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According to the theory of false claim act liability commonly referred to as “implied false certification

Discussion response

analyn

Part A False Claim Act

Hypothesis: According to the theory of false claim act liability commonly referred to as “implied false certification” when defendant submits claim, it impliedly certifies compliance with all conditions of payment. The implied false certification theory ca be a basis for liability

Federal Civil False Claims Act (FCA) The civil FCA, 31 United States Code (U.S.C.) Sections 3729–3733, protects the Federal Government from being overcharged or sold substandard goods or services. The civil FCA imposes civil liability on any person who knowingly submits, or causes the submission of, a false or fraudulent claim to the Federal Government. The terms “knowing” and “knowingly” mean a person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information related to the claim. No specific intent to defraud is required to violate the civil FCA. Examples: A physician knowingly submits claims to Medicare for medical services not provided or for a higher level of medical services than actually provided. Penalties: Civil penalties for violating the civil FCA may include recovery of up to three times the amount of damages sustained by the Government as a result of the false claims, plus financial penalties per false claim filed. Additionally, under the criminal FCA, 18 U.S.C. Section 287, individuals or entities may face criminal penalties for submitting false, fictitious, or fraudulent claims, including fines, imprisonment, or both

Settlement Based on Electronic Health Records Incentive Program (real-life Case)

 On May 31, 2019, the DOJ announced that Coffey Health System in Kansas agreed to pay $250,000 to settle claims that they violated the False Claims Act.  The Coffey Health System operates a 25-bed critical access hospital located in Burlington, Kansas.  The DOJ alleged that Coffey Health System falsely attested that it conducted and/or reviewed security risk analyses in accordance with the requirement under the electronic health records (EHR) incentive program in 2012 and 2013.  The DOJ specifically alleged that the Coffey Health System (Violation) falsely attested that they satisfied the measures of requirements for analyzing and addressing security risk to electronic health records. 

Compliance to minimize exposure risks

A new fact sheet issued by the Centers for Medicare & Medicaid Services (CMS) explains hospital payment adjustments under the Medicare Electronic Health Record (EHR) Incentive Program.

Eligible hospitals that failed to demonstrate meaningful use of EHRs for calendar year 2016 are subject to a payment adjustment for fiscal year (FY) 2018, which began Oct. 1. Payment adjustments are applied as a reduction to the hospital Inpatient Prospective Payment System (IPPS) percentage increase for FY 2018. Eligible hospitals that failed to attest will see a 75 percent decrease to the FY 2018 IPPS annual payment update.

CMS has contacted hospitals that did not meet meaningful use requirements or file a timely hardship exception and are therefore subject to the penalty in FY 2018. The fact sheet contains additional information on hardship exceptions, which are granted on a case-by-case basis in four categories: infrastructure; new eligible hospitals; unforeseen circumstances; or EHR vendor issues. 

Eligible Hospitals

An eligible hospital demonstrates meaningful use by successfully attesting through either the CMS Medicare EHR Incentive Programs Attestation System (https://ehrincentives.cms.gov/hitech) or through its state’s Medicaid EHR Incentive Program attestation system

Part B Anti- Kickback Statute or stark Law

Hypothesis: Prohibit medical providers from paying or receiving kickbacks, remuneration or anything of value in exchange for referrals of patients who will receive treatment paid for by the government healthcare programs such Medicare and Medicaid.

Under Federal law and federal state laws- The AKS, 42 U.S.C. Section 1320a-7b(b), makes it a crime to knowingly and willfully offer, pay, solicit, or receive any remuneration directly or indirectly to induce or reward patient referrals or the generation of business involving any item or service reimbursable by a Federal health care program, When a provider offers, pays, solicits, or receives unlawful remuneration, the provider violates the AKS, The Physician Self-Referral Law, 42 U.S.C. Section 1395nn, often called the Stark Law, prohibits a physician from referring patients to receive “designated health services” payable by Medicare or Medicaid to an entity with which the physician or a member of the physician’s immediate family has a financial relationship, unless an exception applies.

