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#rehabilitation vs deterrence
kyndaris · 7 months
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Heal the World
Despite being nominated for several categories at the 2023 The Game Awards, Spider-Man 2 did not manage to win any of the prestigious trophies. A fact that has been both lambasted and poked fun of on the internet. But when you consider the sheer quantity, as well as the quality, of games that came out, the fact Spider-Man 2 was even nominated is proof of its greatness. Especially when it was going up against heavy-weights Baldur's Gate 3, Alan Wake 2, Final Fantasy XVI, Legend of Zelda: Tears of the Kingdom and Super Mario Bros: Wonder.
2023, it should be noted, was a game of big releases.
Following on from several strategy role-playing games I was stuck playing, it was only in the latter half of the year I was able to play catch-up on many of the triple-A titles. Even now, though, I have yet to tackle Final Fantasy XVI, Legend of Zelda: Tears of the Kingdom, Baldur's Gate 3 and Alan Wake 2.
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To be fair, I've bought all the titles. They are, unfortunately, just sitting around waiting for me to devote the necessary time to make the adventure worthwhile.
Once I do, of course, be sure to see posts pop up throughout the year. Even as I try to balance work, my writing hobbies, the books I read, shows I watch (at time of writing, I've gotten into Blue Eye Samurai), and whatever travel I also have planned. In fact, I should hopefully be publishing the sequel to Wild Child soon. After pounding out the chapters during a period where everything has gone back to normal, taking the time out to write a full-length novel is very time-consuming. Not to mention the editing I'm doing (which would probably be better if I had an actual editor and at least one beta reader) to polish up a few things.
In any case, the story of my journey with Spider-Man 2 began not when I popped the disc into my PlayStation 5. Nay, the story begins with the day I purchased the game at a store in the heart of Sydney CBD. I was catching up with a high school friend and had just seen a Facebook post about an exhibit in Barangaroo. After dinner, off we trotted - after much convincing on my part that a walk down to Barangaroo would be for the best - to take in the flipped truck suspended by spider webs and New York policemen milling about telling everyone within earshot that, "There was nothing to see here." The trip, capped off with a photo of the truck, was made memorable when I muttered under my breath how the hired actors were pretending to be NPCs. Only, of course, to be remonstrated by my friend for saying such a thing.
And honestly, it it is true that I shouldn't be calling the people I see only in passing as NPCs. After all, in their own mind, they're the main character and I'm the NPC lurking in the background of their story. Which only serves to drive home the disconnection we have with the people around us or who might share the daily commute with us.
Still, what a thing to say to dismiss another person.
I'm reminded of a scene in the book Tomorrow and Tomorrow and Tomorrow by Gabrielle Zevin, which my workplace bookclub read, where Sam called his best friend, Max, an NPC right to his face. I know Max didn't take it to heart but what a cruel and heartless thing to say to someone who has supported you throughout your game developing journey and is then ruthlessly gunned down on the pretense he was you by angry gamers.
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Anyways, back to Spider-Man 2. The game follows on from Spider-Man and Spider-Man: Miles Morales. Ten months on from the last game, we see Peter Parker and Miles Morales working together to keep New York safe. And though the Avengers seem to exist in the world - what with Avenger Tower jutting up above the New York skyline - we never see these other superheroes once during the struggles Peter and Miles face. Nor do we see cameos from the likes of Daredevil, Jessica Jones, Iron Fist or Luke Cage.
Which is such a shame.
But it also highlights the problem of having so many comic-book superheroes call New York home.
Spider-Man 2 starts with Peter taking on a job as a physics teacher at Brooklyn Visions, the school Miles attends. As he's teaching them about surface tension, Sandman attacks. Torn between his responsibilities as civilian Peter and that of Spider-Man, Peter joins up with Miles to take down Flint Marko in an epic showdown that saves the city. Unfortunately, due to dereliction of duty as a teacher, Peter is fired. A side-effect of being a superhero who keeps his identity hidden (although given how often his friends have since said his name during the game, I'm surprised it's still a secret).
From there, the game introduces us to Kraven, a man who seeks his death in glorious combat with a mighty opponent. As such, he captures Mister Negative and Scorpion while the two were being transported from the Raft. He even administers a high dose of Lizard serum into Dr Curt Connors to face up against a worthwhile opponent.
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It is only when Peter acquires the symbiote that excitement enters Kraven's eyes. In the latter chapters, he fights against Peter and demands that our erstwhile hero stop holding back even showing off a battered Miles. Before Peter can kill him, Miles intervenes and Peter is then freed from the symbiote's control.
Of course, Spider-Man 2 is not content to have Kraven as the big bad for this game. Oh no.
As many know, once you've introduced the symbiote, you've also introduced Venom. But instead of Eddie Brock taking on the mantle of our favourite anti-hero, it is instead Harry Osborn.
Though Harry was only mentioned briefly in the first game, in Spider-Man 2, Harry returns from a long sabbatical in Europe and supposedly cured from his terminal illness. Harry is introduced early, hiring Peter to work at his environmental technology startup called the Emily-May foundation where the pair can pursue their childhood dream of "healing the world." Unfortunately, during the events of Spider-Man 2, with Peter taking on the symbiote, Harry's health - both physical and mental - deteriorates. Desperate to return to a semblance of normality, Harry reclaims the symbiote and is then transformed into the Venom we all know and love.
He is later stopped by the combined efforts of Miles, Peter and MJ. The final battle leaves Harry comatose and our heroes shattered once again by the sacrifices they had to make in order to save the city they call home.
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What I liked most about Spider-Man 2, however, as a criminology major in university, was its focus on rehabilitation. Many of the supervillains that Spider-Man fans have come to know and love have been reformed in some way or another. Be that Tombstone to Mysterio. Many of these villains have chosen to turn over a new leaf and assimilate back into society. The most tragic and most human is the story of Sandman. Threatened by Kraven's hunters, fearing for his daughter and not being heard by those in power, he resorts to the only thing he knows in order to garner attention: attacking the city.
It is a tale as old as time.
And helps support the tenets of strain theory in crime sociology.
Of course, there are a myriad reasons why people turn to crime.
But these glimpses are so important to understand the complexities of why someone might resort to doing something illegal. And it's a far better exploration of redemption than what Spider-Man: No Way Home attempted. As I've stated before, change takes time. While No Way Home plucked our villains during their final showdown with the various Spider-Man across the multiverse, Spider-Man 2 shows the results of Mysterio and Sandman having served their time and seeking to mend their ways.
