Imagine that you work in a school. A number of people in your department are having a debate as to whether students should be expected to memorize material or not. Memorization has been an accepted practice in education for many years. But some people think students can learn information through methods other than memorizing.
*On the Discussion Board, explain how you would contribute to this debate. Be sure to support your reasoning using information you have read this week. After posting your contribution, please respond to at least two of your classmates’ contributions to the debate. Do you agree or disagree with their position and why?
Now that you have completed your Readings, and talked about learning methods, reflect on the five principles you reviewed. Describe an opening activity for a lesson you might teach and explain how the principles of maintaining on-task behavior apply to your opening activity. As you read your classmates’ posts, give them feedback on the activities they list. Are there some activities you might like to try as well?*
DISCUSSION 2
IMAGINE THIS SCENARIO
In the fall, you will be assigned to a new school. As a result of a massive redistricting and changing demographics, this school is very diverse, including ELL. In addition, the socioeconomic status varies widely with some affluent students and some students who live in poverty. While there are many resources in the school, a large number of the teachers are new or have fewer than 3 years of experience.
For this discussion, find an article in the University library PURDUE GLOBAL . In your post, provide a short summary of the article and use it to answer the following questions:
What steps would you take to ensure that instructional strategies incorporate culture, social class, ethnicity, gender, and language? Explain how these strategies will likely be effective. In what ways can those strategies be built into daily classroom activities? Provide an example. Include personal experiences with teaching diverse students that you have observed in the classroom or from your own school experiences. Compare your experiences with other learners in the course and discuss the implications for classroom instruction of the diversity of learning experiences that emerge from this analysis
CLICK HERE TO MAKE YOUR ORDER on A number of people in your department are having a debate as to whether students should be expected to memorize material or not
1. Review these three mission statements and assess whether they meet the “person on a bus” test.
• To provide book lovers and those they care about with the most inspiring retail and online environments in the world for books and life-enriching products and services.
• X is dedicated to building a world-class national resource enabling Canadians to know their country and themselves through their published heritage, and to providing an effective gateway to national and international sources of information.
• X is an independent campaigning organization that uses nonviolent, creative confrontation to expose global environmental problems and to force the solutions essential to a green and peaceful future.
2. “Employees are our biggest asset.” “Yes, but they can walk out the door any time and all your investment in them will be lost.” Explain why investments in human capital are important. Using the example of a great coach, explain why all is not lost if some of the team members quit.
3. You and your friend decide to open a high-end restaurant specializing in cuisine from your home country. This type of food may appeal to people in the neighbourhood, but you will need to differentiate this restaurant from others, and offer great service, with explanations, customization, etc. Describe the ways in which you would use HRM programs to train the waiters.
4. Some HR professionals are suggesting that employers not “stereotype” generations and treat them differently. Argue the pros and cons of establishing different HR Policies for different generations.
5. Using your school as an example, find one trend in each of the areas (economics, globalization, political/legislative, technology, demographic and social/cultural) that will impact enrollment in your school.
6. Employees spend an average of 43 minutes a day at work on personal mobile devices. A company in the United States implanted a micro chip in employees (who had volunteered to have this done) to prove the identity of the user and increase security and privacy. What policies should the HR department develop in anticipation of the continuing use of technology?
instructions:
There is total 6 questions in assignment and each question should be written in 100 words.
Imagine that your school is deciding whether to offer single-gender classes to students. For your initial response, write a letter (including research) to your fellow teachers explaining your stance on the issue. Indicate which gender you would want to teach and why. Post your letter to the Discussion Board.
Finally, review the responses from at least two peers’ postings and respond to the following:
Playing devil’s advocate, convince those classmates that disagree with you to switch to your side of the issue. In addition, feel free to respond to those who have agreed with your initial response. You can also change your mind based on your classmates’ arguments.
Part 2 Download and use the MAT Classroom Management Strategies Workbook to complete the following:
After you read the MAT Classroom Management Strategies Workbook, define classroom management.
Identify and explain one culturally responsive classroom management strategy. Now, take what you have learned through the readings, and read the case study of Warren Benson’s classroom from Chapter 12 in your textbook and respond to the following questions:
What evidence of possible cultural conflict do you find in this classroom? How do you think these students experienced cultural conflict in their previous schooling? What advice would you give to Mr. Benson to help improve the behavior of his students?