Financial Arrangements with Emergency Room Physicians

 On April 30, 2019, the DOJ announced that a former CEO of Health Management Associates (HMA) agreed to pay $3.46 million to resolve false billing and kickback allegations.  This settlement resolved allegations that the hospital former CEO caused HMA to knowingly submit false claims to government healthcare programs by admitting patients that could have been treated on a less costly, outpatient basis.  The settlement also resolved allegations that the hospitals CEO caused HMA to pay remuneration to emergency department physicians in return for referrals, This settlement resolves allegations that the former CEO of this hospital chain caused HMA to pressure emergency department physicians to increase inpatient admissions by recommending admission without regard to medical necessity.  The DOJ also alleged that the former hospital chain CEO caused HMA to pay remuneration to EmCare, a physician staffing company, to recommend admission when patients should have been treated on an outpatient basis.   The DOJ also alleged that the former HMA CEO caused HMA to make certain bonus payments to EmCare emergency department physicians and tied EmCare’s retention of existing contracts and receipt of new contracts to increase admissions of patients who came to the emergency department, HMA and EmCare have already resolved their liability to the government related to these allegations.  In September 2018, HMA entered into a civil settlement under which it paid $61.8 million to the government.  HMA also entered into a non-prosecution agreement with the criminal division’s fraud section under which it paid $35 million. 

Violation- False billing, HMA to knowingly submit false claims to government healthcare programs by admitting patients that could have been treated on a less costly, outpatient basis. also violation of physician in return of referrals.

Compliance with Stark Law and Anti-Kickback Policies and Procedures

Policies, procedures, and practices available to help health care organizations remain compliant with both the Stark Law and the AKS. The most overarching way organizations can maintain compliance with these laws is by ensuring their compliance programs are effective and operating as recommended by the Department of Health and Human Services Office of Inspector General (OIG). In the OIG’s Compliance Program Guidance documents¹, there are seven key elements of an effective compliance program including: Implementing written policies, procedures and standards of conduct, Designating a compliance officer and compliance committee, Conducting effective training and education, Developing effective lines of communication, Conducting internal monitoring and auditing, Enforcing standards through well-publicized disciplinary guidelines, Responding promptly to detected offenses and undertaking corrective action, The most notable of these elements as it relates to compliance with the Stark Law and the AKS is implementing written policies, procedures and standards of conduct. By following necessary policies and procedures for these laws, health care organizations can avoid instances of improper referrals and other remuneration fraud or abuse.

Reference:

Medicare Learning Network 2022 Publication: Medicare Fraud and Abuse PDF  https://learn.umgc.edu/content/enforced/686368-027419-01-2225-OL1-6380/Medicare%20Learning%20Network%202022%20Publication%20Medicare%20Fraud%20and%20Abuse%20PDF.pdf?_&d2lSessionVal=HYnTSyliATWgRrpp3Di5tSrR7

Resources. (n.d.). Breazeale, Sachse & Wilson – Attorneys at Law | Baton Rouge & New Orleans, Louisiana Law Firm |. https://www.bswllp.com/false-claim-act-cases-and-settlements-involving-hospital-financial-relationships-with-referring-physicians

CMS releases fact sheet on EHR penalties. (n.d.). America’s Essential Hospitals. https://essentialhospitals.org/policy/cms-releases-fact-sheet-on-ehr-penalties/ 

How to comply with stark law and anti-kickback policies and procedures. (2021, February 2). Strategic Management Services, LLC. https://www.compliance.com/resources/how-to-comply-with-stark-law-and-anti-kickback-policies-and-procedures/

Discussion 5

Health executives have a code of ethics and policy statements that guide their behavior. The American College of Health Care Executives is the most visible Code of Ethics for HCO managers.  Health providers have other professional codes.

Your post this week will answer the question: Does management have a different code than health providers and how can this be resolved? 

Structure of your post.

1. Examine one (specific) portion of the code provided by ACHE.org.

2. Describe one (specific) portion of the code used by a health professional you select.

3. Cite the portion of the ACHE and health professional code but do not quote them. Use your own words.

4. Comment on how the two codes may differ in nature. Compare and contrast.

5. Do you anticipate any circumstances or situations that will require resolution? Will the current pandemic, unequal distribution of health services, or biotech advances that may emerge in the years to come?

6. What will help to resolve a dilemma? 

Assigned reading materials:

· American College of Healthcare Executives (2021). ACHE code of ethics. Retrieved from  https://www.ache.org/about-ache/our-story/our-commitments/ethics/ache-code-of-ethics

· Gaines, K. (2020).Nursing Code of Ethics-Summary  https://nurse.org/education/nursing-code-of-ethics/

· ACHE Website: Using the ACHE’s Code of Ethics Landing Page

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Cultural or religious group (different from yours) that you commonly encounter at the workplace

Start by reading and following these instructions:

1. Quickly skim the questions or assignment below and the assignment rubric to help you focus.

2. Read the textbook’s required chapter(s) and any additional recommended resources. Some answers may require you to do additional research on the Internet or in other reference sources. Choose your sources carefully.