This all culminates in the interactions with Mister Negative and Miles Morales. And while Miles cannot bring himself to forgive what Mister Negative did, he is able to move past the anger.
The other message in Spider-Man 2, of course, is that some burdens cannot be taken on alone. The tagline for the game is: 'Be Greater. Together.' Something I wish more people would take to heart. When a community comes together, there is so much more that can be done. Unfortunately, the Western world prefers to champion individualistic effort over those of a collective.
Capitalism seems to forget that if you don't have your workers or people who can afford to purchase your goods, then what's the whole point? And if you're curious where this odd segue came from, I'm currently playing through Octopath Traveler 2 and Partitio's story is very much of a big-hearted merchant who looks out for his town. His dream, funnily enough, is to destroy the devil known as poverty. Something our modern world still has not been able to solve (but could. If there was any profit to it. But who are we kidding? There isn't.)
From a combat perspective, Spider-Man 2 changes things up a little by introducing a parry mechanism as well as a few other new abilities for the Spider-Men to enjoy. While this kept the game lively, it annoyed me that I needed a full Focus bar in order to heal. This was especially difficult in the latter boss battles against Scream and Venom. I'm not sure if the reason why I struggled through them was because I hadn't topped up my Focus bars prior to the mission or if it was simply me not gelling with Peter's abilities.
What I do know was that I hated how the attack you couldn't dodge, but had to parry, was highlighted in red and that the unblockable attack was blue. Especially when the game had trained you early on with managing a perfect dodge when the spider sense was red. It also didn't help that in the battles with Scream and Venom, these indicators didn't last for very long and I couldn't cancel an animation if I was already mid-dodge to parry an attack.
At least the checkpointing was generous!
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As for other gameplay moments, I had to say the swinging was smooth as butter and the web wings added some great diversity to travel. Especially with the wind tunnels all around the city to help one get from Point A to Point B.
And because of these quality-of-life improvements, I didn't feel like the new map, which now included Queens and Brooklyn, was that much larger than the original Spider-Man game or as time-consuming to get through like a map in the open-world Assassin's Creed titles.
So, while Spider-Man 2 didn't win at The Game Awards, it certainly won my heart as the second last game I played in the year 2023. And I'm certainly excited to see what Insomniac cooks up next, despite the hack. The studio is great at nailing story, gameplay and world while serving up side-dishes of heart. Best of all, it didn't have me chasing after pigeons!
In a year teeming with big titles, Spider-Man 2 was everything I wanted in an open-world game without overstaying its welcome.
Thank you Insomniac and here's hoping Spider-Man 3 brings on the Green Goblin in all his glory! Oh, and Silk. I'm curious to how they'll insert that comic storyline into the game.
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montereycrimi · 4 months
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How do California DUI laws differ for drivers under 21 compared to those over 21?
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Differences in California DUI Laws for Drivers Under 21 vs. Over 21
California DUI laws impose stricter regulations on drivers under 21 compared to those over 21, reflecting a heightened focus on deterring underage drinking and driving. These distinctions are evident in legal blood alcohol concentration (BAC) limits, penalties, and license suspension policies. If you're facing criminal charges in Monterey, a skilled Monterey Criminal Lawyer can provide the defense you need.
Legal BAC Limits
For drivers over 21, the legal BAC limit in California is 0.08%. If a driver is found with a BAC at or above this threshold, they can be charged with a DUI. However, for drivers under 21, California enforces a zero-tolerance policy. Any detectable BAC of 0.01% or higher can result in DUI charges. This stringent standard underscores the state's commitment to preventing underage drinking and driving.
Penalties for Underage Drivers
Underage drivers face unique penalties for DUI offenses. A BAC of 0.01% or higher can lead to a one-year suspension of the driver's license under California's zero-tolerance law. For a BAC of 0.05% or higher, underage drivers may face additional penalties, including fines, mandatory DUI education programs, and possible installation of an ignition interlock device (IID). These penalties are designed to discourage young drivers from consuming alcohol before getting behind the wheel.
License Suspension Policies
License suspension policies also differ significantly. For drivers over 21, a first DUI offense typically results in a four-month license suspension. In contrast, drivers under 21 face an automatic one-year suspension for any detectable alcohol in their system. Subsequent offenses or higher BAC levels can lead to even longer suspension periods and more severe penalties.
Impact of DUI Convictions
A DUI conviction for drivers under 21 can have long-lasting impacts, affecting insurance rates, educational opportunities, and employment prospects. The state's rigorous approach aims to emphasize the seriousness of underage DUI offenses and deter repeat behavior. Conversely, while DUI convictions for drivers over 21 also carry significant consequences, the focus is more on rehabilitation and deterrence through standard penalties and IID requirements.
Conclusion
California's DUI laws impose stricter standards and penalties on drivers under 21 compared to those over 21, reflecting a zero-tolerance approach to underage drinking and driving. Understanding these differences is crucial for both age groups to navigate the legal landscape and avoid severe consequences.
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isaiahnoelarcenas · 4 months
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should death penalty be re-imposed in the Philippines?
The Philippines has a complex history with the death penalty, having abolished and reinstated it several times. Re-imposing it sparks a heated debate, with strong arguments on both sides.
Arguments for Re-imposition: Deterrence: Proponents believe capital punishment deters criminals from committing heinous crimes like murder, rape, and drug trafficking. They argue the ultimate punishment discourages criminals and protects society. Justice for Victims: Supporters see the death penalty as the only just punishment for certain crimes, offering closure and a sense of justice for victims' families who've suffered immensely.
Arguments Against Re-imposition: Irreversible Error: Opponents highlight the risk of executing an innocent person. A judicial system is not infallible, and wrongful convictions can have devastating consequences. Inhumane Practice: Many see capital punishment as cruel and unusual punishment, violating the right to life. They argue rehabilitation and life imprisonment are more humane alternatives. Socio-economic Factors: Critics point out the death penalty disproportionately affects the poor who lack access to proper legal defense. A flawed justice system could lead to biased application. Ineffectiveness as Deterrent: Research on the deterrent effect of capital punishment is inconclusive. Crime rates haven't shown a significant decrease in countries with the death penalty compared to those without it.
