Free Essay

Solitary Con

In: Other Topics

Submitted By niko001
Words 1929
Pages 8
Solitary confinement is an incarceration norm in the United States and around the world, as prisoners are locked away and left to their own devices for days on end. Though this practice has mostly been commonplace and a part of the American criminal justice ethic for the better part of three centuries, some have questioned whether this is the future of criminal justice in America. Solitary confinement, it seems, has psychological effects that have previously been unknown and given this information, some argue that the practice is inhumane or in violation of the sixth amendment’s prohibition on cruel and unusual punishment. Solitary confinement breaks down the mind’s ability to function and in the process, it does long-term, often irreparable damage to prisoners. Those prisoners, many of whom are later released at the end of their sentence, are afflicted with a new mental disability as a result of their time in solitary confinement. This can have dangerous effects on communities and it can lead to higher rates of recidivism among these prisoners. Given the accumulated knowledge that the scientific community now has on the long-term effects of solitary confinement, it is clear that this practice raises ethical and practical questions. It will, in the next ten to twenty years, force various states and the federal government to choose whether they want to continue with an inhumane practice that could leave communities with a new danger that has been wholly caused by incarceration policies that some might consider barbaric.

In order to understand the situation, one must have a background on the current situation with solitary confinement. It remains a popular practice across the United States, as prisoners are held in prison units that are conveniently coined “maximum security.” Prisoners can be sent to maximum security – or “Supermax” – units for a number of different reasons, including perceived current dangerousness, the nature of their crime, or if they are believed to be organizing crime inside of prison (Mears & Reisig, 2006). As Mears and Reisig (2006) describe, individuals can even spend extended time in solitary confinement if they are thought the be at-risk for sexual abuse or beating in the general prison population. This practice, deemed “protective custody” in some states, purports to work for the benefit of the prisoner. One example comes from Louisiana, where, as the Associated Press writes, a man has been in solitary confinement for forty-one years (Associated Press, 2013). That man was convicted of murdering a prison guard under questionable circumstances and as a member of the famed “Angola Three,” he has drawn attention from around the world for spending more than four decades locked up in a prison cell by himself. His story is, unfortunately, un-extraordinary when one considers that this practice takes place around the country under different names. As AllGov (2013) points out, many facilities stop short of advertising their actual systems, choosing instead to refer to themselves as “control units” and “maximum security facilities”. Estimates from that site and others put the total number of solitary confinement prisoners in America at close to 80,000 and many of those people serve decades under those sorts of conditions (AllGov.com, 2013). Though this makes up just over two-percent of the total American prison population, it still represents a large enough chunk of human capital that it is worth the attention of the public and of people who are charged with making responsible decisions for communities.

Psychological research suggests that solitary confinement, as a practice, can break down the sensory functions of inmates after even a short time. Haney and Lynch (1997) suggest that human contact is an important function for keeping the senses intact and when that human contact is barred or prohibited, inmates can lose their ability to function properly. The problem, it seems, is that human beings need to interact with other human beings in order to maintain their memory function, their cognitive ability, and their social intelligence skills. Things like empathy and the capacity to communicate are all sharpened and developed by human experience, and when prisons deny that experience to prisoners, the effects can be difficult to swallow. Evidence has shown that these prison setups are psychologically dangerous for both at-risk prisoners – those who already have mental health issues – and prisoners who are otherwise healthy from a mental health perspective. Not only can being locked in solitary cause continued deterioration for people who have existing issues, but it can cause people with no mental health issues to develop significant long-term problems. This is why many have argued that these solutions, no matter what problems they are purporting to fix, are actually creating more problems of their own. If prison is designed to punish and to make society safer, then solitary confinement, it can be argued, is actually counter to the goals of the combined criminal justice effort that is out there today.