3. Consider the discussion and any insights you gained from it.

4. Create your Assignment submission and be sure to cite your sources, use APA style as required, check your spelling.

Assignment:

For this assignment, the student will create a PowerPoint Presentation on a cultural group.

Pick a cultural or religious group (different from yours) that you commonly encounter at the workplace. You can select a group of Pozgar or a different group. Research the answers to the following…

  1. Title Slide with your name (1 slide)
  2. Health beliefs and practices (1-2 slides)
  3. Family patterns (1 slide)
  4. Communication style (1-2 slides)
  5. Space orientation (1-2 slides)
  6. Time orientation (1-2 slides)
  7. Nutritional Patterns (1-2 slides)
  8. Pain Responses (1-2 slides)
  9. Childbirth and perinatal care (1-2 slides)
  10. Death and Dying (1-3 slides)
  11. Spirituality, religion, and faith (include holy days) (1-2 slides)
  12. Prayer and meditation (1-2 slides)
  13. What knowledge did you gain about this group that you were not aware of? (2-3 slides)
  14. Identify at least two ethical healthcare issues that might arise when caring for this cultural group? (2-3 slides)
  15. Reference slides (1-2 slides)

For this section, insure the information is referenced and cited in your slides. The presentation should start with a title slide and end with reference slides. At least 2 references are required for this assignment. If you include pictures, your pictures should also be referenced and cited.

Assignment Expectations:

  • Length:
  • Structure:
  • References:
  • Format:
  • Filename:
  • Submission:

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What are the kinds of errors that are commonly committed in a business letter?

You need to write dozens of business letters, to your colleagues, clients, consultants, or vendors. Think what would happen if you were to make a critical error in your communication that will eventually affect your firm financially.
Using read articles that describe the business costs resulting from unclear instructions. Based on your research and readings, respond to the following questions:

  • What are the kinds of errors that are commonly committed in a business letter?
  • What could be the results of such errors? Provide at least three examples.
  • How would you avoid such errors in the future? Explain in detail.
  • What would you include in a best practices document for writing a business letter? Explain the dos and don’ts.

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WHY ARE BUSINESS ETHICS COMMONLY VIOLATED IN THE WORK PLACE

WHY ARE BUSINESS ETHICS COMMONLY VIOLATED IN THE WORK PLACE?( MY RESEARCH QUESTION TO BASE THE NON-SCHOLARLY WEB PAGE OFF OF) 

  • Find a non-scholarly web page that relates to your research question (you can use this web page for your annotated bibliography). Keep in mind you are to find a web page and not a website. Review the Websites versus Web Pages handout downloadto be sure you understand the difference between the two.
  • Examine your chosen non-scholarly web page for currency, relevance, authority, accuracy, and purpose.

Reflect iconReflect:

  • Reflect on the elements of the CRAAP test and how each one indicates the credibility and reliability of a source.
  • Consider how your evaluation of each of these elements affects your understanding of the strength of the source.
  • Think about why it is important to evaluate any web page that you plan to rely on for information.

Write iconWrite:

  • Apply the CRAAP test to your source.
    • For each of the CRAAP criteria, start a new paragraph.
    • In each paragraph, state which criterion you are addressing and evaluate the source based on that criterion.
    • Provide specific examples to support your evaluation.
  • Evaluate your source’s overall strength based on the elements of the CRAAP test. Is this source appropriate to use in answering to your research question, why or why not?
  • Explain one thing you have learned from the process of doing this CRAAP test.
  • Provide a properly formatted APA reference to the web page at the end of your initial post.Your initial post must be at least 350 words and address all of the prompt’s elements.
    You must cite and reference any sources that you use in your posts, including your textbook or any other sources of information that you use. Please refer to the Writing Center’s Citing Within Your Paper (Links to an external site.) and Formatting Your References List (Links to an external site.) for help with citing and referencing your sources.

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Mild cognitive impairment (MCI) is commonly reported as memory difficulties in older adults.

