Tuesday, August 6, 2019
Regulatory requirements Essay Example for Free
Regulatory requirements Essay Explain how you identify the regulatory requirements, codes of practice and relevant guidance for managing concerns and complaints in own area of work The complaints policy for Enfield Connect Mental Health Floating Team One Support outlines the following aims: To resolve concerns / complaints as quickly and effectively as possible, through an informal response by a frontline member of staff. If this is not possible then through a more formal investigation and conciliation in an open and non-defensive way to ensure that all concerns / complaints are dealt with in accordance with these procedures. To ensure that staff, customers and relatives/carers are aware of the policy and procedure. To improve quality of service by identifying lessons learned from complaints locally and nationally and by implementing improvements in service using the lessons learnt. To uphold even-handedness for both staff and complainant alike. To help all health professionals to feel they can be open in their communications with patients whenever mistakes are made and to not be reluctant to apologise. As a member of the front line staff I make a point to highlight to the customers on ad mission the section of the ‘Customers Welcome Pack’ about expectations on how complaints will be dealt with. This reads as follows: ‘Please be assured that any complaint you make will be taken seriously and handled sensitively and efficiently. An initial acknowledgement will be received within 2 working days and a full written response, following a thorough investigation, will be sent within 20 working days. If for any reason this cannot be achieved then you will receive written communication informing you of this. In the first instance we would encourage you to speak to the Team Manager to hopefully resolve the matter quickly. If this is not appropriate for any reason then please contact the Senior Team manager. The name and contact details of the Team Manager and Senior Team Manager are available in the Customer Welcome pack’.
Monday, August 5, 2019
Biopsychosocial Model of Health Case Study
Biopsychosocial Model of Health Case Study Case Based Essay The biopsychosocial model of health (Engel, 1977) claims that health and illness are: the product of a combination of factors including biological characteristics (e.g. genetic predisposition), behavioural factors (e.g. lifestyle, stress, health beliefs), and social conditions (e.g. cultural influences, family relationships, social support). (Marks et al,2005). The biopsychosocial model takes into account that each patient is completely different and as a result they are affected differently by each biological, psychological and social happening. (Atkinson et al, 2005). The biomedical model of health however sees the patient as a biological entity which has developed a fault; this model leads people to believe that all patients with the same injury/pathology will respond the same to treatment and in the same amount of time. (Atkinson et al, 2005). The main difference between these two models is the role of the patient and practitioner in each. The biomedical model sees the patient as person who has to take orders from the practitioner. The biopsychosocial model sees the treatment as a negotiation between the practitioner and patient. (Annandale, 1998) The type of model a practitioner uses will greatly impact on the eventual outcome of the patient. In the case of Mrs. Chatsworth the biopsychosocial model of health would be the best approach to take when coming up with an effective treatment plan for her as there are many biological, psychological and social factors that a practitioner will have to contend with. This essay will explore these different biological, psychological and social factors that will face Mrs. Chatsworth throughout her treatment as well as the implications for her practitioner. There are a number of biological factors affecting Mrs. Chatsworth, some resulting from the total joint replacement in her right hip six weeks ago and others stemming from osteoarthritic changes which have been occurring for a number of years. According to (Moskowitz et al, 2007) osteoarthritis diseases are a result of both mechanical and biological events that destabilize the normal coupling of degregation and synthesis of articular cartilage chondrocytes and extracellular matrix, and subchondral bone. Mrs. Chatsworth experiences osteoarthritis in her knees, hips and shoulders. It was these changes in her hip joint that led to her having a total hip athroplasty. Daily activities such as shopping would be difficult for Mrs. Chatsworth as the osteoarthritis in her shoulders will make it difficult for her to carry shopping bags. Another biological factor to be concerned with, when dealing with Mrs. Chatsworth is the residual knee and thigh swelling as a result of the hip replacement. à ¢â‚¬Å"Wounds that failto heal in the expected time range are generally referred to as chronic.