The Philippines' Specific Context: High Crime Rate: The Philippines grapples with a significant crime problem. Proponents argue the death penalty could be a tool to combat it, particularly regarding drug-related offenses. Rehabilitation vs. Punishment: The Philippines' prison system faces challenges. Focusing on rehabilitation and improving prison conditions could be a more effective long-term solution. International Obligations: The Philippines has ratified international treaties like the Second Optional Protocol to the International Covenant on Civil and Political Rights, which aims to abolish the death penalty. Reinstating it could violate these obligations.
Conclusion: The death penalty is a complex issue with no easy answers. The Philippines must weigh the potential benefits of deterrence and justice for victims against the risk of irreversible mistakes, the ethical concerns, and the lack of clear evidence for its effectiveness as a deterrent. Instead, the Philippines could focus on strengthening its law enforcement and justice system, addressing the root causes of crime, and investing in rehabilitation programs to create a safer and more just society
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"Ediga Anamma Vs State of Andhra Pradesh": Evolving Jurisprudence Through Comprehensive Analysis (Supreme Court)
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Introduction The case of "Ediga Anamma Vs State of Andhra Pradesh" (1974) marked a pivotal moment in India's legal history, grappling with complex issues of criminal responsibility and sentencing. Anamma's heinous crime of murdering Anasuya and her daughter Nirmala sent shockwaves through society, prompting profound legal scrutiny. This introduction provides an overview of the case, outlining the central events, legal proceedings, and the significance of the case in shaping legal discourse on punishment and rehabilitation in India. Historical Context of Capital Punishment in India To fully understand the implications of the "Ediga Anamma" case, it is essential to explore the historical context of capital punishment in India. From colonial-era laws to contemporary legal frameworks, the death penalty has been a subject of intense debate, reflecting broader societal, political, and philosophical perspectives on justice and punishment. This section traces the evolution of capital punishment in India, highlighting key judicial decisions and legislative reforms that have shaped its application over time. Case Background and Facts In this section, a detailed examination of the facts and circumstances surrounding the murder of Anasuya and Nirmala by Ediga Anamma is provided. Anamma's illicit affair with a widower, coupled with jealousy and resentment towards Anasuya, culminated in a brutal act of violence that shook the village of Konapally. The section delves into the motivations behind the crime, the relationships between the parties involved, and the evidentiary trail that led to Anamma's conviction. Legal Issues and Controversies: "Ediga Anamma Vs State of Andhra Pradesh" Analysis The legal issues and controversies raised during the trial and subsequent appeal form the crux of this section. Anamma's defense team and the prosecution sparred over questions of evidence admissibility, procedural fairness, and the interpretation of relevant statutes and case law. Analyzing these legal intricacies sheds light on the challenges faced by the judiciary in adjudicating complex criminal cases. The Arguments of the Parties A comprehensive analysis of the arguments presented by both the defense and the prosecution offers insight into the legal strategies employed by each side. From invoking precedents to dissecting evidentiary inconsistencies, the parties sparred vigorously in their quest for justice. Understanding the nuances of these arguments provides valuable context for evaluating the court's eventual decision. The Supreme Court's Judgment The Supreme Court's judgment in "Ediga Anamma Vs State of Andhra Pradesh" represents the culmination of legal deliberation and judicial reasoning. By upholding Anamma's conviction while commuting her death sentence to life imprisonment, the court navigated complex legal terrain while balancing competing considerations of justice, deterrence, and rehabilitation. This section dissects the court's rationale, exploring the legal principles, precedents, and socio-legal considerations that informed its decision. Impact and Implications: "Ediga Anamma Vs State of Andhra Pradesh" Rulings The broader impact and implications of the Supreme Court's judgment are examined in this section, with a focus on its repercussions for the criminal justice system, legal precedent, and societal attitudes towards punishment and rehabilitation. The "Ediga Anamma" case served as a catalyst for introspection and reform, prompting a reassessment of sentencing practices and the treatment of offenders in Indian society. Comparative Analysis: "Ediga Anamma Vs State of Andhra Pradesh" Review A comparative analysis of "Ediga Anamma Vs State of Andhra Pradesh" with similar cases from other jurisdictions offers valuable insights into different approaches to criminal liability, punishment, and rehabilitation. By juxtaposing legal frameworks and judicial outcomes, this section illuminates the complexities of navigating justice systems in diverse cultural and legal contexts. Reformative Approaches to Punishment Drawing on the principles enunciated in the judgment, this section explores alternative approaches to punishment that prioritize rehabilitation and societal reintegration over retribution. From restorative justice programs to community-based initiatives, innovative strategies aimed at addressing the root causes of crime are examined, offering a vision for a more humane and effective criminal justice system. Conclusion: "Ediga Anamma Vs State of Andhra Pradesh" Verdict and Insights In conclusion, the "Ediga Anamma Vs State of Andhra Pradesh" case serves as a microcosm of India's evolving jurisprudence on punishment and rehabilitation. By grappling with complex legal issues and balancing competing considerations of justice, the Supreme Court charted a course that reflects the evolving values and priorities of Indian society. As India continues its journey towards a more equitable and effective criminal justice system, the lessons learned from this landmark case will continue to inform legal discourse and policy reform efforts for years to come. Read the full article
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wildwildwasteland · 6 years
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Serious question what do we do with rapists and murderers and like. Actual dangerous criminals? Obviously the prison system as is is fucked up but it's not like that everywhere in the world... Sorry I'm not trying to be confrontational I just wanna hear your thoughts. You have good takes.
the answer is a bit complex so you will have to bear with my less-than-perfect attempts to break it down into something short enough to even read but: 
the first thing to keep in mind are the actual incarceration statistics. only about 9.7% of those currently incarcerated are for sex crimes (vs 46% for nonviolent drug offenses) and even smaller percentage of 3.3% for murder and assault (murder + assault counted together here, w/ assault also being a loose legal term that can include small offenses like slapping a harasser in a bar)
so with that its good to remember a lot of our knee-jerk “what about the murderers/rapists” reaction is exaggerated because we are falsely led to believe through media and political rhetoric that murderers and rapists are the majority of the reason we have prisons. to keep us safe from these bad guys. 
