Project

Category: Law

Week

 5 CEA Project

Assignment

 Task: Submit to complete this assignment

 Due May 31 at 11:59 PM

MBA5005 Individual Project

Week 5 Deliverables

This week, you will revise the first part of the paper according to your instructor’s comments. You will add additional articles, laws, cases and summary as outlined below.  You will then combine all information and submit the final paper using the instructions provided.

Revisions

Revise the paper submitted in Week 3.

Literature Review

For Week 5, locate two additional scholarly articles related to your topic. Summarize the articles in your own words and explain how they are related to your topic. Do not use published cases for this section. You must use scholarly articles from the South University Online Library. Legal journals may provide some of the best sources of information.   Westlaw Campus Research is a good option for finding legal information in law journals.  When you combine this section with Week 3, you will have a total of at least four articles.

Laws and Regulations

Research and analyze one additional law or regulation related to the topic you selected. The information may require research of federal and/or state laws, as well as administrative agency laws.  Summarize the information about the law or regulation you found and explain how it applies to your topic.  When you combine this section with Week 3, you will have a minimum of two laws or regulations.  Depending on the topic, you may compare the laws of two states For example, if you are writing about gender discrimination, compare the federal law with law from one of the states that also provides protection at the state level. States often provide more protection than the federal law.

Cases

Research at least two additional published cases (lawsuits) related to the topic you selected.   Summarize the cases in your own words and explain how they are related to your topic.  Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling.  Explain whether you agree or disagree with the court’s decision.  Combine the case from Week 3 with this section for a total of three cases.

Summary/Conclusion

As an ending to your paper, summarize what you have learned. Assess and communicate what you believe the future holds as it relates to your topic.

If applicable, discuss how you might apply what your learned to your personal or professional life.

Add the parts from Week 3 and submit your final paper in accordance with the formatting instructions provided.

Formatting Instructions

Submit a 10 to 14-page paper about the topic selected.

The paper should consist of a cover page, short introduction, explanation of the legal issue, literature review, analysis of related laws or regulations, reviews of cases, summary of information learned and application to your professional life, and a separate reference page.

Use APA format for the paper. Review the APA materials located in the Library Research Guide.

Name your document SU_MBA5005_W5_LastName_FirstInitial.doc

Submission Details:

Support your responses with examples.

Cite any sources in APA format.

Submit the paper to the Submissions Area by the due date assigned.

Week 3 Paper

The effects of incarceration on health

Introduction

The history of the concept of prisons has been utilized incarceration of people and denial of freedom. Penitentiaries were often utilized as a impermanent stopgap prior to the condemning to death or life bondage; however, as time-lapse and advancement take place, the prisons have started transforming into the correctional facilities with the engineering of the concepts of rehabilitation and three formations of the politico prisoners, enemies of government and Prisoners of War. The United States Criminal Justice System and the criminal law are some of the drivers of the well-being inequalities that impact communities’ wellbeing around the nation. As one of the mechanisms utilized in criminal justice, mass incarceration has both direct and unintended impacts on the well-being of personalities and populations. 

The well-being disparities witnessed among the people who have experienced incarceration concerning their own but become even so when one recognizes that marginalized communities are more likely to interact with the United States legal system (Mei, 2019). The United States legal system is characterized by specific populations having a higher probability of being incarcerated and struggle with well-being issues associated with the process. Mass incarceration is a critical determinant of well-being, especially in the United States, which comprises the largest number of people in incarceration centers worldwide. This research aims to determine the various well-being impacts of mass incarceration both to the inmates, the families, and the general community.

Literature review

 The work of (Mark, Katherine, Ava, Monica, and Sandro, 2015) examined whether the resident in the neighborhood where there are high levels of mass imprisonment is related to psychiatric indisposition among the non-incarcerated communal members. The others demonstrated but incarcerations have capacities to exercise collateral damages on the psychological well-being of individual foods with high levels of any cancellations and demonstrated that the detrimental well-being impacts of mass imprisonment go yonder those who are incarcerated. The research on the well-being repercussions of incarceration is deemed to fall into two broad categories. One focuses on the individuals directly involved in the prisons, and the second one on the community’s close friends and family members.

Article summary

The first article considered for the summary has titled the effects of confinement and reentry on Albert’s communal well-being and wellbeing in 2019. The focus of the study was to determine the drivers of mass incarceration and the various well-being impacts related to mass incarceration, including physical and mental wellbeing. The author demonstrates that there are diverse Direct and indirect impacts on the well-being of individual’s families and groups as mass incarceration is argued to be a foremost social determining factor of wellbeing (National Academies Press (U.S.), 2019). The peace concluded that mass incarceration is characterized by huge racial disparities, with the African Americans have a probability of 3.6 times more likely to be incarcerated than the white. The association between deficiency and incarceration was discussed as predictable and quite disturbing as the American prisons are filled with individuals who have been shot out of the economy lacking quality education, and with many more chances of accessing good jobs. The authors suggested that the interventions were made before individuals are imprisoned, during law enforcement, in the preliminary detention. In court, appearances should be utilized to mitigate the adverse well-being effects of mass incarceration.