†(Shamely, 2005). Swelling present at this stage post-operatively would indicate chronic inflammation in the knee and thigh region. â€Å"Chronic inflammation must be replaced by acute inflammation for healing to occur†(Shamely, 2005 pg 4). This swelling has decreased the range of motion in her knee as it will be painful to move it. Mrs. Chatsworth is only partially weight bearing, with her knee slightly flexed and as a result requires elbow crutches to get around. This will affect Mrs. Chatsworth ability to climb stairs, which she has to do daily as her apartment is on the first floor of a building which has no lift. Her right hip is still very stiff after the operation; this again will affect her ability to get around. Also the therapist will have to be aware of the post operative guidelines when forming a plan, adduction and internal rotation of the hip are limited by these . Another issue facing Mrs. Chatsworth is weakened muscles in the thigh region; her right and left quadriceps have very little definition or bulk, also in her right leg there is a significant reduction in her gluteal muscle group, which are very important muscles involved with the movement of the hip and knee joint, her practitioner will have to prescribe strengthening exercises for these. According to (Schult et al, 2005 pg420) â€Å"the hip and gluteal muscles have evolved into massive and powerful movers and stabilizers of the femur counteracting the loads imposed by support of the whole body weight on two limbs and maintain balance and stability during bipedal locomotion.†This means that Mrs. Chatsworths balance is decreased as a result of this muscle atrophy and her practitioner will have to plan for this. Mrs. Chatsworth is also taking Atenalol for high blood pressure; this will affect her as over exertion may cause further injury. The practitioner will have to ensure that he/she makes a treatment plan that is effective but at the same time not too physically demanding on Mrs. Chatsworth. When dealing with Mrs. Chatsworth case the practitioner will have to look closely at the psychological and social factors which will have a bearing on her treatment e.g. treatment time and the eventual outcome of this treatment. Mrs. Chatsworth may be depressed or stressed over the death of her husband six months ago; this may have an adverse effect on her rehabilitation. The practitioner will have to realise that because Mrs. Chatsworth is lonely her motivation to follow a recovery plan may be somewhat limited. On the other hand Mrs. Chatsworth is worried about being a burden on her daughter who will have less time on her hands soon as her children will be on holidays from school, so this may give her added drive to recover quicker; this may lead to Mrs. Chatsworth causing further injury to herself by over working to recover. This issue will may lead to Mrs. Chatsworth trying to perform daily tasks which she was not able to do post-operatively. Another obstacle for the practitioner to overcome is Mrs. Chatsworths fear of weight bearing on her right leg. Her therapist will have to encourage and reassure her, walking behind a while there taking their first fully weight bearing steps can be a great form of reassurance to a patient. (Stein-Parbury, pg209) highlights this- â€Å"the presence of another human being is reassuring in itself, especially during times of disquiet.†Mrs. Chatsworth also has two cats which she may be overly attached to; a problem may arise as looking after them may put extra pressure on her during her recovery. As well as these psychological factors there are also a number of social factors that the therapist will have to incorporate into his/her plan for Mrs. Chatsworth. The fact that Mrs. Chatsworth is recently retired will give her more time to focus on her recovery plan; also there will be no pressure on her to be fit to go back to work. As her daughter lives close by, only five miles away, this will alleviate some of the pressu res on Mrs. Chatsworth such as shopping, cleaning and other common daily activities. Also her living conditions as mentioned earlier, living on the first floor and having to use stairs to go to and from her apartment will affect her recovery as it may be an incentive to follow her recovery plan. To conclude, this essay identified the different biological factors that affected Mrs. Chatsworth such as loss of range of movement, swelling and osteoarthritis. Also this essay highlighted the different psychological factors affecting her such as stress, the fear of being a burden to her family and the fear of weight bearing on her right leg. This essay also highlighted the different social issues that will affect her recovery. All these factors were related to the therapist will manage Mrs. Chatsworths case and what the eventual outcome will be.