Simply saying that solitary confinement can have dangerous consequences for the human mind does not go far enough, as more is known now about the actual changes that this practice can have on individuals. The effects are specific, tangible, and easily observed in those cases where people have been put into solitary for many years on end. The problems can be separated into two categories. First there are issues that can present problems to society based upon notions of cruelty and fairness. If the criminal justice system is supposed to avoid punishments that are cruel and unusual, then it must be on the lookout for any evidence that a practice can cause long-term, major psychological damage to prisoners. These are factors that primarily impact the prisoner alone, but even though they are not things that could lead to future dangerousness, they still deserve attention in the debate over solitary confinement. The second category of factors includes those that might influence whether a prisoner is more dangerous upon release. These factors matter because solitary confinement is not simply limited to individuals who are locked away on death row. Rather, this practice is used on people who are going to, at some point, be released back into the general population. This means that society has an interest in ensuring that these people are not more dangerous when they leave prison than when they entered it. Even if the American criminal justice system is unable to rehabilitate people in a way that makes them less dangerous upon re-entry into society, it has a duty to ensure that it is not creating more danger for society by using a given practice. The psychological factors listed in this second category can influence a person’s behavior when he or she is given an opportunity to re-enter society at a later date.

The first factor, which could be seen as a cruel and unusual question, is the extreme anxiety that prisoners get when they are locked away in solitary confinement. Studies suggest that those prisoners who are locked away in solitary confinement often experience levels of anxiety that are similar to those who have gone through extreme trauma (Haney, 2003). Cockrell (2013) suggests that one of the primary problems with solitary confinement is the psychological toll exacted by long-term isolation from human contact. According to that research (2013), inmates suffer physical deterioration, psychological alteration, and cognitive impairment. Though researchers have not gone so far as to suggest that locking people up in this way gives them some form of post-traumatic stress disorder (PTSD), researchers describe a situation that is not too dissimilar from what individuals go through when they have been in a vehicle accident or in war (Arrigo & Bullock, 2008). Prisoners are afflicted with life-altering grief and given no resources to cope with this feeling. Far from being the kind of situation that might lead a prisoner to reflectiveness, it is, instead, the sort of arrangement that can further deteriorate the mental faculties of a person who has already made a grave mistake at some point in the past.

In addition, the research suggests that solitary confinement can produce a sort of dullness or flatness to prisoners, depriving them of their sensory emotions (Grassian, 2006). These prisoners are not physically put into a coma. Instead, their emotions go comatose and they lose the ability to feel. When compared to the effects of something similar to PTSD, this might not seem like serious consequences, but some have argued that this kind of deprivation of emotion is akin to torture. Some have even made the connection between this treatment and the sixth amendment, which protects people from cruel and unusual punishments (Rebman, 1999). The implication for Rebman (1999) is that doing something to alter a human being’s sensory ability is akin to depriving that person of his very soul and is, in a way, a form of high-level torture.

Other factors can impact an inmate’s dangerousness. Research shows that inmates left in solitary confinement experience increased anger (Haney, 1993). This anger can lead to the kind of criminality that society is looking to prevent. Perhaps more troubling, though, is the research that suggests that solitary confinement causes a breakdown in impulse control for those who are left there for an extended period of time (Lovell, Cloves, Allen, & Rhodes, 2000). The inability to control one’s emotions and actions seems like a perfect cocktail for future dangerousness. Because of this, it can easily be argued that solitary confinement makes some criminals much more dangerous when they leave prison than they were when they first stepped into a maximum security lockup situation.

It is important to note that prisons are run by human beings. When wardens and prison guards are given the almost unlimited power that comes with running a supermax unit, there exists the possibility of abuse. Tapley (2010) suggests that prison guards inflict psychological damage on inmates. Perhaps worst of all, though, is the evidence of physical beatings by guards on vulnerable prisoners. Tapley’s research (2010) shows prison guards kicking, kneeing, and punching inmates in supermax prisons. In addition, it shows prison guards slamming prisoners’ heads against the wall and inflicting abuse while prisoners are handcuffed and helpless. In addition to the other psychological effects of being locked in supermax, these prisoners can experience signs of post-traumatic stress disorder depending upon the severity and frequency of the beatings.

Some may say that these arrangements are necessary in an age of increased prisoner dangerousness. One study, however, found that solitary confinement setups, while presumably designed to keep dangerous prisoners out of the general prison population, are not really in response to an actual harm (Kurki & Morris, 2001). By that, it is meant that prisoners do not appear to be any more dangerous now than they have been in the past, when maximum security prisons were not the norm. Those authors suggest that other motives are in play, as the politics of punishment have become quite rewarding for those state and federal legislators who have been willing to enact harsh criminal reforms (Kurki & Morris, 2001).

