies that there is a need. Create a jurisdiction of power capable of ensuring that justice is protected in cases of capital punishment the jurisdiction of the state was founded with Noah with the institution of capital punishment no as the head of his family was also a nuclear magistrate in the post do movie and world the state does not need to be a nation but is the jurisdiction within it and smaller groups and scripture the avenger of blood is merely the aggrieved who rightly performs the execution as an agent of the court the state and the land this becomes clear when one notices that Scripture says when he the avenger of blood meets him the murderer to execute him that it means after a trial such as proven from verse numbers 35 verse 12 they the cities of refuge will be places of refuge from the Avenger so that a person accused of murder may not die before he stands trial before the assembly and by verse 30 but no one is to put to death on testimony of only one witness the Bible says in Deuteronomy 906 then Jance by the avenger of the blood before this is rage and he would be guilty of bloodshed. The point then is that the Bible makes provision for capital punishment but only with a fair trial that assumes that racism is not a factor in evidence is gathered and presented in a sound in just a matter the verses discussed above reference 1st Genesis 96 since this provision of capital punishment was found in God’s covenant with Noah we can infer that it is still relevant today because it’s not merely limited to Mosaic Law and code on the other hand the verses we discussed above from the books of numbers in Deuteronomy are certainly part of Mosaic Law but they are useful for giving us guidelines to ensure just process at the same time we do not subscribe to other verses and was a law which speaks to capital punishment for lesser offenses such as the practice of witchcraft because those penalties were specifically limited to Mosaic Law and conclusion assuming this interpretation of scripture is accurate no one should enjoy the idea of capital punishment just like none of us should enjoy the prospect of war sometimes taking the lives of other
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Below Is A Sample From Our Expert Writers On A
Clinical Practice Occurrence Investigation.
Introduction
Throughout this piece,
I will use Gibbs’ (1988) reflective cycle to critically explore and analyze an
incident that occurred within clinical practice that has had an impact on my
learning and development. The use of Gibbs’ cycle will facilitate reflection by
identifying feelings which could have influenced my practice, recognizing
strengths and weaknesses of my performance and exploring what impact this had
within practice.
Reflection is an integral aspect of Nursing as it promotes ongoing professional
development by exploring the impact of personal practice on quality of care
delivery (Kiron et.al., 2017). The focus of this reflection
will be how communication was adapted when caring for a patient with Dementia.
This area of practice has been selected as the focus of this piece as
Handley et.al. (2017) highlight that an ageing population and
reduction in social care services have resulted in a higher prevalence of
patients with Dementia being treated in hospital. It is essential that
practitioners adapt their practice to facilitate effective communication as
this is one of the fundamental principles of delivering high quality care –
particularly for patients with diverse needs (Murphy and Maidens, 2016).
In concordance with the Nursing and Midwifery Council’s (NMC, 2015: The Code),
all of the names of the people involved have been changed and the location of
the placement has been omitted. The patients name has been changed to Margaret
and my mentors name has also been changed to Helen.
Description
I received a handover
at the beginning of my shift and was informed that a new patient was due to be
admitted from the community following a fall with a suspected urinary tract
infection (UTI). Upon arrival, Margaret appeared confused and was not orientated
to space or time. She was verbally angry towards staff who were transferring
her and was visibly distressed. We were informed in the handover that seven
months ago, she had been diagnosed with Alzheimer’s Disease
and that they believed the current presentation of signs and symptoms of
Dementia were being worsened by a untreated UTI. To ensure all staff within the
multi-disciplinary team (MDT) were aware of Margaret’s condition, the
‘Butterfly Scheme’ was implemented whereby a logo was situated at her bed station
to identify that Margaret had Dementia. This is designed to highlight to other
staff that Margaret may need care adapting due to her condition.