Sunday, August 4, 2019
Using Nature to Relieve Stress Essay -- Emotions Environmental Essays
Using Nature to Relieve Stress Hectic and busy lives seem to be the norm and a major part of today’s world. People are always rushing to get things done, whether it is a project deadline or just keeping up with the pace of life. These time constraints are usually related to external influences in our lives – work, school, traffic, family, friends and/or life in general. All these factors create drama in life and lead to stress; however, some people have higher levels of stress than others. Stress is not healthy; in fact, it has been proven to cause serious health problems such as heart disease, high blood pressure, depression and even death. Sometimes, people just need to get away from the stresses of life, do something different and just RELAX!!! This may involve taking a day off from work or the stressor in life, going to the beach or some other place, getting a massage, or anything else to escape the stressor. What many people do not realize is there is something usually not far away that c an relieve stress – nature. For many people nature is the number one way to relieve stress. There are numerous videos, cassette tapes and CD’s on the market that show nature scenes and/or play nature sounds. One might ask why. Well, the answer is that nature tends to be peaceful, calm and relaxing. It is a place where someone can get away from the madness of a busy life. There are many companies and individuals trying to sell all kinds of things to get people to relax and â€Å"de-stress†their lives. In addition to the videos, tapes and CD’s, there is an abundance of marketing strategies to relieve stress including: counseling, exercise or health clubs, pills, massage therapists and health spas. All this â€Å"stuff†can becom... ...ess, which in itself, may create more stress from the financial burden. Nature is basically free – all one has to do is get there. For most people, it is right in their back yards, and they may not even be aware that it is so close. Many large cities are creating greenways and natural areas with trails so that people can escape the hectic rush of city life and get back to nature. This is also a positive way of helping with pollution by having more trees to provide oxygen. You can just sit and relax, let your senses soak up nature, or take the verbal approach and scream out your stress. Whatever you choose to do, don’t bash nature as a way to relieve stress until you try it. Ultimately, stress is harmful and can have long-lasting physical and emotional effects on a person. Just do it - believe it or not, nature may be the one thing that can relieve stress.
Saturday, August 3, 2019
Parenting Education Essay -- Parenting
In a perfect world, every child would be wanted and loved, and all parents would have the capacity and the desire to raise children who are healthy, mentally and physically strong, and displaying high moral integrity. Sadly, this is not the case. Some parents are, unfortunately, not interested in what happens with their children. Other parents are not pleased with what is happening in the home with their children but do not know what to do to create effective change. Still other parents are unaware that there is another way, a better way, of parenting. Parent education could help in all of these scenarios. Studies reviewed showing that positive parenting through parenting education is an intervention that improves the quality of the relationship that parents have with their children; as well as, improving their children’s social behavior. There are a number of other teaching programs that have been particularly effective when delivered to motivated parents. Motivated parents seem to be a key to success in education programs. There has been little study of the success of programs that serve as interventions aimed at preventing and stopping a wide range of antisocial behavior of children in their teens. There have however been assessments assessed though results of troubled teenagers and the risky lifestyles that have led them to get into trouble. These older children come from broken homes with poor parenting interaction. Risky lifestyles can be gang related activities, drugs/alcohol, and truancy).There seems to be a lack of satisfactory friendships, support systems or supervisio n in these children’s lives. There are, of course, problems associated with delivery of parenting programs; the greatest challenge is getting paren... ...nteractive part. Works Cited Barna, Jennifer S., and Brott, Pamela E. â€Å"How Important is Personal/Social Development to Academic Achievement? The Elementary School Counselor’s Perspective.†Professional School Counseling 14.3 (2011): 242-249. Brannon, Diana. â€Å"Character Educationâ€â€a Joint Responsibility.†Education Digest 73.8 (2008): 56- 60. Parker, David C., Nelson, Jennifer S., and Burns, Matthew K. â€Å"Comparison of Correlates of Classroom behavior problems in schools with and without a school-wide character education program. Psychology in the Schools 47.8 (2010): 817-827. Reinberg, S. (2010). U.S. kids using media almost 8 hours a day. HealthDay News January 20, 2010. Scott, Stephen; O’Connor, Thomas G.; Futh, Annabel; Mathias, Carla; Price, Jenny; and Doolan, Moira. Child Psychology & Psychiatry 51.12 (2010): 1331-1341.