Solitary confinement is a concept that has become popular in America, as politicians have scored political points for being “tough on crime.” Recent research suggests, though, that this practice is dangerous in its own right. It deprives prisoners of their constitutional rights, and in the process, it creates a more dangerous world for all. Supermax prisons remain a major part of the problem, and given that they have shown no ability to hold prisoners without subjecting those prisoners to unconstitutional and unethical treatment, they should be shut down.…...

Similar Documents

Premium Essay

Pros and Cons of Abortion

...Pros and Cons of Abortion Cons * You are killing a baby * Could be against your religious views * Could result in deep depression of guilt * Abortions could cause an infection in the mother’s womb, which could make it harder for the mother to get pregnant in the future * Abortions might have terrible side effects such as blocked fallopian tubes, weakened cervix, and uterine scattering. Those side effects can cause serious pain that is almost impossible to cure without an expensive surgery. * Many women who had an abortion, experience premature birth later in their lives. And we all know what that means: babies are born with extreme disabilities, whether in the physical or the psychological realm. Pros * Teens may not be able to carry a baby without dropping out of school * Rape * Women may have medical issues that prevent them from having a child without harming themselves * The women just may not be able to take care or afford the baby, especially without the help of a male or family * The pain of labor may be traumatic to the mother * The man that got you pregnant may leave you after you give birth * It may be hard for you to form a relationship with someone when you already have a child with a different man * You would have the chance to save up money for when you are actually ready to have a baby, rather than struggling financially when you have the child at an unexpected time. * The women may be rejected......

Words: 282 - Pages: 2

Free Essay

Con 090

...| CON 090FAR Fundamentals Module 1 Student Guide | 7 January 2013 | This page intentionally left blank. Table of Contents CON 090 Course Syllabus 3 CON 090 SCHEDULE Error! Bookmark not defined. Course Design – How CON 090 “Works” 3 Module 1 – Using the FAR and DFARS 3 Module 1 Schedule 3 Module 1 Homework 3 Introduction 3 Learning Objectives 3 FAR Basics .17 Organization & Arrangement of the FAR 25 FAR Research Exercise 33 DFARS Basics 35 FAR/DFARS Research Exercise 39 Deviations from the FAR and DFARS 41 FAR/DFARS/Class Deviations Research Exercise 43 Reading the FAR 45 FAR Reading Exercise 51 Interpreting the FAR 53 FAR Interpretation Exercise 55 Putting It All Together 57 Applying the Regulations .59 Appendix 63 This page intentionally left blank. CON 090 Course Syllabus A. Course Title: Federal Acquisition Regulation (FAR) Fundamentals B. Course Number: CON 090 C. Course Prerequisites: None D. CLPs/CEUs/Number of ACE-Recommended Credits: CLPs 141/CEUs 14.1/ 3 Graduate-Level Credits E. Course Manager: Don Mansfield, (619) 524-5474 a. Phone: (619) 524-5474 b. E-mail: donald.mansfield@dau.mil Performance Learning Director (HQ DAU): James W. Malloy, Jr. a. Phone: (703) 805-4365 b. E-mail: james.malloy@dau.mil F. Course Description: FAR Fundamentals (CON 090) is a resident Defense Acquisition Workforce Improvement Act (DAWIA) Level I contracting course for newly hired...