Discuss whether you are currently using virtualization or cloud computing in your professional job or for personal use. Describe what virtual software or cloud services you are using and how you are using them. If you are not currently using these, then based on what have learned in this module discuss whether you think either technology is beneficial. Discuss how you might be able to use them the future.
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Financial Planning Exercise 2 Lease versus purchase car decision
Use Worksheet 5.1. Ben Halls is trying to decide whether to lease or purchase a new car costing $21,000. If he leases, he’ll have to pay a $600 security deposit and monthly payments of $399 over the 36-month term of the closed-end lease. On the other hand, if he buys the car, then he’ll have to make a $2,900 down payment and will finance the balance with a 36-month loan requiring monthly payments of $597.55; he’ll also have to pay a 7% sales tax ($1,470) on the purchase price, and he expects the car to have a residual value of $5,300 at the end of three years. Ben can earn 4 percent interest on his savings. Use the automobile lease versus purchase analysis form in Worksheet 5.1 to find the total cost of both the lease and the purchase, and then recommend the best strategy for Ben. For the purchase interest rate, use interest rate earned on savings of 4% (Item 6 on Worksheet) and interest rate on monthly loan payment of 11.58% (Item 14 on Worksheet)
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The US courts are reviewing a case to see whether a work has been reused fairly. What is an example of something they might consider when trying to decide whether the use was fair? (Site 1)
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Summarize the Applebaum article. Based on ethical theories we have considered this semester, state whether there is factual evidence in the author(s)’ claims about mental health treatment or not.
Articulate one thing you learned about the history of institutionalization you were not aware of before this week’s lesson. Why is that important ethically?
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Summarize the Applebaum article. Based on ethical theories we have considered this semester, state whether there is factual evidence in the author(s)’ claims about mental health treatment or not.
Articulate one thing you learned about the history of institutionalization you were not aware of before this week’s lesson. Why is that important ethically?
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PSYCHIATRIC SERVICES ♦http://ps.psychiatryonline.org ♦July 2004 Vol. 55 No. 7 7 75 51 1 A dvance directives have been one of the more promising innova- tions in recent years to give patients a greater voice in their psychiatric treatment (1). Completed when pa- tients are competent, advance direc- tives allow patients to appoint proxy decision makers and to make choices about particular treatments, all to take effect should patients later be- come incompetent to make decisions for themselves. Advance directives have been hailed as a way of encour- aging patients and treaters to discuss future contingencies and to negotiate mutually acceptable approaches to care (2,3). All states have statutes that govern the use of advance directives, which can be applied to general med- ical and psychiatric care, and many states now have special provisions for advance directives for psychiatric care per se.
However, mental health profes- sionals have always been concerned that advance directives could also be used in a less collaborative way. One of the earliest proponents of advance directives, Thomas Szasz—a fierce critic of psychiatric diagnosis and treatment—suggested that people with mental disorders use advance di- rectives to preclude future treatment, especially treatment with medica- tions (4). As Szasz saw it, if advance directives represented the unalter- able choices of competent patients, there would be no way to override the preferences embodied in the direc- tives. This suggestion raised theprospect of a class of patients who would be permanently untreatable, even if they later became psychotic and were hospitalized involuntarily.
Now, in the wake of a decision by the U.S. Court of Appeals for the Second Circuit, that prospect seems closer to materializing.
The case, Hargrave v. Vermont, grew out of a complaint filed in 1999 on behalf of Nancy Hargrave, a woman with a history of paranoid schizophrenia and multiple admis- sions to the Vermont State Hospital (5). Hargrave had completed an ad- vance directive—known in Vermont as a “durable power of attorney for health care,” or DPOA—in which she designated a substitute decision mak- er in case she lost competence and in which she refused “any and all anti- psychotic, neuroleptic, psychotropic, or psychoactive medications.” The major national law firm that repre- sented Hargrave immediately filed suit to block the state of Vermont from overriding her advance directive should she ever again be involuntarily committed and obtained certification to represent the entire class of pa- tients in similar situations.
Hargrave’s target was Act 114, a 1998 Vermont statute that attempted to address the dilemma inherent in psychiatric advance directives. Al- though advance directives were in- tended to facilitate patients’ partici- pation in treatment decisions, they have, as noted, the potential to pre- vent all treatment, even of patients who are ill enough to qualify for civil commitment under the prevailing dangerousness standards. To mitigate this prospect, the Vermont legislature allowed hospital (or prison) staff to petition a court for permission to treat an incompetent involuntarily committed patient, notwithstanding an advance directive to the contrary.