MIS PROJECT :: essays research papers
CONFIDENTIAL MIchigan Supply Inc. Information Systems Initial Plan for Year 2005-20008 CONTEXT MIchigan Supply Inc. (MIS Inc.) is a privately-held automotive parts supplier of a variety of products such as electronics, solenoids, wiring and fuel components. The company is currently located in Rochester Hills, Michigan. INITIAL COMPUTER SYSTEMS MIS is currently separated into 5 departments: Manufacturing and Production with engineers, machine workers and production managers; Finance and Accounting with accounts; Human Resources with human resources staff; Sales and Marketing with salespeople, sales managers, customer service representatives; and Upper Management with secretaries and executives. Required systems and job Functions Each department has its required systems and different job functions which as listed below: o     Manufacturing and Production information systems  §Ã‚     Machine control system to control the actions of machines and equipment  §Ã‚     Production planning system to decide when and how many products should be produced  §Ã‚     Facilities location system to decide where to locate new production facilities  §Ã‚     Graphic system for engineers to design or improve products o     Finance and Accounting information systems  §Ã‚     Accounts receivable system to track money owed the firm  §Ã‚     Budgeting system to prepare short-term budgets  §Ã‚     Profit planning system to plan long-term profits o     Human Resources information systems  §Ã‚     Training and development system to track employee training, skills, and performance appraisals  §Ã‚     Compensation analysis system to monitors the range and distribution of employee wages, salaries, and benefits  §Ã‚     Human resources planning system to plan the long-term labor force needs of the organization o     Sales and Marketing information systems  §Ã‚     Order processing system to enter, process, and track orders  §Ã‚     Pricing analysis system to determine prices for products and services  §Ã‚     Sales trend forecasting system to prepare 5-year sales forecasts o     Upper Management information systems  §Ã‚     Executive support systems to address non-routine decisions requiring judgment, evaluation, and insight; and to filter, compress, track display critical data of greatest importance to executives. Equipment and configuration Currently MIS has 12 machine workers so we need at least 35 workstations. Initially there should be a black and white printer for each of 5 departments and color printers available for engineers, executives and salespeople. Required server services include email, file storage, printing, backup functionality and battery backup system. In addition to the 4 laptops executives currently have, 5 more should be purchased for salespeople for mobility. Equipment to be purchased should be the latest models which are capable of providing the 3 years of services and growth. Fig. 1 shows the company infrastructure configuration. We expect to have 50k to spend on 35 workstations ordered from Dell, 10k on 8 printers from Hewlett-Packard, 200k on server equipment, which should cover the costs of battery backup network switches, servers, tape storage device, serve/workstation software licensing, and 10k on 5 Toshiba laptops for salespeople.
Friday, August 2, 2019
Public Education Essay
A free public education is one of the many aspects of American culture that makes it one of the most desirable countries in which to live. In fact, education in America has been a standard duty of the government, particularly the states, since public schools were begun in the days of the pilgrims and pioneers. Unfortunately, as the years progressed, education became more complex and more rigidly structured. Conversely, achievement seemed to lag behind the acceptable level. Therefore, learning for learning’s sake was replaced by the trend towards higher and higher standardized test scores. Bush’s No Child Left Behind (NCLB) mandate pushed schools and teachers into greater accountability processes. Schools created scripted curriculum guides that left little room for creativity. The competitive march towards the highest scale score was on!            Unfortunately, to the school systems, its employees and its students, failure to march properly carried stiff penalties. Schools faced a variety of sanctions if scores did not rise to the appropriate level or at the appropriate rate. First, schools faced state or even federal intervention. Evaluative and prescriptive teams would enter the schools to mandate changes in policy, curriculum and even staffing. Another obstacle was parental choice. For the wealthier, private schools have been an alternative to lagging public schools for years, but in the early 1990s, the school voucher plan made this option viable to a wider spectrum of families. Ultimately, the voucher propositions never passed the state legislatures (Pipho, 1994). A few years later, charter schools developed outside the sphere of both public and private schools. These charter schools developed as a way to reform schools and received funds from private organizations and business. The idea took off even though researchers are quick to note that charter schools have done little to raise test scores (Vine, 1997)  Lastly, the idea of merit pay directly appealed to the pocketbooks of teachers and administrators by offering monetary reward for good scores. While observers feel it is wrong to base a teacher’s pay just on his test scores, researchers feel that â€Å"because the amounts involved are relatively small, it’s worth experimenting†¦Ã¢â‚¬ (Keller, 2006). Each of these new options moved American education closer and closer to the idea of privatizing schools.            