Words: 16256 - Pages: 66

Free Essay

Neil Young's Perpetually Solitary Figure

...Neil Young's Perpetually Solitary Figure When Buffalo Springfield dissolved in 1968 after a whirlwind of drug-related arrests involving Neil Young and fellow band members Stephen Stills and Bruce Palmer, many questioned what would become of the multifaceted singer-songwriter. From the ashes rose a slightly ill-at-ease Young, feeling out of place and unsure as a solo artist after his contributions to one of the first successful super-groups of the 1960's. Unpredictable as ever, accompanied by soaring strings and contemplations about his inability or lack of desire to make a deeper connection with the world, Young's prevalent themes of seclusion and loneliness boil to the surface in Self-Titled. Proving to be a richly effortless hands-on production, with an organic sound that became a solid foundation for his future songwriting, Young's “first” album is a whirlwind of emotion which showcases a raw and burgeoning artist. “Know when you see him Nothing can free him Step aside, open wide It's the loner...” (The Loner, Neil Young – Neil Young, 1969) At the forefront of an otherwise melancholy album, Young`s unabashed and powerful delivery of 'The Loner' has become one of his most lasting compositions. Widely considered to be an introspective piece, many fans and critics have placed the “Loner” label upon him in casual conversation and press articles alike. The title itself hints at what may be another lethargic downer of a song, but it is surprisingly up-tempo......

Words: 1398 - Pages: 6

Premium Essay

Solitary Confinement

...Cosper English 102 October 3, 2013 Solitary Confinement: Undefined Torture Although solitary confinement was put in place to discipline prisoners, isolation of prisoners caused more dysfunction than rehabilitation. Inmates who never experienced mental illness usually developed that problem while in solitary confinement and thus could not rejoin the general population of prison or had the ability to fully function in society. Solitary confinement would sometimes be in the best interest of the actual prisoner because of the crime that have committed might also get them killed in prison. Inmates were sometimes forced to choose, solitary confinement or fighting for their life because they did not want to get raped. Sometimes non-violent prisoners were placed in administrative segregation because they were waiting to be deported back to their country (Solitary Is Cruel). Solitary confinement emerged from religious reform instituted by the Quakers. The Quakers built the first prison in Philadelphia around 1790 and called it a penitentiary which meant to them to repent for their sins. Quakers believed that solitary confinement was better than the overcrowded and nastily kept prisons in those days. A census taken in 2009 showed there were an estimated 80,000 prisoners in solitary confinement in at least 25,000 were in U.S. super max prisons alone (Solitary Confinement). It has been shown in studies that prisoners who have been in solitary confinement for years develop mental......

Words: 929 - Pages: 4

Premium Essay

The Sorrow of a Solitary Soul

...The Sorrow of a Solitary Soul It is common to forget where the keys, the remote control, or the pen were left. It is also common to lose dreams, friends, family, and the most relevant for this poem, a lover. This world is in constant change and nothing can really last forever. The loss and the ability to forget easily will increase as the years accumulate, it just a matter of time. So why should people care?, why should people try to resist it and suffer though?, Elizabeth Bishop’s poem “One Art” deals with the dilemma and the tragedy of losing everything. Jonathan Sircy explains the poem briefly and says “In the face of overwhelming loss, Bishop appears in this first stanza to have constructed an admittedly bittersweet, but nonetheless efficacious, philosophy of survival” (2). The author applies several poetic techniques from the villanelle’s style in the poem. For example, she uses refrain and two repeated rhymes, to give a specific effect on words and produce a message of ideas to the reader. The stanzas four and six are the most relevant for the analysis and research of this poem, in order to understand its structure and the reason of the writer to work write this down. The first stanza to be explained is the fourth one, it begins with this first line that says “Then practice losing farther, losing faster:” In this line the author uses euphony to make it sound good, and emphasize certain words, so that the reader can remember the line easily. This line changes the......

Words: 2095 - Pages: 9

Free Essay

On Solitary Confinement

...On Solitary Confinement An Exploration Of An Age-Old Method of Punishment Solitary confinement is defined as the isolation of inmates and limiting their human contact in prison. From its birth in the late 1700s to its more widespread usage in recent history, solitary confinement has grown to be a considerable tool in the arsenal of the United States prison system’s methods of controlling its enormous prison population, shown by an increase in the construction of “Supermax” prisons, maximum-security prisons with units specifically designated to isolate inmates. With solitary confinement’s recent uptick in usage throughout the United States on both the federal and state level, questions have arisen about its implementation, its effects on the prison population, and its ethical implications. With it becoming apparent that solitary confinement will continue to play a large role in the United States correction system in the future, it is important to explore the answers to these questions. In this essay, we will explore these questions in order to understand solitary confinement more fully. History Defined fully as, “…confinement of a prisoner alone in a cell for all or nearly all of the day, with minimal environmental stimulation and minimal opportunity for social interaction,” (trauma of psychological torture 113) solitary confinement strives to eliminate the stimulus of senses such as sight, touch, and hearing, with the elimination of stimulus and social interaction...