[it’s also worth noting many of the police forces who incarcerate people have a comparable number of murders and sex crimes (x, x) under their belt which they rarely see jail time for (let alone equivalent time served by civilian offenders). And so a greater portion of rapists and murderers walk free of jail right now with the law’s consent.)] 
so, w that out of the way (and putting aside that these %s would be even smaller in a non-capitalist society that focuses on community and would further deter harmful behaviors.) what to do with people who cause harm?
keep in mind this is all just my opinion so i don’t claim to have a perfect answer, but i think people found guilty of a crime by a court of their peers being put through actual behavioral rehabilitation programs by trained professionals would be a better option than prisons. depending on the severity of the crime, maybe house arrest and strict supervision (perhaps permanently) in addition to that. 
its not perfect but it seems more feasible than a costly concrete building where we lock people up and throw away the key, which serves as little deterrent or behavior-correcting solution for those who do harm intentionally or by error.
one other thing about prison is people really don’t have to live with the effects of what they’ve done, they’re removed from the world entirely. then not given real rehabilitative opportunities where they are helped to take personal responsibility for their crime, which if anything only makes it easier to re-offend upon release. 
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drrobertmacarthur · 3 years
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Dr. Robert MacArthur
Dr. Robert MacArthur
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The Irishman And The Constitutional Rights: The Action Of “Pleading The Fifth Amendment” In Film Scenario.
By Yutai Qiao, University of Illinois at Urbana Champaign Class of 2020
May 27, 2020
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Nominated for the Best Picture in the Academy Reward, The Irishman is a Netflix crime movie, by Martin Scorsese, depicting Charles Brandt’s nonfictional memoirI Heard You Paint Houseon the legendary story of the Irish mafia, the Teamsters and the Jimmy Hoffa. In the film, the characters face the prosecutions and are placed in the court scene multiple times. Noticeably, citing their constitutional rights for refusal to provide their testimony as a witness, the characters in the film often plead an amendment of the constitution, the Fifth constitution. This article is dedicated to investigating the Fifth Amendment to the U.S. Constitution and the constitutional rights permitting the refusal to serve as a witness.
In the plots of The Irishman, the film demonstrates the actions of pleading the Fifth Amendment twice: once in the protagonist, Frank’s monologue on how mafia member reacted to the prosecutions and once in the court scene depicting Frank own refusal to serve as a witness at the court case when he is prosecuted for murder.1 The first question is how does the Fifth Amendment empower people under prosecution and give people the constitutional rights to not serve as the witness. The Fifth Amendment to the United States Constitution mainly addresses the criminal procedures of the constitution, requiring felonies to be tried only up the indictment by a grand jury and limiting the times of a defendant to be tried under the same offense to only once. Nonetheless, the major effect of the Fifth Amendment discussed in this article is protection over self-incrimination. According to the original text of the Fifth Amendment, if someone is incriminating oneself, he or she is revealing his or her self to “an accusation or charge of crime,” or “in a criminal prosecution or the danger thereof.” Thus, the constitutional rights provide this individual “of a person to refuse to answer questions or otherwise give testimony against himself”, while “pleading the Fifth” can protect this individual from questions with sensible perilous consequences in their direct answers.3 Therefore, the rights of refusal to be referred as a witness became constitutional rights protect individuals from aggressive prosecution, demonstrating the principle of modesty in criminal law which emphasizes the object of criminal law not solely on conviction of individuals but on retribution, deterrence, incapacitation, rehabilitation, and restoration of guilty individuals.4 So, as observed in the Irishman, the mafia members and the protagonist, Frank, can use this constitutional right to defend themselves on the court; this measure of the amendment does not mean to decrease the probability to convict a guilty individual but mean to provide an impartial and integral legal procedure convicting only people with actus reus (Latin for “guilty act”) and mens rea (Latin for “guilty mind”).
The court scene in the Irishman is not the only example of “pleading the Fifth” whereas “pleading the Fifth” is a common measure in legal practice. Among the examples, the most famous one is the Miranda vs Arizonacases where “Miranda Rights”, a legal term borrowed by numerous legal systems in the world, came from. In March 1963, Miranda was interrogated and wrote a confession incriminating himself after being arrested by the Phoenix Police Department for kidnapping and raping an eighteen-year-old female. On the court, the prosecutors presented the confession as evidence, objected by Miranda’s lawyer under the suspicion of involuntary. The objection was overruled in district court, appealed level by level, and finally reached the Supreme Court of the United States. The efforts paid off: the majority formed by five justices with the opinion of the Chief Justice Earl Warren ruled that the confession is not admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless aware of and waived by the suspect. Thus, the conviction of Miranda is overturned by the Supreme Court.5 Thereafter, the “Miranda Rights” became a universal procedure of criminal cases while it is commonly noticed to suspects once after their arrests. The “Miranda Right” has more ubiquitous exposure to the general public: noticeably enough, in both award-winning best pictures of this year, The Parasites6, and last year, the Green Book7, the “Miranda Right” appears after the protagonists taken under custody.
The appearance of the legal procedure has a trend to increase these years. Showing the importance of legal practitioners, this trend demonstrates the reinforcement of legal consciousness and the dissemination of legal knowledge. With this trend, the pre-law students should have stronger confidence in the accomplishment of social justice and legal integrity by their future contribution.
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1. The Irishman, directed by Martin Scorsese (2019, New York City, NY; Netflix), digital.
2. Ibid
3. “The Fifth Amendment to the United States Constitution”, Legal Information Institute, Cornell Law School, 1791, retrieved from https://www.law.cornell.edu/constitution/fifth_amendment
4. Shizhou Wang, “On Development of Criminal Law in the People's Republic of China”,Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America, Vol. 43, No. 3 (2010), pp. 292-303
5. Wayne R.LaFave; Jerold H. Israel; Nancy J. King; Orin S. Kerr. Criminal Procedure (4th ed.).(St. Paul: West Academic Publishing, 2015). OCLC 934517477
6. Parasite (Korean:기생충), directed by Boon Joon-ho (2019, Seoul, KR; Barunson E&A), digital.
7.Green Book, directed by Peter Farrelly (2018, Dream Work Picture), digital.
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colorisbyshe · 6 years
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Thoughts on capital punishment?
Against it. While morally I am here for people taking vengeance on abusers, rapists, and the ilk (which I view as a form of self defense), I am absolutely against the state murdering people.
Knowing how much forensic science is bunk (or at least exaggerated in usefulness and manipulated to make people think there is 100% evidence), how racist the system is and how disproportionately people of color get the death sentence, and just in general how many innocent people are convicted and denied proper legal representation, appeals processes, and the like... I can’t fucking do it.