The privatization of schools has now expanded to include the realm of educational consulting. These high-paid individuals are hired by the school systems to aid individual schools in planning strategies for curriculum, classroom management, discipline, finance, and teacher recruiting, to name a few (Sheffer, 2002). In 1994, the Minneapolis school system became the first to hire a consulting firm to run their district. In California, the state superintendent of public instruction was a man who had a background in business as a consultant who helps financially ailing corporations (Pipho, 1994). In 1997, Phyllis Vine reported that twenty-eight states had passed legislation to provide for the hiring of management companies. In the last nine years that number has grown, with both positive and negative reactions from the customers. Teachers complained that the new curriculum was too restrictive and gave them no freedom to teach what they wanted. The consultant responded by asserting that restrictiveness was needed to get the teachers, kids and schools back on track (Hayden, 2005).            The decision to link private business to school systems does make sense for some. Sheffer notes that â€Å"the obvious similarities between academic work and consulting are the emphasis on analytic thinking, writing and the focus on research†(2002) Thus, more and more states are turning to educational consulting firms to help them refocus on their educational goals. On such state is Mississippi. Mississippi, as a state, has typically been at the bottom of lists comparing states’ educational achievements. In the 2005 Smartest State rankings published by Morgan Quitno Press, Mississippi fell two spots from the previous year to 49th (â€Å"Vermont,2005†). Spencer, (2004), attempts to explain the state’s low achievement and scores by pointing to the socioeconomic and achievement gaps between white students and minority students. Even in younger grades, the black and Hispanic subgroups lagged behind the white students in language and reading. In middle school, the gap widened alarmingly. Ninety-six of white students scored at proficiency or better in language, and 94% scored at this same level in reading. But Hispanic students’ numbers were 9 percentage points lower in both areas than whites, while black students were 8 points lower in language and 19 points lower in reading. He goes on to note that the problem got progressively worse in the 1990s. Overall, by high school, â€Å"only one in 50 Hispanic and black 17-year-olds can read and gain information from specialized text-such as the science section of a newspaper – compared to about one in 12 white students†(Spencer, 2004). Yet, when education officials like Randy McCoy, who is the Tupelo Superintendent, are confronted with these figures, they are quick to point out that students of all races do well and students of all races do not do well. The fear seems to be that teachers will be accused of teaching students of different races differently. Yet, Mike Walters, who is a former Tupelo Superintendent, agrees that the achievement gap is due to a difference in expectations. He points to the strongest teachers and notes that their students, regardless of race and socioeconomic status, achieve. Walters offers, â€Å"We are not expecting students to achieve, and expectations are everything†( Spencer, 2004).  The Tupelo district is about 65 % white with most students from lower income homes.  Its scores have held steady in the low 80% passing range with an odd surge into the mid 90s in 2003 (â€Å"Mississippi DOE Test Data†). JBHM has recently started working with the Tupelo Municipal schools. (â€Å"Experience,†n.d.). One way Mississippi is trying to combat their ailing system is by restructuring its testing program. In September of 2000, the Mississippi Board of Education (MBOE) approved State Board Policy IHF-1. IHF-1 changed the graduation requirements beginning with the freshman class entering in 2000. Among the requirements was to pass the subject area test English II, generally administered in the 10th grade. Thus, the first available scores for the class entering in 2000 were recorded in 2001 (â€Å"MBOE,†2000). This group was expected to graduate in 2004. Another way is by hiring a local educational consulting group to help them work with curriculum. Former Tupelo Superintendent, Mike Walters is now a consultant with the JBHM Education Group in Jackson.  JBHM is a general consulting agency that also operates the JBHM Education Group, LLC.  