Before the court could authorize non- consensual administration of medica- tion, it had to allow the terms of the patient’s advance directive to be im- plemented for 45 days. So a patient like Hargrave, who had declined all medications, would be permitted to go unmedicated for a 45-day period, after which the court could supercede the patient’s refusal of treatment.
The core of Hargrave’s challenge to the statute was based on Title II of the Americans With Disabilities Act (ADA), which requires that “no qual- ified individual with a disability shall, by reason of such disability, be ex- cluded from participation in or be de- nied the benefits of the services, pro- grams, or activities of a public entity, or be subjected to discrimination by any such entity” (6). Hargrave claimed that she and other members of her class were being discriminated against on the basis of mental disor- der, given that only committed per- sons with mental illness could have their advance directives overridden under Act 114. And the public “serv- ices, programs, or activities” from which she was being excluded was the state’s durable power of attorney for health care itself.
In response, the state of Vermont offered three arguments. First, be- cause Hargrave had been involuntari- ly committed, Vermont claimed that she qualified under an exclusion to the ADA for persons who pose a “di- rect threat.” Next, the state contend- ed that the plaintiff was not being dis- criminated against on the basis of dis- ability, because anyone who complet- ed an advance directive was suscepti- ble to having his or her choices su- perceded (the state has an alterna- tive override mechanism that in- volves judicial appointment of a Psychiatric Advance Directives and the Treatment of Committed Patients P Pa au ul l S S.
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Dr. Appelbaum, who is editor of this col- umn, is A. F. Zeleznik distinguished pro- fessor and chair in the department of psy- chiatry at the University of Massachusetts Medical School, 55 Lake Avenue North, Worcester, Massachusetts 01655 (e-mail, appelbap@ummhc.org).
L La aw w & & P Ps sy yc ch hi ia at tr ry y guardian), and in any event, it was the status of being civilly committed, not being mentally ill, that was the point of distinction here. Finally, Vermont looked to a federal regula- tory provision that allows a public entity to continue existing practices, despite an ADA challenge, if the change being called for would “fun- damentally alter the nature of the service, program, or activity” (7).
The Second Circuit, like the U.S.
District Court that had originally heard the case, failed to find any of these contentions persuasive. With regard to the claim that Hargrave and other involuntarily committed pa- tients constitute a direct threat, the three-judge panel noted that not all committed patients would be a threat to others, as required under the ADA, because many were hospital- ized for danger to self. Even persons who were found to be dangerous to others at the time of commitment, the court held, could not be pre- sumed still to be dangerous when override of their advance directives was sought. The court was similarly unpersuaded that some condition other than mental illness was the ba- sis for the differential treatment, giv- en that Act 114 applied only to per- sons with mental illness. And allow- ing advance directives to stand as written, the court decided, even when patients were committed, does not fundamentally alter the advance directive statute (although it might affect the provision of psychiatric treatment to involuntary patients), which the court held was the proper point of reference. Hence the court concluded that Act 114 violated the ADA and enjoined its enforcement.
Hargrave,then, stands for the proposition that the state, having es- tablished a statutory basis for medical advance directives, cannot exclude in- voluntarily committed psychiatric pa- tients from its coverage. Although the Second Circuit’s opinion applies di- rectly only to Vermont and New York, it is an influential court, and its opin- ion may well be echoed in other cir- cuits around the country. Advance di- rectives may now constitute an iron- clad bulwark against future involun- tary treatment with medication—ex- cept in emergencies—even for in-competent, committed patients and even when the alternative is long- term institutional care.
In many respects, Hargraverepre- sents a continuation of the battle over the right of psychiatric patients to re- fuse treatment that began in the 1970s.
Indeed, the list of amici who filed briefs in support of Hargravereflected the coalitions that were formed to push for a right to refuse treatment 30 years ago. But that battle ended ambiguous- ly. Although some states were com- pelled by the courts to permit even committed patients to refuse medica- tion unless they were found incompe- tent by a judge, other states still allow the treating physician—sometimes af- ter a second opinion has been ob- tained—or a panel of clinicians to over- ride refusal on clinical grounds (8).
Even in states that require findings of incompetence and substituted judg- ment as to whether the patient, if com- petent, would have accepted the treat- ment, the vast majority (typically more than 90 percent) of cases that are adju- dicated end with the court authorizing involuntary treatment with medication.