PSY1SFP Lab Report Instructions
PSY1SFP Laboratory Report
Advancing the Research Proposal into a Full Lab Report
Due 12 pm yesterday
General Overview
After a researcher has received approval for their research from the ethics committee (and hopefully some money from a funding body), they can go ahead and conduct their study. Sometimes a study cannot be conducted as originally proposed due to modifications requested by the ethics committee or due to restrictions in funding. Thus, a researcher might need to adapt their design slightly and approach the same question in a slightly different way to that originally intended.
This is likely to be the case with the study your group proposed, so while the question will remain the same and the literature you reviewed remains relevant, the methodology employed will be based on the Methods Details provided on LMS for each scenario that utilises a two group design with an experimental group and a control to form the independent variable and a single outcome measure that forms the dependent variable that we will use to judge whether the two groups differ.
For the full write up of the Laboratory Report, we are expecting students to take the literature (and expand on it slightly) they investigated to create the DDP, adapt their aim and hypothesis to fit the methodology provided for each scenario and then write their results and discussion based on the outcome of this analysis. The work previously presented in terms of design may be incorporated into the discussion as part of the future directions paragraph that provides suggestions on where the research can go from here.
The following sections of this document provide detailed advice on each section of the lab report for PSY1SFP. In the table below is a list of resources available on LMS to provide further assistance with this task.
Please note that this document as a whole is not presented in APA format, except for the example notation in the Results section and the scale reference provided in the Methods section (as indicated). Students should refer to the lab report template for formatting details.
Available Resources
Resource
Location
Marking Rubric
Assignment 2 Section – LMS
Lab Report Submission Checklist
Assignment 2 Section – LMS
Methods Details for Scenarios
Tutorial 5 Student notes – LMS
Lab Report Word Template with inbuilt APA formatting
Assignment 2 Section – LMS
Scientific Writing Lecture
1st ITRIP lecture (see also Week 8 Lecture)
Tutorial Notes
Tutorial folder section of LMS
Lab Report Data
Excel Data Entry Template
Assignment 2 Section – LMS
APA Guides
La Trobe APA 7 LibGuide
Owl@Purdue APA Guide Link
In the blue text below I have created an alternative scenario in order to provide examples for writing up certain sections of the report, or points of consideration that a researcher might need to address when writing on this topic. This can be used as a guide for writing about any of the other scenarios to successfully cover key conceptual questions relevant to their topic.
The jury is out on whether brain training makes a difference to individuals who do not have any memory problems, but could they be of assistance in populations where mild cognitive impairment (MCI) is regularly observed? You have been asked by a local community group to help them explore whether there is any evidence that memory skills improve after older adult participants with MCI receive brain training for 6 weeks compared to those who do not. In doing this, you will also help the community group understand the background research in the area so they can decide whether they should apply for funding in order to provide training programs for all of the older adults in their group.
Dataset Details: 30 participants who have received training and 30 who have not.
• Group 1: No memory training
• Group 2: Memory training
• Measure: One Measure (Multifactorial Metamemory Questionnaire—Ability subscale (MMQ – Ability))
Title Page
A sample title page has been provided in the Assignments section of LMS, and is included in the Lab Report Template for you to enter the details specific to your report.
As described in the Scientific Writing Lecture in Week 1, the title page must include:
• A header (that is preceded by the words Running Head: )
• Page number
• A descriptive title that characterizes your study in 12-15 words.
o This would include mention of the construct under investigation, the groups being measured and potentially a hint at the outcome.
o PSY1SFP Lab report is not an acceptable title.
• Your name
• Your campus
• Word Count
Abstract (not included in overall word count)
A 120 word maximum summary of the whole investigation that is actually the last section that should be written, this includes:
• Short introductory sentence to set up context of study.
• Aim and hypothesis
• Method
o Participants, Measure and Procedure
• Results
• Conclusion
Example Abstract based on the example scenario:
Mild cognitive impairment (MCI) is commonly reported as memory difficulties in older adults. The current study aimed to investigate the effect of memory training in older adults with MCI and hypothesized that such training would have a positive effect on memory ability. Thirty participants (Mean Age = 63.75) received six weeks of memory training and 30 (Mean Age = 64.25) control participants who received no training but participated in general social activities for six weeks were assessed using the self-report Multifactorial Metamemory Questionnaire-Ability subscale (MMQ-Ability). Results indicate that participants who received training reported significantly better memory performance than those who did not. This suggests that memory training may assist with minimising MCI in older adults in day-to-day life.
Introduction (approx. 500 words)
The introduction to the lab report can incorporate information presented in the original research proposal, but this must not be provided in dot point form, should be revised in context with feedback from the tutor on the DDP and also with the additional literature that has been sourced to develop understanding of the topic.
The introduction should have the following flow of information for all scenarios:
• Start off very broad, generalizing about the area
Then provide more information about the general research area, linking it to the population we are interested in
Make sure to define any unfamiliar or ambiguous terms as you go along, introduce abbreviated terms that you may be using frequently
• Literature review contains information relevant to the hypotheses
Do not include lengthy descriptions of how researchers did their study – report only important findings
• Try not to start sentences with a reference unless the author is very relevant to the statement at hand.
• Introduction funnels down to the aim and hypothesis
Aim – tells the reader what you are investigating and why
• IMPORTANT:
• Research Proposal is written in FUTURE tense
• Research Report is written in PAST tense
Hypothesis
• Statement of what you expected to find
• How did you expect the groups to differ based on your reading?
• Have a theoretical basis
• Follow logically from the literature review