This group was opened in 2000 as â€Å"an educational management services company with a mission of assisting school communities in their efforts to better organize themselves, and, in turn give the families the support needed to ensure the success of their children†(â€Å"Services,†n.d.). According to the group, the consults go into the schools and analyze the areas of need as specified by the hiring body. They then, if directed, design a curriculum fashioned after Robert Marzano’s â€Å"viable curriculum,†one of his eleven factors of student achievement (Marzano, 2003) JBHM’s mission was developed by Mike Walters and cofounder Gary Bailey. It is simply â€Å"to enhance a school’s ability to prepare children for success†(Vickers, 2005. p. 3). JBHM has focused recently on developing curriculums for algebra, biology, English, United Sates history and middle school math. Walters says, â€Å"These are highly-structured, full-blown plans that start with day one and go through the end of the school year†(Vickers, 2005, p. 3) JBHM, as of their most recent website posting, serves 34 school districts in Mississippi. The do work in other states, including their contract deal of March 2006 totaling 1.6 million dollars to work with the Caddo School District in Louisiana (Brumble, 2006). They achieved this contract by boasting statistics that ninety percent of the schools they assisted showed a rise in test scores (Brumble, 2006). Undoubtedly numerous Mississippi schools are on this list. According to the Mississippi Board of Education Agenda from September 10, 2004, a contract was approved with the JBHM Education Group to â€Å"assist in providing technical assistance to implement the school improvement process in Priority Schools (â€Å"MBOE,†2004). As explained in a news release dated December of 2004, â€Å"Schools that do not meet achievement goals or show expected academic improvement receive a ranking of Level I (Low Performing) with the lowest of these deemed ‘Priority Schools’ † (â€Å"Town Meetings†¦, 2004). Part of the new Board Policy IHF-1 makes passing the English II test required for graduation for the graduating class of 2004, who were first tested in 2000/2001 school year. These first scores were used for developing scale scores, according to the Mississippi Statewide Testing Program website. The English II test, which replaces the previous language and reading tests mentioned in earlier, has been consistently difficult for low achieving schools in Mississippi. Betty Rose Breazeeale, the Lamar County testing coordinator, agreed by saying that she recognized the need to work on the English II, adding that â€Å"It is our lowest score, and I think that’s a statewide problem†(Mees, 2005). According to the Mississippi Department of Education Subject Area Content Test website, the English II test  measures knowledge of language conventions, reading comprehension and effective writing skills†¦The test consists of two separate administration: English II Multiple Choice and English II Writing†¦The 85 multiple-choice, passage-based items are divided into two sections: Language Conventions and Reading Comprehension. The writing test includes four writing prompts – two narrative mode prompts and two informative mode prompts. Students will select and respond to one of the narrative prompts and one of the informative prompts.            Even though the MBOE approved the contract for JBHM to consult in Priority Schools statewide in 2004, some districts had already contracted its services well before then. These districts paid for the services themselves through grants or other local funding mechanisms. The Tunica school board hired JBHM Education Group for the 2000/2001 school year (Hayden 2002). The Hinds district is actually featured on the JBHM Education Group website, boasting its rise in scores from 2001 to 2003. Others, like the North Bolivar and Neshoba joined the club as a result of the Priority School initiative administered by the MBOE.            All scores on the English II tests may be compared to the figures reported on the Mississippi Statewide Testing Program website administered by the MDOE. They report figures for 2002 as 70% passing the multiple choice reading and 84% passing the narrative/informative writing test. In 2003 these percentages rose to 78 and 94 respectively, and settled into 85% and 84% narrative/89% informative for 2004. It should be noted that in 2004, the state began reporting the writing portion of the test as two separate scores, listing the narrative first, then the informative. Analysis seems to indicate that scores dropped slightly when this shift took place with the greater drop being in the narrative score (â€Å"MDOE Test Data†). One of the first schools to take advantage of the JBHM consultants, the Hinds AHS school is worthy of its spot on the JBHM website.  Hinds County School District is a fairly large district. Hinds AHS is described as a rural, integrated school with an average to below-average socio-economic base (â€Å"Hinds AHS,† 2006). Beginning with passing rates at only 18% on the English II multiple choice test and 40% on the writing portion when JBHM came aboard, they jumped to 22% and 55% respectively in one year and, from there, to 77% and 92% respectively in the second year ( â€Å"MDOE Test Data†) . For the county itself, which contains seventeen high schools in the area of Clinton, Mississippi, the scores went from passing rates of 72% (reading) and 75% (writing) in 2001 to an 81% in reading and a an 83% in writing (â€Å"Mississippi Test Data†). In the JBHM-operated school (Hinds AHS), more remarkable gains were noted, while other high schools showed less of an improvement. It is hard to deny Hind AHS’s phenomenal rises in English II scores. They started out well below the rest of the county and ended up with a passing rate higher than the district average. The Tunica district, an even more rural, plantation area of Mississippi has a past that is â€Å"rooted in Tunica’s plantation lifestyle and its racial separatism. Tunica is a tiny white island in a majority black county†(Parker, 2002).   