The sense of many experienced ob- servers is that when patients are psy- chotic and treatment seems clearly in- dicated, the courts find a way to justify administration of medication, some- times despite the legal criteria (8).
If adopted more widely, however, Hargravewould appear to provide a tool whereby patients who are deter- mined to avoid treatment with med- ications would be able (except in emergencies) to completely preclude such treatment. A reviewing court would be bound to honor the terms of the now-incompetent patient’s ad- vance directive and order that treat- ment be withheld. Judges or quasi-ju- dicial decision makers would no longer have the discretion to apply “common-sense” criteria—for exam- ple, that patients with flagrant psy- chosis should be treated if possible— to mandate medication. Today, few severely ill committed patients avoid treatment with medications, regard- less of the legal standard in their ju- risdiction. Hargravecould change that. If large numbers of patients were to complete advance directives such as Nancy Hargrave’s, declining all medication, hospitals might wellbegin to fill with patients whom they could neither treat nor discharge.
Are there legal mechanisms that could avoid this outcome without run- ning afoul of the ADA? In the Har- gravecase, the court itself noted that nothing in this decision precludes statutory revisions that do not single out persons who are disabled because of mental illness—for example, revi- sions that increase the competency threshold for executing a DPOA or that allow the override of the DPOA of any incompetent person whenever compliance with the DPOA would substantially burden the interests of the state. However, it is doubtful that raising the competence threshold would have much impact, and the court’s suggestion regarding “interests of the state” that might warrant over- riding any person’s advance directive is, frankly, enigmatic.
But perhaps a clever legislator can find an opening here to blunt the im- pact of the decision. And there is no guarantee that other circuits, or even ultimately the U.S. Supreme Court, would necessarily agree with the Sec- ond Circuit’s analysis. Of course, were the level of concern sufficient, it would always be possible for Con- gress to amend the ADA to exclude the class of persons at issue. Con- gress, though, is typically reluctant to tinker with major legislation, and the disability rights community would likely oppose firmly any amendment of the ADA.
Because the ultimate scope and im- pact of Hargravemay not be known until a decade from now, it is worth- while to consider the possible effect of the decision on the use of advance directives for psychiatric treatment.
Current research suggests that most patients who complete advance direc- tives do not use these directives to de- cline all treatment with medication but rather to indicate preferences among alternative treatments or to in- form future treaters of particular con- cerns—for example, the care of their pets while they are hospitalized. Al- though Hargravemay stoke some en- thusiasm for advance directives among patients who are opposed to receiving any medication, it remains PSYCHIATRIC SERVICES ♦http://ps.psychiatryonline.org ♦July 2004 Vol. 55 No. 7 7 75 52 2 Continues on page 763 PSYCHIATRIC SERVICES ♦http://ps.psychiatryonline.org ♦July 2004 Vol. 55 No. 7 7 76 63 3 LAW & PSYCHIATRY Continued from page 752 to be seen how common the phenom- enon will become. Studies now under way will tell us more about the utility of advance directives in psychiatry— for example, whether, given the cur- rent state of the mental health sys- tem, advance directives actually have an impact on subsequent care (9). At a minimum, however, it seems likely that Hargrave,as it becomes more widely known, will chill enthusiasm for psychiatric advance directives among many clinicians. Because clini- cians’ suggestions that patients con- sider completing advance directives probably play an important role in en- couraging the completion of such di- rectives (10), Hargrave’s legacy may be to inhibit the use of this once- promising tool. ♦ References 1. Appelbaum PS: Advance directives for psy- chiatric treatment. Hospital and Communi- ty Psychiatry 42:983–984, 1991 2. Srebnik DS, LaFond J: Advance directives for mental health treatment. Psychiatric Services 50:919–925, 1999 3. Swanson JW, Tepper MC, Backlar P, et al:
Psychiatric advance directives: an alterna- tive to coercive treatment? Psychiatry 63:160–177, 2000 4. Szasz T: The psychiatric will: a new mecha- nism for protecting persons against “psy- chosis” and psychiatry. American Psycholo- gist 37:762–770, 1982 5. Hargrave v Vermont, 340 F. 3d 27 (2nd Cir 2003) 6. Americans With Disabilities Act, United States Code, Title 42, Section 12132 7. Code of Federal Regulations, Title 28, Sec- tion 35.130 (b)(7) 8. Appelbaum PS: Almost a Revolution: Men- tal Health Law and the Limits of Change.