The second article considered for the summary is titled city of inmates, conquest, rebellion, and rice of human Cajun in Los Angeles Albert by Kelly in 2017. The piece has demonstrated that the United States, in the 20th century, is embarking upon a historically unprecedented and globally and parallel boom in imprisonment. Los Angeles is argued to be incarcerating more people than any other city in the United States, which imprisons a higher number of people than any other nation on the globe. Some of the factors that made Los Angeles the capital city of the world incarceration sentence included the immigrant exclusions and the black’s disappearances (Hernández, 2017). The article summarizes that missing cancellations are used to exacerbate racial disparities and further support discrimination against minority communities, which has multiple adverse well-being repercussions, especially psychological issues on minority communities.

Laws and regulations

The increase in the utilization of imprisonment as a response to criminal activities reflects a clear policy choice. In the 1980s and 1990s, the United States federal legislation the governors and the president signed laws which were intended to guarantee worth most of the criminals convicted would end up being imprisoned and got the prison term for various offenses would be longer than in the earlier periods (Wang & Flores-Lagunes, 2020). In the act of 1994, I know who each entered the state application for a federal grant for prison construction was required to demonstrate that the state was increasing the percentage of convicted offenders sentenced to prison. In 1973, criminal sentences, often referred to as law without order demonstrated that the American sentencing black standards for sentencing decisions and opportunity appeal. The system could not keep its promises in rehabilitative mechanisms as it only ended up with racial disparities.

Cases

In the case of Wolff McDonnell in 1974, it w s held that the prisoners retained rights to some due process while incarcerated. The Supreme Court demonstrated that the due process would call for the prison disciplinary actions and conclusions to revoke the good time credits. The court demonstrated that due process requires that inmates have to be accompanied a chance to ac for witnesses and present evidence and a written statement that offers in-depth information on the offenses committed and the evidence.

In 1974, McDonnell, an inmate at Nebraska penal and a complex disciplinary field, a case complaining against the prison disciplinarians and proceedings, was biased. The inspections of the inbound and the outbound emails were unreasonable, and there was an absence of legal assistance for the inmates. At the time, the prisoners would only get an oral report regarding the nature of charges against them and did not have a chance of cross-examining their cases or even presenting their witnesses (“Wolff v. McDonnell, 418 U.S. 539 (1974),” n.d.). Even though the court denied the arguments that the convicts were entirely denied their privileges, the court concluded that inmates were eligible for an on paper communication of violations, for instance, one day prior to hearings and a written declaration from the board concerning the shreds of substantiation utilized and the causes for the penalizing hearings.

References

Hernández, K. L. (2017). Conclusion upriver in the age of mass incarceration. City of Inmates. Doi: 10.5149/north Carolina/9781469631189.003.0008

Mark, Katherine, Ava, Monica and Sandra. (2015). the collateral damage of mass incarceration: Risk of psychiatric morbidity among Nonincarcerated residents of high-incarceration neighborhoods. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4265900/

Mei, K. S. (2019). Bernice Chauly, incantations / Incarcerations. Southeast Asian Review of English, 56(2), 175-177. doi:10.22452/sare.vol56no2.16

National Academies Press (US). (2019, September 18). Mass incarceration as a public wellbeing issue – The effects of incarceration and reentry on community wellbeing and well-being – NCBI bookshelf. Retrieved from https://www.ncbi.nlm.nih.gov/books/NBK555719/

Wang, X., & Flores-Lagunas, A. (2020). Conscription and military service: Do they result in future violent and non-violent incarcerations and recidivism? Journal of Human Resources, 0418-9449R2. doi:10.3368/jhr.58.1.0418-9449r2

Wolff v. McDonnell, 418 U.S. 539 (1974). (nod). Retrieved from https://supreme.justia.com/cases/federal/us/418/539/

Professors feedback

Overall Feedback

Thanks so much for your efforts in the week 3 assignment which is an individual legal research paper. We provided you with a listing of topics that you could select from all the way from medical marijuana to the investment laws of your state or you could have chosen your own topic if you so wish. As with every paper we require that you properly formatted and properly cite and reference the work. In this paper we need to see and Introduction, background about the topic selected and why it was selected. Also, please know that this is related to the week five submission.  We also require a Literature Review which identifies information that is already known about a research topic.  For this assignment you are required to locate two scholarly articles related to your topic.  We then require that you perform research on the Laws and Regulations and analyze one law or regulation related to the topic you selected and to summarize the information about the law or regulation you found and explain how it applies to your topic.   We also require that you find case law at least one published case (lawsuit) that is related to the topic you selected and to summarize the case in your own words and explain how it is related to your topic.  Provide a summary that includes the name of the case, state or federal court, issue, summary of events and ruling.  Explain whether you agree or disagree with the court’s decision. We would then like to see some type of conclusion or wrap-up statement to your 4 to 6-page paper about this topic. As always APA formatting is required as is full citation and referencing of all the information as well as a separate cover page and a separate page for references.  Overall you have done some excellent work here you have performed all the tasks that were asked of you and provided a great overview of the laws the casework as well as your thoughts on the outcome of these cases. You’ve done some good analysis and provided an excellent overview of the intricacies of this legal issue, but we were seeking a bit more depth to the analysis where you truly look at both sides of the issues before truly settling on a solution or conclusion. So, you did lose a few points on the various sections of the rubrics but overall you have done some great work. The work seems to be well cited in some sections of this paper, but other sections seem to be lacking full citation and references, so you did lose a few points.  APA formatting is used throughout including headers and titles great work there. Overall you have done some good work on this paper please see the rubrics and if you have any questions or would like me to go over this in more depth please let me know.

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