I do believe some people have done things so heinous that they do deserve to die--that there’s no redemption and no way they deserve a real shot at life, among the rest of the world. But that’s what a life sentence is for and even then I really have to say that I don’t like the prison system in general when people serve more time for dealing/possessing drugs than they do creating and possessing child porn.
When prison is a business and a racist one at that, I don’t particularly want to support it in general, let alone to the extent that I want to grant it the power to //murder// people.
Prison is meant to be about rehabilitation and teaching people that violence/murder is just doesn’t... do that. It’s like spanking--all you’re doing is sending out the message that violence solves problems and is acceptable. Capital punishment doesn’t serve as an actual deterrent and just gives the state more ammunition to enact violence.
I used to be at a point here I thought “Capital punishment is actually more expensive than life sentences” was a good argument and that made me a sort of fence sitter on the subject and while that is still true... it’s so much fucking more than that.
Coerced and false confessions, DNA evidence that is presented as more infallible than it is, failure to provide all of the evidence, shitty overworked defense lawyers, biased juries/judges, prison as a for profit system... all of this comes together and there’s no fucking way I can support this even if I do believe some acts deserve death.
Things are getting so fucking twisted and due process is becoming a fucking mess, especially with fucking 23andme and similar services being used to catch people, and I can’t give that system more power.
Almost 1,500 people have been executed since 1976, how many were innocent? We know over 150 people have eventually had their charges dismissed or acquitted before it came to tehir execution, so how many of those 1,500 were just failed by the system?
What is the risk vs reward here? We risk murdering innocent people and the reward is...? It’s not justice.
The focus of prisons should be in fucking restructuring the entire system to make it about rehabilitation and providing actual wages to the labor done within, getting rid of sentences for things like possessing drugs and provide care for those people instead, and then ACTUALLY properly sentencing people who rape, murder, and other extremely violent crimes as well as repeat violent offenders (ie people who repeatedly abuse spouses/children and are let out time and time again until it escalates into murder).
The prison system is focused on abusing and punishing when that shoudn’t be the purpose. I’m not quite on team abolish all prison (perhaps just because I haven’t read up on the subject) but I am 110% on team FUCK the racism (and ableism, I have failed to mention that properly but the failure to help actually mentally unwell people is ridiculous) in the system, fuck giving the state the power to kill, and fuck the idea that most the crimes people are in prison for deserve punishment and not like... actual help.
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abbieh3o-blog · 6 years
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Research Proposal
How does pop culture glorify the United States prison system?
I’m amazed by the variety of factors that make each prison unique. The security level, inmate bracket, location and building architecture all affect prison functionality. Those with an extreme interest in the prison system can tour old prisons, that are now museums and tourist attractions, watch documentaries, and listen to podcasts to indulge their curiosity. However, the majority of people use more common sources of pop culture like tv shows and movies. It’s a more convenient and entertaining way to learn about the topic. Prisons are often portrayed in an unrealistic way through these platforms. The difference between a prison-based tv show and documentary is astounding. Viewers will feel completely different after watching one vs the other. Tv shows and movies require a plot to keep viewers engaged. The reality of the living situation is lost in the drama.
Most people will never step foot into a penitentiary. Viewers live through movie and tv show characters. A series of decisions made by a character leads them to prison. Comparing different tv shows and movies, viewers may or may not notice that characters have similar prison experiences. This suggests there’s a set of experience stereotypes. Politics plays a huge role in the prison system. Corruption is a common part of pop culture storyline. Most Tv shows and movies include a dirty security guard and/or elected official role. Most viewers don’t question pop culture accuracy.
I’m going to use season one of the popular tv show Prison Break, as my case study. Season one shows the inner workings of a fictional maximum-security penitentiary in the United States. The show is about a man, Michael Scofield, who purposely gets incarcerated in an elaborate plan to break out his brother, Lincoln Burrows, from the inside. During this ten-week quarter, I will be researching the United States prison system in connect to pop culture and how it leads to glorification. My goal is to identify how aspects of the tv show Prison Break portray prison. I’m curious to see to what extent the production crew of Prison Break went to make the show as accurate as possible. It’s believed the main four purposes of prisons is retribution, incapacitation, deterrence, and rehabilitation. How does pop culture glorify each purpose? I want to focus on the reality of the prison system. If, in my research, it becomes necessary to explain why glorification matters I will. I see this research being published in The Atlantic because of the system's relationship with politics, culture, and life.                        ________________________________________________________________ * I’m posting this late. After talking to Tarkin I wasn’t sure if I really liked my topic. I definitely want to do the prison system but he helped me realize I would most likely need to explain why glorification matters, which is not something that interests me. I wanted to sleep on it and I’ve decided to stick with this topic. I’m hoping I’ll get more into it once I start doing the research. 
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vincentvelour · 7 years
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US vs. UK Deferred-Prosecution Agreements: Some History and Key Differences
US vs. UK Deferred-Prosecution Agreements: Some History and Key Differences
8/7/2017
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        By John Bostwick, Managing Editor, Radius
Anyone familiar with recent high-profile corporate corruption scandals in the US has at least heard the term deferred-prosecution agreement, or DPA. An article in the current issue of The New Yorker about prosecuting banks and bank executives says that from 2002 to 2016, the US Department of Justice has entered into over 400 DPAs, a remarkable number that reflects a shift in DOJ’s approach to addressing white-collar crime.
I’ll get to exactly what DPAs are in a moment, but before that a little more legal history. The New Yorker article explains that until the mid-1970s, US authorities usually targeted individuals in cases of corporate crime. After a watershed case involving the 1975 suicide of an executive, however, DOJ’s strategy started to shift towards prosecuting corporations as well individuals.
Another watershed case occurred in 2002, when DOJ convicted Arthur Andersen of cooking the books in the Enron fraud case. The conviction eventually put the venerable accounting firm out of business, which among other things cost the US economy thousands of jobs.
The article says that many came to see the Arthur Andersen conviction “as a flagrant instance of government overreach: the problem with convicting a company was that it could have ‘collateral consequences’ that would be borne by employees, shareholders and other innocent parties.” In an era of M&A and corporate behemoths, the Arthur Andersen outcome could be regarded as a cautionary tale of the dire economic consequences of meting out white-collar justice. Or, as many have put it, some companies are simply “too big to jail” if we hope to keep our economy from sliding into the abyss.