Effectively communicating with patients is a fundamental part of the Nurses
role and Fakr-Movahedi et.al. (2016)
highlight that when there are barriers to communication, it is essential that
practitioners adapt and overcome this to ensure quality of care isn’t
diminished. How myself and Helen adapted communication will be one of the main
focus points of this piece as this was instrumental to delivering
person-centered care.
Feelings
Admittedly, I was
somewhat apprehensive when witnessing how disorientated Margaret was when she
was admitted onto the ward. I was aware that staffing on the ward that day had
been reduced due to sickness so was concerned that she would not receive care
in a timely or safe manner as she was visibly distressed upon admission and
would require additional support to meet her individual needs.
However, I was reassured by Helen’s calm approach and felt confident that I
could learn from her experience of nursing patients with Dementia before, as I
was aware she had a specialist interest in this area. I was also determined to
provide person-centered care for Margaret and was eager to learn different ways
of adapting communication to facilitate care delivery and meet her specific
needs.
Evaluation
A strength of this
incident was that throughout Margaret’s stay in hospital, staff were made aware
using the Butterfly Scheme on her name board that she was exhibiting signs of
Dementia and that communication and care may need to be adapted. This improved
awareness and communication between staff and it was visible to see that in
most cases, Margaret’s care was adapted to suit her needs because of this
transparency.
Another strength of this situation was that Helen had a lot of experience and
skills already in adapting care for people with communication difficulties.
This meant that I was learning Nursing skills that were consistent with
evidence-based, best practice guidelines that would enhance care. I was
grateful to have the opportunity to observe how Helen interacted with Margaret
as I recognize that I learn effectively from a vicarious approach –
particularly as Helen was a role model for me within practice.
However, I did notice that at times due to staffing, communication appeared
rushed when on the ward round and this negatively impacted Margaret. Witnessing
the distress this caused her emphasized the importance of adapting
communication more so and also reminded me of the importance of using nonverbal
communication to convey warmth and empathy. When Helen and I communicated with
Margaret, we ensured that our nonverbal cues emulated Egan’s ‘SOLER’ principles
which are designed to convey active listening and open-ness. We found that
using non-verbal cues like maintaining eye contact and touch helped us convey
warmth and care to Margaret which also seemed to soothe and reassure her.
I also noticed that Margaret became particularly distressed when she was asked
questions with medical jargon. Despite alerting all staff on the ward round of
Margaret’s condition, it was disappointing that not everyone adapted their
practice to make Margaret feel more comfortable and settled as the use of
medical terminology clearly exacerbated Margaret’s sense of unease.
Overall, communication was adapted to meet Margaret’s needs the majority of the
time. The use of nonverbal cues when conveying information certainly enhanced
the therapeutic relationship and reduced Margaret’s anxiety whilst staying on
the ward. However, observing others communicating with her, typically on the
ward round highlighted that the use of medical terminology was detrimental to
her care delivery and that this approach caused considerable distress.
Analysis
As a nationwide
initiative, the Butterfly Scheme was implemented in accordance with the NHS
Improvement guidelines for Dementia assessment and improvement framework (2017)
and in this instance was recognized most of the time. Early recognition and
transparency amongst staff aware of the Butterfly Scheme meant that Margaret
was given more time to communicate by people who recognized her as experiencing
Dementia. In these instances, her care dramatically improved and she was more
involved in making decisions about her care and exhibited less anxiety and
stress. However, as not all staff recognized this scheme and didn’t adapt their
communication or practice to suit Margaret’s needs, this highlights the need
for further training with staff and improved communication on the ward. Fetherstonhaugh, Tarzia and Nay
(2013) emphasize that patients with dementia often report feeling excluded from
making decisions about their care which contradicts the vision outlined in the
NHS Constitution (Department of Health and Social Care, 2015) to provide safe
and inclusive care to all patients.