Words: 2255 - Pages: 10

Free Essay

Nclb Cons

...No Child Left Behind Cons ************ ******* BCOM/275 October **, 2*** **** ********* No Child Left Behind Cons The No Child Left Behind Act (NCLB) has been a controversial topic from its start. There are passionate debaters on both sides of the arguments, each with their own validity behind their stance. Last week was all about focusing on the pros NCLB brings to the table, now lets dive into the cons. What are the negative affects? According to "Educational Research Newsletter And Webinars" (2006), " By imposing standards on students’ minds we are, in effect, depriving them of their fundamental intellectual freedom by applying one standard set of knowledge. Standardized tests oversimplify knowledge and do not test higher-order thinking skills. State standards are externally imposed on local teachers.” and “One-size-fits-all standards either dumb down instruction to the lowest common denominator or condemn low-ability students to frequent failure” (Standard-based assessments). The point this brings up is a strong one. How can the educational system except to successfully teach all students using the exact same model when it’s a well-known fact everyone has vastly different learning styles. Metaphorically, trying to shove the square through the circle whole is going to always lead to failure. The idea of having a set standard that all children should know is obviously very important, but setting down a specific guideline all kids are......

Words: 733 - Pages: 3

Free Essay

Solitary

...thích mùa đông, phim kinh dị Mỹ, thích xem: WWE, Next Top Model, MasterChef, Amazing Race, Hoa Hậu Hoàn Vũ, Hoa hậu Thế Giới, Siêu mẫu… Miss Áo Dài, Ngôi Sao Thời Trang, HotVteen và các show thực tế … 8. Thích con gái cá tính, nhanh nhẹn, sâu sắc, biết cách gây cười và biết nói chuyện, luôn nung nấu một ý định hễ mai này có người yêu, vừa cầm tay rưng rưng nhìn nhau quyến luyến thì ngay sau đó nhào vô đánh đấm túi bụi cho hả hê xong dằn mặt hỏi: “trốn ở đâu kĩ quá, làm tui kiếm mắc mệt suốt hai chục năm qua? Đánh cho chừa” 9. Hồi hộp lo lắng 1 tí là buồn ỉa, cảm giác rế rế rất khó diễn tả, từng ỉa nhà bạn bè, nhà cô giáo… có thói quen bấm điện thoại ngay cả đi vệ sinh 10. Nói bậy vãi l` nhưng tâm hồn thánh thiện, lớp 8 mới bắt đầu mặc sịp, tùy những dịp quan trọng có nguy cơ lộ hàng cao mới phải mặc 11. Rất thích nơi ở hiện tại của mình, vô cùng yên tĩnh, nó giống như một khoảng lặng giữa những ồn ào ngoài quận 1 3 5 10 12. Nhạy cảm, bướng, hay lo lắng, thỉnh thoảng tự ti, lâu lâu tự mãn, đôi khi hay tự cô lập mình, điểm yếu là sợ bị bạn bè xa lánh 13. Để ý lời nói của người khác về mình và dễ bị tổn thương về nó ( giờ đỡ nhiều rồi ) 14. Bình thường hay nói nhiều, con lúc tan nát nhất, sẽ im lặng 15. Ở trong phòng thì sống rất hướng nội còn ra khỏi nhà thì vô cùng hướng ngoại, thứ giao tiếp nhiều nhất trong ngày là điện thoại, thích tương tác với bạn bè, xem trọng bạn bè 16. Điểm tự hào nhất trên cơ thể là nhân trung, tai 17. Có khả......