Which brings us back to deferred-prosecution agreements. DPAs are agreements between prosecutors and companies that essentially say the DOJ won’t prosecute a corporation for bribery, fraud and/or other criminal activity if it agrees to pay a fine and get its regulatory house in order. And as the first statistic quoted in this post hints, we are now firmly in the era of the deferred-prosecution agreement.
Former prosecutor and current US district judge Jed S. Rakoff addresses the subject of DPAs in the New York Review of Books article “The Financial Crisis: Why Have No High-Level Executives Been Prosecuted?” Rakoff suggests that one chief reason for the current popularity of DPAs is that they’re viewed as a win by both prosecutors and the corporations they investigate. He writes that, if you are a prosecutor, “You are happy because you believe that you have helped prevent future crimes; the company is happy because it has avoided a devastating indictment; and perhaps the happiest of all are the executives, or former executives, who actually committed the underlying misconduct, for they are left untouched.”
The New Yorker points out that some corporations are so happy with the DPA trend that they don’t even regard it as a deterrent to criminal behavior. Pfizer, it says, flouted not one but two DPAs related to bribery and other crimes, and “after offering Pfizer a second chance, only to have misconduct continue, the government was apparently happy to offer a third.”
DPAs, then, allow executives off the hook, allow prosecutors to maintain spotless records (since they don’t have to assume the very real risk of losing criminal cases to lawyered-up corporations) and provide authorities with substantial revenue and the ability to tell the public that rogue corporations have been fined and rehabilitated.
As many (including Rakoff) have observed, this may look good — and even keep a portion of the public happy — but the trend hardly serves the cause of justice. For one thing, shareholders typically foot the bill for the fines. And, of course, executives that have enabled and/or engaged in the criminal misconduct that (in many cases) has made them fabulously rich are not held accountable. Rakoff’s article appeared in January 2014, and in it he observed that “not a single high-level executive has been successfully prosecuted in connection with the recent financial crisis.” Nearly four years later, his words still hold true and they’ll probably continue to do so for years to come, at least in the US. The New Yorker points out that “federal prosecutions of white-collar crime are now at a twenty-year low.”
Given our similar judicial systems, it is interesting — and important for US executives to grasp — that the US and UK have different DPA systems. UK authorities, in fact, have a very short history of entering into DPAs, as they were introduced just three ago under the Crime and Courts Act 2013. UK DPAs are available to the Serious Fraud Office (as well as the Crown Prosecution Service), and to date UK authorities have entered into just three agreements, in stark contrast to the hundreds entered into by DOJ.
As the SFO website explains, UK DPAs are “concluded under the supervision of a judge, who must be convinced that the DPA is ‘in the interests of justice’ and that the terms are ‘fair, reasonable and proportionate.’” In other words, a UK judge can reject a proposed DPA. Remember that US DPAs do not need judicial approval and are entered into at the discretion of prosecutors. Ben Morgan, the UK’s joint head of bribery and corruption, emphasized the importance of the court’s involvement in a March 2017 speech, saying: “This is a key and distinguishing feature of the UK DPA system. The judge is asked to give a declaration.”
This judicial approval provides greater legitimacy to the process. In what’s almost certainly a veiled reference to US DPA practice, Morgan assures his audience of finance professionals that they “will not find us at the SFO slipping into a casual, commoditized practice of processing DPAs. You will instead find us agonizing over the fine detail of each potential candidate — is it really the right thing to do this time?” Knowing that a judge will have to approve each DPA on its own merits helps ensure this kind of analysis, if not agonizing. It’s also critical to note that the judge who reviews a proposed DPA must make a public declaration, which increases the transparency of each agreement. The US DPA process has been criticized for its opacity.
UK deferred-prosecution agreements apply only to organizations, never to individuals.Tweet this
In another breach with US protocol, UK DPAs apply only to organizations, never to individuals. One of the high-profile cases settled this year under a UK DPA involved Rolls Royce. Among other things, the company agreed under the DPA to pay 671 million pounds in fines to avoid prosecution for bribery, paying off rivals and other criminal behavior. The Financial Times explains that the judge who approved the DPA indicated the corruption at Rolls “went right up the ranks of senior management, and even ‘on the face of it, [the] controlling minds’ of the company.”
Unfortunately for Rolls Royce executives, the DPA does not shield them from criminal prosecution. The Times asks: “who knew what, and when, and will anyone [at Rolls Royce] be prosecuted? … And why did the leadership of the company decide not to report to authorities concerns over potentially corrupt behavior raised in 2010?” 2010 is the year that Britain’s strict Bribery Act was given assent, so, the Times observes, Rolls executives certainly knew that a “blind eye would no longer be turned to corporate misbehavior.” (The Bribery Act became effective in 2011.)
Presumably most people who don’t save their money under their mattresses will think it right and just that executives at Rolls Royce or any other corporation can be held accountable for engaging in corrupt behavior. There are, however, some vocal opponents of the UK DPA regime that allows for this. A post on the Spectator’s blog, for example, defends former Rolls Royce CEO Sir Ralph Robins against the possibility that he might be swept into the SFO’s fraud investigation of the company. The writer takes the SFO to task for disclosing the fact that it interviewed Sir Robins during the course of its investigation, damaging his “name” and reputation. The writer of the post contends: “One of the many downsides of the new [UK DPA] system is that such deals do not cover individuals. In short, the company is exempted from prosecution, the SFO gets its check – but senior employees (in this case long-retired) are hung out to dry.”
Clearly, the writer is a strong proponent of the kind of US-style DPA strategy that targets only corporations and does not hold corporate employees accountable. The counter argument can be summed up by Justice Rakoff, who writes in his NYRB piece: “under the law of most US jurisdictions, a company cannot be criminally liable unless at least one managerial agent has committed the crime in question; so why not prosecute the agent who actually committed the crime?”
This kind of individual accountability is what many people have clamored for in the wake of the financial crisis, but which hasn’t materialized, at least in the US. Just last month, however, four Barclays executives appeared in a UK courtroom to face charges of misconduct. The BBC observes: “Nearly a decade on from a financial crisis and this is the first time any former bank chief executive anywhere in the world has faced criminal charges for alleged conduct during the greatest financial crisis since the 1930s.”