Rose Fort High school, associated with JBHM since the onset of the new testing requirements, is comprised of extremely poor black students with only 1 % white and 1% other racial students (â€Å"Rose Fort High,†2006).  JBHM director Mike Walters recognizes how Tunica’s social issues are reflected in its education when he says, â€Å"Tunica is in a community-building stage right now. They are divided racially still. You can’t just dump money in a community like that and expect things to happen. It’s going to take a long, long time. (Hayden 2002). Despite its circumstances, however, this single Tunica high school has also made some significant gains in English II scores. The data was not recorded for 2001, but the 2002 scores of 33% passing on the multiple choice portion and the 57% passing on the writing portion jumped to 54% and 83% respectively in only one year (â€Å"MDOE Test Data†). Again, the advances are astounding. Lamar school district also serves a rural county. It, like Tunica, far exceeds the state average of students on free and reduced lunch, which is generally the yardstick for measuring the socioeconomic population of a school.  The only difference is that students in Lamar are predominantly white.  Only one high school of the four reflects a more integrated population (â€Å"Lamar High Schools, †2006).  Their English II scores have shown growth as well. The reading and writing scores have risen from the 87 and 89 percent passing to highs of 92 and 95 percent passing in two years with an odd dip in the reading multiply choice scores in 2004. (â€Å"MDOE Test Data†). Even though Lamar began in a less desperate situation, its gains with the help of consultants are also significant. Though the percentage gain seems less impressive, most educators realize that gains like this are harder to achieve as students scores improve and that each subsequent gain is definitely cause for celebration. Neshoba school district located in Philadelphia, Mississippi, is a more integrated district that has shown gains through the use of consulting. Classified as a small town district, the students in Neshoba’s four high schools are more integrated than those in Lamar or Tunica . While more students than the state average qualify for free or reduced lunch, they are socioeconomically better off than Lamar or Tunica students (â€Å"Neshoba County,†2006). Paid for by a NCLB grant, JBHM began consulting in Neshoba County for the current, 2005/2006, school year to aid primarily with English II and Algebra I in its high schools (Edwards, 2006). The county’s English II scores in 2002 were 67% passing in reading and 76 % passing in writing. The scores rose in 2003 to 85% and 89% respectively, but then in 2004 rose to an 89% in reading but fell to 86 % in writing (â€Å"MDOE Test Data†). Some schools fared worse than others.            The system hopes to post scores in the 90s with the consulting firm if the teacher can get on board. Joey Blount, principal of Neshoba Central High School, admits to Edwards that the presence of the consultants and the frequent observations make his teachers nervous. â€Å"Anytime you’ve got people coming to observe your work, it’s going to be an uncomfortable situation†(Edwards, 2006). Superintendent for curriculum and instruction Beth Jackson concurs. â€Å"Change can be very difficult for a lot of people, but in some areas we needed change. We weren’t happy with our test scores. I think they (the teachers) realize we needed to change, but some are better at it than others (Edwards, 2006).            Likewise, the administrators in Moss Point and Meridian Schools are also impressed. Tressie Harper, Moss Point Superintendent, is proud of the gains made in her students’ English II scores. Moss Point has been working with JBHM since 2003 and in that time has noticed a steady increase in reading scores from 55% in 2002 to 60% in 2003 to 63% in 2004 (Vickers, 2005 and â€Å"MDOE Test Data†) to 75% in 2005 (â€Å"Moss Point High School,†2005). As in Neshoba and Lamar, the writing scores seemed the most erratic rising from 74% to 91% to 71% to 75% in the same four years (â€Å"MDOE Test Data†and â€Å"Moss Point High School,†2005). Perhaps this could be explained by the aforementioned change in the reporting of writing test scores in 2004. It is possible that the focus of the test shifted slightly at that point as well.            Likewise, the single Meridian high school shows similar improvement in English II with a three year rise in percentage passing scores from 2002 to 2004 from 57 to 74 to 77.  The writing scores showed a similar rise (â€Å"MDOE Test Data†). Sylvia Autry, Meridian Public School Superintendent claims that she has worked with several educational consultants and that JBHM has been the â€Å"most focused†(Vickers, 2005, p. 3). Both Moss Point and Meridian are characterized by a slightly higher black than white student body with the majority on free and reduced lunch (â€Å"Moss Point High School, †2006)  and â€Å"Meridian High School†).            