Words: 642 - Pages: 3

Free Essay

Con-Side of Debate

...Con-Side of Debate Summary John Jones BCOM/275 10/19/14 Lynda Sohl Con-side of Team “A” Debate The first week of our discussion topic, there were many different and valuable point of views that were expressed. This week we were to only look at the Con-side of the discussion and see what the general consensus of our topic was. As a team we compared the facts of how bad war really is. War can cause bitterness and hatred to one another, but also divide people socially and economically. Being that this is the Con-side discussion our team made great points and really made war look the way it should, evil, miserable, and disgusting. In our pro-side discussion we mentioned that war brought certain things to a country such as money, power, and freedom. When a war is started certain things need to fall in place to maintain economic stability, the first being that the overall population stands behind you. This not only generates enough financial and political prowesses, but establishes the strength of the overall country. We have compared a few countries to one another and America is by far the greatest at achieving this goal of “Country Support”. On the other hand in this week’s discussion war can also be the demise of a country. For example when Nazi Germany seemed to expand across Europe they spread propaganda and fear in their own country. This caused their money to only go to military......

Words: 648 - Pages: 3

Premium Essay

Pros and Cons to Vaccination in Children

...Jennifer Krahenbuhl English 102 Patricia McKeown September 1st 2014 Pros and Cons to Vaccinations in Children Almost everyone has heard of the benefits and dangers of childhood vaccines. Parents are especially eager to do what is best for their child to protect him or her. Some people have different opinions on what the best specifically entails when it comes to childhood vaccines. Vaccinations are a controversial discussion as parents question whether it should be mandatory or optional when they feel the cons outweigh the pros. The government says it is the right thing to do for parents and their families to remain safe from illnesses and diseases. However, there have been opinions of opposition voiced by parents and health advocates about whether or not it is worth the risk of being sick once vaccinated and whether these vaccinations actually work. The argument on both sides range from First Amendment right issues all the way to disabling health concerns. This essay will serve to examine and elaborate both the positive and negative perspectives on vaccinations in infants and children and why certain parents hesitate in vaccinating their children. The center of disease and control prevention(CDCP) claim there are five important vaccinations every child should receive. The chicken pox vaccine, measles, mumps, rubella (MMR) Vaccine, the Hepatitis vaccine, the haemophilus influenza type B(HIB) Vaccine, and pneumococcal conjugate vaccine. The chicken pox vaccine is......

Words: 1759 - Pages: 8

Free Essay

Cons Side of Medical Marijuana

...Con Side of Debate Summary BCOM/275 - Business Communications and Critical Thinking December 4th, 2014. Willetra Brittian Con Side of Debate Summary Medical Cannabis use is a controversial topic for many people, despite its multiple benefits; people against its medical use will find the way to prohibit it in the United States. Individuals against medical cannabis have concerns regarding its risk in the immune system, pulmonary problems, hormones, mental health, and the risk of bacterial, fungus, or viral infection (National Academy of Science, 1999). Even though any patient has not confirmed this hypothesis, Scientifics investigation suggested that cannabis has no significant good or bad side effects. In addition, the use of marijuana has been shown to have a short term effect on the ability of people to think, learn, reason ad perform tasks. It is not clear if cannabis has any long term effect on the mental state or mood (Post Media News, 2011). Marijuana effects are related with drowsiness, dry mouth, and headache; can impair psychomotor skills. HIV patients are the largest group who report using marijuana for medical purposes. Medical marijuana and its active ingredient THC have been shown in some studies to decrease immune function risk of progression to AIDS in HIV-cero positive patients and to increased mortality in AIDS patients (Kebler & Dupont, 2012). Prescribe in high amounts can increase risk of heart attack within one hour of use. Medical marijuana is......

Words: 865 - Pages: 4

Premium Essay

The Solitary Reaper

...The Solitary Reaper – William Wordsworth “The Solitary Reaper” is a poem written by a well-known English poet, and a founder of the romantic movement of English literature, William Wordsworth. The poem is from 1807, the romanticism period. The poem is composed of four stanzas, with eight lines. The first and fourth stanzas have a rhyme scheme of ABABCCDD, while the second stanza have a rhyme scheme of ABAB, and the third one have a rhyme scheme of AABB. The poem has a simple structure. The first stanza describes the scene where the young girl is standing alone in a field, singing while she is reaping, and cutting grain. In the two next stanzas the speaker compares the girl’s beautiful sound with the cries of the nightingale and Cuckoo-bird. His comparison can be interpreted in two ways. The first interpretation is that the girl’s sound is so beautiful that nothing can equal its beauty and sweetness. The song the girl is singing is so sad and touching that anyone who passes by should either stop and listen, or pass gently by without disturbing her, Stop here, or gently pass!, (p.93 l.19). The second way is that the words the girl is singing is in a language unknown to the speaker, and he cannot understand what the girl is singing about, he just assumes what she might be singing about, Perhaps the plaintive numbers flow /For old, unhappy, far-off things/ And battles long ago:/ Or is it some more humble lay / Familiar matter of to-day?/ Some natural sorrow, loss, or...