Interestingly, the SFO has not extended a DPA offer to Barclays in this case. The BBC article indicates that SFO leaders insist on full cooperation from companies in the case of DPAs (see the 2017 Ben Morgan speech for evidence of this), and Barclays “withheld tens of thousands of documents citing legal privilege — behavior [SFO head David Green] described as leading the SFO ‘a merry dance.’” Instead, Barclays itself will face criminal charges. In order to obviate possible serious economic fallout similar to what occurred after the US’s Arthur Andersen case, the SFO is charging Barclays PLC, Barclays’ holding company, not operating company. The BBC explains that charging the holding company “means the ability of this important transatlantic bank to operate in its key markets should not be affected — whatever the outcome.”
The BBC notes that charging the company and its executives raises the possibility that they could each enter different pleas, and that the situation in general is “complicated territory.” Adding to the complications is the fact that the SFO is facing an existential crisis. The agency is relatively small, with an annual budget of 40 million pounds compared to DOJ’s $500 million enforcement budget for financial and mortgage fraud. And it is now in danger of being incorporated into the larger National Crime Agency. The BBC suggests that the possibility the SFO could be dissolved may have affected its decision to bring charges against both Barclays and its executives, and that the charges may be a kind of “last hurrah.”
Those who have accused US prosecutors of protecting their own careers by favoring DPAs over criminal prosecutions may find it telling that the first charges brought against executives for misconduct related to the financial crisis may have been brought in part because the prosecutors are under threat of losing their own agency.
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drugrehabnearby · 8 years
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Drug Rehab FAQ
What Is Drug Rehab?
Drug Rehab is an Addiction Treatment Programs that will assist you "Kick the Habit" and get you off of Drugs. Drug Rehab will assist Addicts gain back a Healthy and Sober way of life. It does not matter whether you're Addicted to Illegal Drugs like Meth or Heroin or Prescription Painkillers, we can assist you.
What Happens in Drug Rehab?
Treatment in Drug Rehab depends upon the person's health, what Drug they're Addicted to and whether they pick Inpatient Drug Rehab or Outpatient Rehab. In a lot of cases, Rehab normally includes a mix of Detox, Substance Abuse Counseling and Ongoing Therapy.
Detox
The initial step in addiction rehab is Detox. Throughout Detox, the Body goes through Substance Withdrawal Syndrome. Generally, Withdrawal is an extremely undesirable experience, however with the appropriate treatment in a Medically Supervised Detox Program the pain and threats connected with the Detox procedure will be Reduced as well as Eliminated.
Drug abuse Counseling
The next action in the Drug Rehab Process will consist of Daily Behavioral Therapy People in Rehab take part in Group and/or Individual Therapy Sessions to acknowledge and attend to the underlying reasons for their Addiction. Treatment Programs likewise inform people on ways to recognize High-Risk Situations and Triggers, and establish Relapse Prevention Skills to preserve Long-Term Sobriety.
Continuous Therapy
Although the Formal Part of Drug Rehab is ended up, Staff will establish a Plan to guarantee your Continued Success. This might consist of Support Groups, Ongoing Therapy, and Sober Living Arrangements, if required.
For how long Does Drug Rehab Take?
Many Rehab Facilities deal 30-Day Programs. Some people benefit from longer treatment programs, such as 60-Day, 90-day, or even Longer-Term Treatment at Residential or Inpatient Treatment Centers. All of it depends upon an individuals History and Severity of the Addiction, Specific Substances utilized, any Co-Occurring Medical, Mental, or Behavioral Health Conditions, and the Physical, Mental, Emotional, Social, Cultural, and Spiritual requirements of the Individual.
Normally, those who invest 3 months or longer in Treatment Programs typically accomplished Long-Term Sobriety regularly. It can take longer than 30 days to discover the Root Causes and Behaviors behind the Addiction which's why these Inpatient Treatment Programs are more effective.
Does Rehab Cure Addiction?
There is no Cure For Addiction, however it can be handled successfully. Despite its period, Drug Addiction Recovery does not conclude after the client finishes a Rehabilitation Program. Healing from Substance Use is a continuous, long-lasting procedure. Handling an Addiction includes discovering ways to Navigate through Daily Life without Using and includes effort and commitment.
What Happens If I Relapse?
Regression ought to not be considered as a Failure however ought to rather be viewed as an Obstacle To Overcome on one's Lifelong Journey To Sobriety. It offers a chance to reassess one's course and return into a Program that provides the assistance and assist had to Maintain Sobriety.
Lots of people who are dealing with Addiction total more than one Stay in Rehab prior to they have the ability to discover their footing in their Recovery Journey. The only individual who can handle your Addiction is You, and Rehab will assist you construct the Skills Necessary to Maintain Sobriety.
Just how much Does Rehab Cost?
Addiction Rehabilitation Programs can differ considerably in Price. High-End Luxury Programs have the tendency to charge more for additional services and unique Amenities and, in many cases, greater Staff to Patient Ratios.
Inpatient Facilities have the tendency to cost more than Outpatient Treatment Programs as they supply Patients with treatment, meals, accommodations, and activities. Outpatient Treatment Programs differ in their offerings-- consisting of extremely structured, extensive Outpatient Programs, weekly Group and Individual Counseling Sessions, and Support Group Meetings.
Aspects That Affect the Cost of Rehab:
Features offered - These can consist of numerous aspects that Aid the Recovery Process, such as Gourmet Food, Private Rooms, Animal-Assisted Therapy, Acupuncture, Massage, and Yoga.
Length of Program - The expense connected with a treatment program is mainly identified by the Length of Stay. Throughout your Intake Session, a therapist will talk about the quantity of time suggested in Treatment for your finest contended Long-Term Recovery.
Place - Facilities in glamorous environments can cost more than conventional Treatment Centers. Travel to the Facility can likewise be factored into the expense, specifically if it is far from house.
Kind of Program. Inpatient Programs will frequently Cost More than Outpatient Programs because clients live at the center, which is staffed with Medical and Treatment Professionals at All Times.
The Cost of Rehab vs. the Cost of Addiction While the Cost of Rehab might be a deterrent for some individuals, it is necessary to keep in mind the lots of "Costs" of Addiction.
Addiction can be pricey due to:
The Cost of the Drugs. Loss of Productivity at Work. Legal Fines. Medical expenses for Physical or Mental Health Issues connected with Addiction.
Addiction "Costs" Users in other methods too, varying from the Deterioration of Relationships to general distress and bad health.
Is Insurance Accepted? Insurance coverage is frequently Accepted at Drug Rehabilitation Programs. Reputation of Insurance will differ according to the Particular Facility. Have your Insurance Information Ready when you Call for your Free Consultation.