• Hypotheses – quantifiable measures that can be tested
• Write in essay format using properly structured sentences and paragraphing
No dot points!
• Not a separate section – new paragraph at the end of the introduction
• Do not provide hypotheses in the form of a list
• Make sure to include clear quantifiable measures
Important points for the Introduction based on the example scenario
• What is MCI?
• What age group mostly experiences MCI?
• How can MCI and memory impairments be measured?
• What is memory training?
• What evidence is there for the use of memory training to improve MCI symptoms? Briefly in general, and specifically as applied to older adults.
• What will the current study aim to examine?
o Measuring what kind of sample, using what measure?
• Based on the literature presented above, what will it hypothesise?
Introduction Relevant Marking Capabilities: Inquiry/Research, Critical Thinking, Writing
Methods (approx. 250 words)
Your method section will likely need to be updated to reflect the design provided for each scenario on LMS. Again, this a two group design that will enable us to conduct an Independent Samples t test to test the hypothesis. Your method needs to incorporate the scale relevant to your scenario into the materials and procedure section.
• Again Important:
Lab Report Method is written in PAST tense
• This is the Who? What with? How? Section.
Should allow anyone who reads it to replicate the study.
• Details important information in logical order.
• Follows straight on from Introduction.
Participants
• Who?
• Where from?
• How many?
• Important characteristics?
• Exclusion criteria?
Materials
• Includes everything you used and why.
Not pencils or paper!
• Should be listed in the order used in the study with an explanation as to the purpose
• No Dot Points!
• You will need to describe your scale:
Number of questions
Type of questions
Format of questions
Reliability and Validity information (see Information for Lab Reports Methods Section document).
• Referencing for the scale (edit section in red to be specific to the name of your scale).
In text:
(Your Surname, 2021) or Your Surname (2021) as appropriate
In References section:
Your Surname, Your Initial., (2021). Name of scale [Measurement instrument]. Unpublished scale, Department of Psychology and Public Health, La Trobe University, Melbourne, Australia.
Procedure
• Step by step, how you carried out the study
o Logical order of operation
o Instructions must be sufficient for somebody to be able to reproduce the study
o Any instructions given to participants?
o In what context were the scales administered?
Important points for the Method based on the example scenario:
Participants
• Who? Older adults with mean age of 64 years
• Where from? Recruited from local community organisation
• How many? 30 experimental and 30 control.
• Important characteristics? None detailed
• Exclusion criteria? None detailed
Materials: Self-report Multifactorial Metamemory Questionnaire-Ability subscale (MMQ-Ability). Detail how many items, type of response scale and what a high or low score means. Shown to have good reliability and validity (provide details).
Procedure
Methods Relevant Marking Capabilities: Critical Thinking, Creative Problem Solving, Writing
Results (approx. 150 words)
The PSY1SFP Lab Report Results Section Template in the Assignments folder on LMS and discussed in Tutorial 8 provides a breakdown of the sequence of information that must be presented in this section. From this template you can see that the Results section is not long (potentially 100 – 150 words), but it does provide an important platform for the Discussion section of your report.
The information below provides an example of the results calculations, format of presentation for the t test and interpretation of the results that must be presented after the introductory sentence to the results section, Figure (bar chart with 95% CIs) generated from the excel file and the Figure caption.
image/jpeg
• How to calculate Lower and Upper 95% CI for the Difference Between Means using the data in the scenario above as an example:
o Lower Limit = M1 – M2 – (tCL)(SED)
o Upper Limit = M1 – M2 + (tCL)(SED)
• M1 and M2 = the Means from the excel output above
• Standard Error of Difference Between Means (SED) = 2.1957
o ** This value was supplied in the Tutorial 8 notes for all scenarios.
? Note: Each scenario has a different value so please check
? The final CI values can be calculated within the Lab Report Data template so you don’t have to use this formula (or if you want to check your answer).
• t critical level (tCL) for 95% Confidence Intervals = 2.002 (same for all scenarios)
o Lower 95% CI
? = (42.80 – 48.93) – (2.002)(2.1957)
? = -6.13 – 4.3958
? = -10.5258
o Upper 95% CI
? = (42.80 – 48.93) + (2.002)(2.1957)
? = -6.13 + 4.3958
? = -1.7315
This is a general structure for your Results section….
Opening sentence to detail what kind of analysis was conducted on what kind of sample, groups and measure. Second sentence to introduce the Figure including mention of what type of descriptive statistics are displayed and the groups and measures involved.
Figure Number. Caption must detail type of descriptive statistics are displayed and the groups and measures involved (this is quite similar to the sentence above).
Insert Graph from Excel
Refer to Figure above and describe the patterns in the data. Which group has higher or lower scores? Do not repeat Means here as it is redundant information (i.e. already visible in the graph). State the name of the analysis and what it revealed (i.e. was it significant or not?) DO NOT MENTION ANYTHING ABOUT THE HYPOTHESIS IN THIS SECTION (this will be in the discussion), report the statistical information from the excel graph by substituting in the numbers into the red text here, t(58) = t value, p = p value, d = Cohen’s effect size, 95% CI [Lower limit, Upper Limit].
This is the end of your results section ….
Example description of results based on the example scenario data:
Figure 1 above shows that the no training group obtained lower scores than the training group on the MMQ-Ability scale. Independent samples t test revealed that there was a significant difference in scores between the two groups meaning that memory performance, as measured by the MMQ-Ability scale, was significantly better in the training group for this sample, t(58) = -2.79, p = .007, d = 0.72, 95% CI [-10.53, -1.73].
Results Relevant Marking Capabilities: Critical Thinking, Creative Problem Solving, Quantitative Literacy, Writing
Discussion (approx. 500 words)
The discussion section ties up your interpretation of the study outcomes for the reader. It has five main components that appear in paragraph from (not separate sections) that detail what the study has found, how this fits in with the literature covered in the introduction and also other relevant research that may help explain the results, what kinds of problems the study may have encountered in terms of design and execution, and what could be done next to advance the field. This is all tied up with a concluding paragraph to sum up the investigation.
The components flow as follows:

  1. Restate the research aims and summarize the main findings in the first paragraph
    Do the results support/refute your hypotheses?
  2. Interpret, evaluate, and comment on the important findings in your study
    How does your data compare to what others have already found?
  3. Methodological issues?
    Problems with design (e.g. issues with internal and external validity)
  4. Future directions
    What could you do next?
  5. Conclusion
    Last paragraph is a concluding paragraph that sums up the findings.
    So the discussion will …….
    1) Follow on from Results – not a new page unless it falls on one
    2) Summarise findings and indicate the implications
    3) Discuss limitations of participant selection, data collection method, and the content of your new scale
    So state;
    • What was the hypothesis again and was it supported or not?
    • Does your finding agree with the literature you have reviewed in the introduction?
    • What problems would need to be fixed/considered before you or someone else runs another study in this field?
    • Conclusion
    Discussion Relevant Marking Capabilities: Inquiry/Research, Critical Thinking, Writing
    References
    • This report requires the use of a minimum of 8-10 peer reviewed references (i.e. journal articles) in the full write-up of the investigation. You may use the articles sourced together with your group for the DDP proposal, but you should endeavor to collect additional information to 1) characterize your study in the introduction, and 2) examine the outcomes in context with existing literature in the discussion.
    • It is ok for you to use new references in the discussion that have not been cited in the introduction, particularly if your result was not as you hypothesised and you need to account for the outcome obtained.
    • All references appearing in the References section must be cited in text.
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Death penalty is commonly referred to as the capital punishment which refers to the action taken by the government as sanction to discipline and punish law offenders who have been found guilty of committing crime equitable to death