New York, Oxford University Press, 1994 9. Papageorgiou A, King M, Janmohamed A, et al: Advance directives for patients com- pulsorily admitted to hospital with serious mental illness: randomised controlled trial.
British Journal of Psychiatry 181:513–519, 2002 10. Srebnik DS, Russo J, Sage J, et al: Interest in psychiatric advance directives among high users of crisis services and hospitaliza- tion. Psychiatric Services 54:981–986, 2003
Write an essay of 1,250-1,500 words in which you describe the procedural steps in a criminal trial. Address the following:
How does one determine whether or not they have standing to appear in criminal court? Once standing is confirmed, how does the court administer pre-trial management procedures such as notice, right to counsel, and whether to terminate the proceedings? Why are these procedures required for the administration of Justice? (comp. 4.1) Explain what happens during each step of a trial, including the purpose each step serves. These steps should include, at a minimum, the following: opening statements, direct examination, cross-examination, jury instructions, jury deliberations, rendering a verdict, and sentencing. Analyze and discuss what possible appellate procedures are in place for a criminal defendant. Explain when an appeal may be a viable option, and when it may not. Use the GCU Library to locate four to six relevant, scholarly sources in support of your content.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
The criminal trial process often follows certain basic procedural steps though this may vary from one jurisdiction to the other. However, Scheb and Scheb (2012) points out that in all the jurisdictions, the law enforcement agencies make the arrests and interrogate the suspects in custody, make searches and seizures. The authors point out that all the actions of law enforcement are governed by the procedural law. In all the jurisdictions, the criminal suspects undergo certain procedures to be notified about the charges they are facing and be accorded a chance to answer to them in a court of law.
Standing to Appear in Criminal Court
The first stage in a criminal procedure is the pre-trial complaint investigation. According to Mayen (2014) the during the pre-trial complaint investigation, the civil plaintiff or a prosecutor investigates before filing a complaint. Once the investigation has established all the facts regarding the complaint, a formal complaint is made against the offender. Once the complaint is filed, the offender may institute a motion to dismiss the complaint. The criminal defender faces detention once the complaint has been made. However, the defendant must not be held for more than 48 hours and should be arraigned before the magistrate (Carp et al., 2014). It is during the arraignment that the defendant gets to know whether they have standing before the trial court.
The arraignment of a defendant before a magistrate is the preliminary hearing process. According to Del Carmen (2007), the preliminary trial process has great resemblance with the trial process. However, the sitting magistrate may not be the judge during the trial process. The main purpose of the preliminary trial process is to inform the defendant regarding the crimes and on finding the probable cause can set the case to full trial. The defence gets to know the kind of evidence the prosecution has and the strength of the case in which the defendant faces. The defence may choose to present the evidence or decide not to present it at all.
Pre-Trial Management Procedures
The conformation of standing to appear in a criminal court paves way for the administration of the pre-trial management procedures. The indictment is followed by the pre-trial conference, which can be one or more depending on the court’s motion or that of a party (Saltzburg & Schlueter, 2015). During the pre-trial conference, several procedures such as notices, right to the counsel, and decisions on whether to terminate proceedings are discussed. Although the defendant is not required to be present during the pre-trial conference, they can be represented by the defence. The pre-trial conferences set the schedule and motion deadlines, the pre-trial hearings and the trial. It is during this trial process that an estimate of the trial duration is determined and the likelihood of resolution without trial by a plea of guilty is determined.
The pre-trial conference procedures are critical in the administration of justice. According to Saltzburg and Schlueter (2015), pre-trial conferences can serve many roles that are critical in the trial process. The pre-trial conference can expedite the disposition of the case ensuring justice is delivered promptly to the complainant and the accused. It also allows the court to create and establish managerial control over the case. It improves the quality of hearing, discourages wasteful activities, and facilitates speedy settlement of a case.
From your research, discuss whether or not your organization has ISO 27001 certification. Outside of overall protection from cyber-attacks, describe, in detail, some other benefits your organization will achieve in obtaining this certification. If your company does not have this certification, how can they go about obtaining it?
Present your discussion post as if you were presenting to senior leaders of your company.
Please make your initial post and two response posts substantive.
At least one scholarly source should be used in the initial discussion thread. Be sure to use information from your readings and other sources from the UC Library. Use proper citations and references in your post.