Words: 862 - Pages: 4

Premium Essay

Con Law

...to get too far. Intimacy w/in marriage doesn’t create a broad right to privacy, but only one for what married couples do in their own home. Could, for example, have tried to define this as a right of intimate association. Problem there however, is that it would not have the longstanding tradition to back it up, and thus may not be that “deep” a right…. iv) Point is that the way one construes a tradition (broadly or narrowly) becomes outcome determinative. THIS is what Black was worried about. Fear that traditional values (held by judges themselves) would creep in and color judgments. Harlan however, disagrees, b) The Abortion Case 1) Abortion in the US is a very controversial issue. But from a Con Law course, it’s controversial from a LEGAL perspective from two perspectives: a) From standpoint of judicial craftsman/argumentation, is Roe v Wade acceptable? Does it make its case? b) Was this the business of SCOTUS at all? Should SCOTUS have been involved here at all, or did this one belong to the states? 2) THESE are the two big complaints (legally) against Roe v. Wade. 3) Roe (1973) a) Jane Roe, an unmarried pregnant woman, brought a constitutional challenge to the Texas abortion law, which criminally prohibited abortions except to save the mother’s life. b) A three judge district court invalidated the law providing the state with an appeal right......

Words: 52904 - Pages: 212

Free Essay

Pros and Cons

...will ideally make the entire industry more competitive. Also, insurance companies are now required to post their balance sheets, executive compensation, and administrative costs online. Insurance companies will have to accept everyone. No more pre-existing condition exclusions. They can’t place limits on coverage anymore, either. Cheaper prescriptions for seniors. It’s reform. We need reform. We’re in a situation where healthcare is even becoming unaffordable to employers, leaving employees with higher out-of-pocket expenses even if they’re ensured. Healthcare costs have jettisoned innumerable people from the middle class. People get sick and die because insurers won’t take them. This isn’t functional. Any kind of reform helps. Cons Cuts in Medicare. The elderly on Medicare will see their benefits changed dramatically. The biggest item being used to pay for the new program is more than $500 billion in cuts to the program at a time when 72 million baby boomers become eligible for it in the next decade. The second biggest move to pay for this is by raising and expanding the Medicare tax. Costs. Any way you slice it, adding another $940 billion to the deficit is not a good thing for the US economy. Yes, the Congressional Budget Office said that healthcare would actually reduce the budget deficit, but nobody really knows what will happen. No new incentives for primary care physicians. Physicians are increasingly turning to specialties as a way to pay off......

Words: 434 - Pages: 2

Premium Essay

Cons

...Patricia Gomez Kumara R. ENG4C1-02 2016-02-10 The Cons of Single Gender Schools Single gender schools are a bad idea for an educational system because they don’t prepare their students with the necessary skills to be thoroughly ready to face the world after high school. In any educational institution, we are expected to learn some of the most crucial skills needed to survive in a world where its important to know how to strive for success and the different ways you can do it. Some of these skills we acquire them on our own, however some of them we learn by being exposed to different situations or we learn them in school which is the place where we are prepared for what’s to come after high school. Now, single gender schools do not fully fulfill this demand as they do not have the same advantages coed schools may have. Correspondingly, single gender schools do not prepare their students to interact with the opposite sex which is something they will need as they will not always be around the same gender. Aside from that, specific genders are not exposed to the different ways of learning that one must know in order to succeed in the later stages of life. But also, the outside world is a rough place for individuals who are not realistic of the misconceptions of the opposite gender and the stereotypes that go accordingly to their sex, and its important to be aware of them, as it builds your confidence and you are more knowledgeable. Furthermore, this essay will prove that single......

Words: 1536 - Pages: 7