Death penalty is commonly referred to as the capital punishment which refers to the action taken by the government as sanction to discipline and punish law offenders who have been found guilty of committing crime equitable to death. The government conducts the act in line with the provision of the court of law and order. The execution of the death penalty is termed as death penalty or death punishment. The penalties are normally conducted as punishment. The criminals mostly posted on perpetrators of international and country wars and conflicts and treason activities, regional wars and crimes leading to massive deaths and killings, genocide activities and all sort of crimes against the will and desires of the humanity. In most cases the government executes the death punishment through beheading of the criminals. However, most countries have gone against the death penalty terming it unconstitutional and against the will of the human rights. The European Union has gone further to describe the fundamental rights and termed use and implication of death penalties as violation of human rights. Some countries however still apply the death penalties such as Russia, Armenia and Azerbaijan countries to punish the law offenders and criminals. The U.S judicial system has also manipulated the death penalty to safeguard the human rights. I personally oppose corporal death punishment and I support the abolishment of the inhuman act since it ruins and interferes with the human rights.

The death penalty is an infringement of human rights and ought to in this way be annulled. Different types of disciplines ought to be applied as opposed to death retribution. Most nations practice capital punishment on murder, war, fear monger acts or injustice cases (Acker, 2017). A few nations then again do the death penalty on inappropriate behavior and wrongdoings, for example, assault cases, homosexuality activities, incest and detailed infidelity hand with strict violations. Some likewise lead the punishment on tranquilize dealers and traffickers. China executes capital punishment on genuine defilement cases just as human dealers and traffickers. In any case, casualties of weakness and disobedience offenses in military missions face capital punishment.

The death penalty is probably the best infringement of Human Rights. This torment of life is against the Human Rights Charter. Nobody has the privilege to end a real existence, in any event, as indicated by the scriptural implication of life. The brutal and savage act is against God’s instructions and it ought to be exceptionally censured. Human activists consistently restrict the death penalty. It ought to be canceled as it denies the Human Rights under the International Human reprieve (Garrett, B. L. (2019). An equal move ought to be made however not just passing. Detainment of the influenced unfortunate casualties ought to be directed with an end goal to rebuff the lawbreakers. We can generally show suspects and unfortunate casualties without delivering enduring in them all in all. Regard individual flexibility and ownership of life.

The death penalty results into responsibility of treachery by executing honest people wrongly. Not all cases have the vital and enough proof in this way cases have been accounted for on improper execution of guiltless individuals to confront capital punishment. Imagine a scenario where executions are begun against the initiators and propellers of capital punishment by human activists. In the United States for example, somewhere in the range of 1992 and 2004, thirty nine demise executions were led without full proof (Ulmer.et.al, 2019). The unfortunate casualties were not especially seen as liable rather advantage of uncertainty was utilized to give the decision. Nonetheless, the recently designed DNA tests issue some proof before the last execution has reinstalled trust in the lives of unfortunate casualties. The confirmations from DNA tests have forestalled untimely execution of around fifteen demise cases promptly it was created and demonstrated. As of now, more than one – hundred and fifty nine detainees have gotten away ‘passing barely’ because of no proof by DNA (Stinneford, 2018). Numerous obscure cases are additionally accepted to exist since not generally the exploited people can pay for the DNA or even the obstruction of the outcomes along these lines coming about into an inappropriate execution. Safeguard faculty consistently focus their endeavors on the customers who have their lives spared instead of focusing on expanding odds of endurance of the ‘demise’ respondents. Unseemly executions can be because of inappropriate court methods. For example, the contention about the abuse of the Drugs Act in Singapore by the Amnesty universal expresses that; suppositions were utilized for indictment. There was no reasonable confirmation. There is a widespread assurance of guiltlessness until an injured individual is seen as blameworthy (Franklin , 2016).

According to the case for Rodney Reed regardless of the evidence provided on innocence, it was evident that no matter what criminal action had been undertaken, the judicial systems needed to obey the human rights. The background of the case was where Mr. Reed was punished following the flow of the new evidences provided in the court of law. His execution was expected to be steady and not cruel not to undermine and limit the provisions of the rule of law. Following Reed’s and other prisoners appeal letter through what is commonly referred to as the friend of the court, they appeared before the jurisdiction. Rodney Reed had been the main suspect for the killing of Stacey Stites who was aged 19 years by the year 1996. She had been raped and dumped across the road at Bastrop. After years of investigations and DNA tests, it was evident that the sperms collected inside the body were linked to Mr. Reed.