Consistent with
Bandura’s (1977) social learning theory, I identified early on that I learn
most effectively through vicarious reinforcement so it was an incredibly useful
experience to observe how Helen interacted with Margaret in practice. As I also
identify similar personality traits to Helen, I believe this strengthened my
learning as I noticed myself modelling my behavior on her practice that I had
witnessed. This is something I will ensure I remember for future placements as
a student but it is also an aspect of teaching I will be aware of when
mentoring staff in the future as my career progresses.
Using Egan’s (1975) ‘SOLER’ principles proved to be effective when conveying
information to Margaret as it complimented a warm approach that was used by
myself and Helen. Use of therapeutic touch put Margaret at ease and Stonehouse
(2017) highlights that this can be a very useful approach to enhance trust and
rapport in the therapeutic relationship – particularly for patients with
dementia as there sensory perception can be altered.
Macdonald (2016) highlights that use of medical jargon can impede the
therapeutic relationship which was observed in Margaret’s case. It is essential
that patients are involved in making choices about their care to promote
empowerment, dignity and respect (Truglio-Londrigan
and Slyer, 2018). Farrington (2011) states that the use of medical terminology
can intimidate a patient and prevent them from feeling included in care
provision; diminishing empowerment and reducing the quality of their care.
Whilst Helen and I ensured that our terminology was appropriate for Margaret’s
needs, not every member of staff did which caused her considerable distress at
times. Furthermore, as Margaret had dementia, it was essential that
communication was adapted to suit her needs as Ellis and Astell (2017)
emphasize that this will enhance quality of patient care and promote safety and
transparency between staff and patients by ensuring that staff continue to act
within her best interests.
Action Plan
To increase my
understanding of Dementia, I will complete online training to learn more about
the condition and what the best practice guidelines are when caring for someone
with dementia. I think this will benefit my practice by allowing me to become
more aware of how to deliver safe and effective, person-centered care for an
individual with complex needs. To ensure this can be achieved by my next
placement, I will complete the online training within the next four week and
submit the completed certification as proof of Continuing Professional
Development.
To further enhance my Nursing skills when caring for patients with Dementia, I
will shadow a Specialist Alzheimer’s Disease Nurse to learn more about the
condition and how best to adapt care to the individual needs of a patient. I
intend to complete this within three weeks of my next placement as this will
also contribute to my Continuous Assessment of Practice (CAP) document and help
me achieve one of the Specialist Nurse professional learning logs.
Conclusion
Using Gibbs’ (1988)
reflective cycle, I have explored my experience of adapting communication for a
patient admitted onto the ward with Dementia. It has been essential to evaluate
this incident as effective communication is a core principle of the Nurses
role. Furthermore, adapting communication to suit the patients’ needs is an
integral part of compassionate, person-centered care and can enhance the
individuals’ experience of receiving care.
Due to an ageing population, nurses are caring for more people with Dementia on
busy hospital wards. This piece has shown how essential it is that the approach
to care is adapted to the individuals’ need to reduce distress and enhance their
quality of care. Implementation of the butterfly scheme was helpful to a degree
in this particular scenario but I also recognize that not all staff adapted
their practice because of this. This piece has demonstrated the complexity of
delivering care for a person with a communication difficulty and highlights
that provision of care is largely influenced by personal attitudes and beliefs
towards care delivery.
This piece has
illustrated the importance of not using medical jargon when communicating with
patients, particularly those with Dementia as this could exacerbate confusion
and cause distress. It also highlighted how essential non-verbal communication
cues were when conveying information but also when reassuring the patient.
Overall, I feel as though my initial reluctance and apprehension of taking
responsibility for Margaret’s care provision soon diminished with the support
of Helen. I recognise from this experience that I
learn most effectively through vicarious learning and will be sure to replicate
this in future placements and later in my career when I become a mentor to
other staff. Reflecting on this experience has been incredibly valuable
to my learning as I have recognized areas of work that require development as
well as elements of practice I feel more confident in. I believe that this
incident demonstrates that I can practice safely and effectively, whilst
ensuring that the patient remains at the heart of care delivery and that their
care is enhanced through adapting practice to suit their needs.
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