Call Now: 1-855-405-3660
If your Insurance Plan does not cover the Cost of Rehab, you can go over other Payment Options with the Facility you Choose. The program might use moving scale payment choices or funding strategies to make the expense more workable.
Should I Get Addiction Treatment Locally or Away?
Lots of people looking for Rehab Travel to a Rehab Facility far from their Home. This is advantageous in many cases since it Removes Users from their house environment where they Abuse Drugs.
In such a definitely different place, those participating in Rehab have the ability to totally concentrate on their Addiction Issues, devoid of outdoors diversions or temptations from work, household, and buddies.
If you pick Outpatient Treatment, you might want to go with a center better to house so you do not need to take a trip far every day. If you have household responsibilities, a Nearby Rehab Facility can reduce tension as you stabilize house duties with your Recovery Treatment.
Should I Choose Inpatient or Outpatient Treatment? Inpatient Facilities vary from Outpatient Facilities in a variety of methods-- from expenses included and strength of treatment to the general environment and Support Structure throughout the Recovery Process.
Inpatient Addiction Rehab Inpatient Facilities deal 24-Hour Care from Staff Personnel. Healthcare facility based Inpatient Services have Medical Staff present at all times, while many Residential Programs will supply periodic services from Healthcare Professionals, when required. Both kinds of Inpatient Facilities need clients to live at the center.
Inpatient Treatment is the most immersive type of Rehab, permitting clients to totally concentrate on their Addiction and Recovery with 24-Hour Care. Because Patients are eliminated from the tension of their lives, they are frequently much better able to overcome their Issues.
Rehab Programs can consist of Group Therapy, Individual Therapy, Medication-Assisted Treatment, as well as Complementary Therapies such as Meditation, Animal Therapy, or Outdoor Activities.
Those with enduring or Severe Addictions, Addictions to several compounds, or with existing together Medical and Mental Health Conditions frequently look for an Inpatient Program for Treatment. It might likewise be an excellent choice for those who have actually made previous Rehab Efforts (either inpatient or outpatient) and have actually given that Relapsed.
Outpatient Addiction Rehab Outpatient Programs permit Patients to come for Treatment, Therapy, and other services and after that go back to their houses at the end of the Treatment Sessions. This structure lets an individual continue a mainly unobstructed work, school, or house life while looking for Treatment. These centers have the tendency to be a great suitable for those with fairly Less Severe or Shorter-Term Addictions, minimal time, or obligations at work or house that can not be disregarded.
Outpatient Programs can differ. Some include All-Day Sessions, whereas others might just deal with clients for an hour or 2 a day. Expenses of Outpatient Care are typically lower than those of Inpatient care due to the fact that there are less features and less personnel hours associated with direct care. Since Patients can leave, clients do not need to spend for the ongoing Care. Numerous Insurance Plans might cover some or all the expense.
To find out more about the distinction in between these 2 addiction treatment structures, call us today at 1-855-405-3660 to discuss your alternatives. Let our Rehab Placement Representatives address any concerns you might have in order to assist you choose exactly what kind of Addiction Rehab Facility makes the very best sense for you and your requirements.
Can I Lose My Job for Attending Addiction Rehab?
While you might experience some Fear of Losing Your Job if you Attend Rehab, you may, in reality, be most likely to lose your task if you do not Get Help. If you are having problem with a Substance Abuse Problem, it is possible that your employer might currently presume it. By preventing Addiction Help, your battle might ultimately emerge given that the effects of your Substance Abuse might trigger your work efficiency to suffer.
Utilizing Drugs while on the Job is Legal Grounds for Termination, however there are numerous Federal Laws Protecting your Right to Obtain Treatment. Under these Laws, it is Illegal to Terminate Employment as a repercussion of a worker looking for treatment.
How Do I Get Time Off of Work to Attend Addiction Rehab?
Numerous Inpatient Programs need taking a while off from Work. There are numerous alternatives that can assist alleviate this procedure.
These consist of:
Worker Assistance Programs
An Employee Assistance Program (EAP) is a Voluntary Program through your Employer, which supplies personal evaluations, minimal therapy, and recommendations to treatment at no charge to the worker.
Household and Medical Leave Act
Lots of Employers provide to 12 weeks of leave under the Family and Medical Leave Act, which enables you to take unsettled time off without impacting your medical insurance, in order to look for treatment for a medical condition that disrupts your capability to finish job-related jobs. Addiction falls under this classification, so it might be helpful to comprehend exactly what your business provides.
Paid Time Off
Another choice for requiring time far from work to obtain aid with drug abuse is to just utilize accumulated getaway, ill, or Personal Time to go to Rehabilitation.
Executive Rehab Centers In case you have heavy work needs and have to preserve an active participation at your location of work, Executive Rehab Centers might assist in preserving an existence or continuous participation at work while going through domestic treatment in an elegant, 24-hour care setting.
Outpatient Programs Outpatient Programs offer another Treatment possibility for anybody who is not able take time away from house or work and who might require a more inexpensive alternative than Executive Rehab. Those having problem with Severe Addiction or Relapse Problems, nevertheless, would be well served in looking for Residential Treatment Options that can provide more Intensive 24-Hour Care.
In general, there are various methods to obtain assist as a worker, and looking for Treatment for Addiction will constantly be much better for you, your task, your health, and your life in basic in the long run.
Exactly what is Luxury Treatment? High-end Rehabilitation provides much more features and classy environments than Standard Rehab Facilities. They are typically situated in remote locations, so Patients are paid for Maximum Privacy throughout their stays. High-end Rehab Centers might provide holistic programs, experience treatments, premium meals prepared by expert chefs, and ingenious Recovery Therapies.
Top-level Executives, Celebrities and other Public Figures typically select Luxury Rehab for the unique features, personal privacy and the probability that they will be amongst their peers, however anybody might participate in these kinds of programs if the expenses can be covered through insurance coverage, out-of-pocket payments, or a mix thereof.
How Can I Find an Addiction Rehab Program?
Discovering the Right Drug Addiction Rehab Program can seem like a frustrating procedure, however assistance is readily available to respond to any Additional Questions you might have. If you aren't sure exactly what type of Treatment Program is ideal for you or an enjoyed one and want to Discuss Rehab and Recovery Options Further, Call United States at 1-855-405-3660 to talk with a Rehab Placement Representative. There is No Fee or Obligation.
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