Capital punishment is a for the most part a discipline directed principally to exploited people from racial and ethnic minorities and other poor monetary foundations than just to all lawbreakers. The blade cuts just the less favored, for instance, passing cases rotating about African Americans are increasingly inclined to confront capital punishments and the dark litigants are bound to confront capital punishment in cases including white exploited people.

Areas have made feelings intended to forbid capital punishments. For example, the sixth Protocol and the thirteenth Protocol intended to abrogate harmony and different conditions individually were laid out under the European Convention on Human rights were intended to forestall capital punishments. Then again the second Protocol offered agree to America and Canada to annul capital punishment (Garrett, B. L., & Kovarsky, L. B. (2018). Different associations in the universal organization have improved the nullification of capital punishment. The EU censures the capital punishments in European nations with the exception of in Russia however capital punishment cases are uncommon since 1996. The convention nullifies any type of capital punishment which has been marked by practically all nations in Europe. As of late, Poland has acknowledged to sign the bargain to abrogate the death penalty.

Some African nations inside the Sub-Saharan district have additionally clung to nullification of capital punishment. In 2009, Burundi canceled all capital punishments regardless of what wrongdoing, Gabon likewise abrogated capital punishment in 2010 and on 2012, and Benin watched the International Covenant on Civil and Political rights by sanctioning the Protocol on capital punishment (Ulmer, J. T., & Hanrath, L. (2019). Practically all nations have expressed a cancelation of this punishment, even the most up to date nation the South Sudan is among the one hundred and eleven individuals from the United Nations association who completely confirm and bolster the expulsion of capital punishment as concurred by the organs General Assembly. The individuals marked duplicates of the adherence bargain to end and forestall any capital punishment regardless of what wrongdoing and offers a counter strategy for managing violations of death.

In conclusion, the death penalty is against humankind and instead some other lighter punishments should be adopted. The enforcements should include imprisonment, forgiving them and issuing them with new advisory roles in the community to act as ambassadors and guidance and counselling personnel to warn and educate others against crime in the society. I would like to propose immediate implementations of the alternatives in the constitutions and rule of laws for various countries especially the ones who still retain capital punishments. All in all, it is against the Human Rights, Amnesty International, and other universal associations to execute capital punishment to any injured individual rather different disciplines ought to be authorized like detainment. It is in this manner pivotal to look out for such allegations consequently non-legislative associations and human activists ought to be on bleeding edge to forestall any infringement. A few nations anyway still apply the capital punishments, for example, Russia, Armenia and Azerbaijan nations to rebuff the law wrongdoers and criminals which is against the United States of America Judicial Systems and the rule of law. I for one contradict corporal demise discipline and I bolster the abolishment of the brutal capital punishment (death penalty) since it ruins and meddles with the human rights.

References

Acker, J. R. (2017). Scrutinizing the death penalty: State death penalty study commissions and their recommendations. In The death penalty today (pp. 45-76). CRC Press.

Garrett, B. L. (2019). Innocence and the global death penalty. In Comparative Capital Punishment. Edward Elgar Publishing. Retrieved from https://doi.org/10.4337/9781786433251.00020 

Garrett, B. L., & Kovarsky, L. B. (2018). The death penalty. Foundation Press.

Schabas, W. A. (2019). International law and the abolition of the death penalty. In Comparative Capital Punishment. Edward Elgar Publishing. Retrieved from https://doi.org/10.4324/9780429027765-1 

Stinneford, J. (2018). Original Meaning and the Death Penalty. University of St. Thomas Journal of Law and Public Policy13(1), 44.

Ulmer, J. T., & Hanrath, L. (2019). Disparities in Death Penalty Prosecution and Punishment: A Review of Recent Research and an Expanded Agenda. In Handbook on Sentencing Policies and Practices in the 21st Century (pp. 254-280). Routledge. Retrieved from https://doi.org/10.4324/9780429027765-13 

Ulmer, J. T., Kramer, J. H., & Zajac, G. (2019). The Race of Defendants and Victims in Pennsylvania Death Penalty Decisions: 2000–2010. Justice Quarterly, 1-29. Retrieved from https://doi.org/10.1080/07418825.2019.1679865