North Bolivar is another recent addition to JBHM’s client list. A year ago, the MBOE asked the Governor to deem the North Bolivar School District a state of emergency. This designation is reserved for school districts that have over half of the schools meeting Priority School status. State Superintendent Hand Bounds issued to investigations and concluded that the students’ needs were not being met (â€Å"Mississippi Board†¦,†2005). North Bolivar is an exceptionally poor small town district which is 97% black.  Its reading scores have barely reached 80% (â€Å"MDOE Test Data†). Score released in 2006 will tell whether or not JBHM will be successful there.            Clearly JBHM consulting or any consulting agency is not necessary for all school districts. Wealthier more urban areas such as Jackson and Laurel counties consistently post English II scores in the high 80s high 90s.  However, when one compares the multiple choice  scores of Hinds AHS (77% reading), whose population is significantly more challenging based on socioeconomic factors, to Jackson’s (85% reading) , the aforementioned achievement gap appears to be closing. The exact role that JBHM plays in this factor is undetermined since all factors cannot be factored in statistically. For example, the threats of school closings and consolidations due to a lack of funds plague systems across the country as will as in Mississippi. One mother in Lamar district commented about the dip in Lamar’s 2004 reading scores; â€Å"They [the students and teachers)] went through so much with the school closings†¦Everybody here was upset. The teachers were upset. If it weren’t for that fear, the scores probably would have been just as good as last year [2003]†(Mees, 2005). In addition, the 2005 hurricane season devastate education in many parts of Mississippi. About 160,000 students in 271 public schools in 44 school districts in the path of the hurricane have been impacted, said Steve Williams, special assistant to the state superintendents. State Superintendent Bounds said that some schools were unable to have classes for 2-3 months. Some schools were completely destroyed (Hayden, 2005).  Clearly this crisis would impact test scores at all levels.            One thing is clear. Schools are in need of support services from somewhere. Initial data seems to indicate that consulting firms, while not the perfect answer, do provide the structured support that some schools need. Their exorbitant costs will be prohibitive for some school districts, but perhaps with grant programs, they may still benefit from their services. As the first decade in 2000 pulls to a close, school reform will be steadily underway. The extent of the change and the consultant’s role in it remain uncertain, but hopeful. References Brumble, Melody. (2006). â€Å"Caddo School Board Debates Merits of Consulting Proposal.†           The Shreveport Times. Retrieved March 29, 2006 from www.shreveporttimes.com/            Apps/pbcs.dll/article?Date=20060321&Category=NEWS†¦. Edwards, Jeff. (2006). â€Å"Neshoba Schools Employ Consultant to Improve Scores.† The            Neshoba Democrat. Retrieved March 28, 2006 from www.neshobademocrat.com/            print.asp? ArticleID=12190&SectionID=2&Subsectional. â€Å"Experience.† JBHM Education Group, LLC. Retrieved on March 26, 2006, from            http://www.jbhm-edgroup.com/experience Hayden, Cathy. (2002). â€Å"Schools and More Money: Plenty of lessons learned.† The Clarion- Ledger. Retrieved on March 29, 2006, from http://orig.clarionledger.com/news/0210/14/m01.html. Hayden, Cathy. (2005). â€Å"Angry Parents Want Shelby Schools Chief Fired.†The Clarion-Ledger.            Retrieved March 30, 2006 from http://www.clarionledger.com/apps/pbcs.dll/article? AID=/20051113/NEWS/511130388/1†¦. â€Å"Hinds AHS.†(2006). SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html Keller, Bess. (2006). â€Å"Florida Ready to Demand Bonuses Based on Test Scores.† Education            Week. Retrieved March 30, 2006 from http://www.edweek.org/agentk-12articles2006/            02/22/24fla.h25.html?print=1. â€Å"Lamar High Schools.†(2006). SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html Marzano, Robert J. (2003). â€Å"11 Factors.† What Works in Schools. Retrieved March 30, 2006  from http://www.whatworksinschools.org/factors.cfm. Mees, Reuben. (2005). â€Å"Area Schools Show Mixed Results on Tests.†Hattiesburg American. Retrieved March 29, 2006, from http://www.hattiesburgamerican.com/apps/pbcs.dll/article?AID=/20050818/NEWS01/50 8180301/1002&template=printart. â€Å"Meridian High School.†(2006). SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html â€Å"Mississippi Assessment and Accountability Reporting System.†(2006) Mississippi Department of Education. Retrieved March 30, 2006, from http://orsap.mde.k12.ms.us:8080/MAARS/indexProcessor.jsp. Mississippi Board of Education. (2000). Graduation Requirements. (State Board Policy IHF-1            New Graduation Requirements). Retrieved March 29, 2006, from http:///www.mde.k12. Ms.us/ACAD/ID/newgrad.html. Mississippi Board of Education. (2004).  Agenda. Jackson, MS: 4th Floor Boardroom Central High. â€Å"Mississippi Board of Education Approves Asking Governor to Declare State of Emergency in            North Bolivar School District.†News Release. (2005). Mississippi State Board of            Education. Jackson, MS: Communications Dept. MBOE. â€Å"Mississippi Department of Education Test Data Retrieval System.† (2004).            Mississippi Department of Education. Retrieved March 29, 2006, from            http://www.mde.k12.ms.us/ACAD/TD04/S9D3LST.HTM. â€Å"Moss Point High School.†(2005). Great Schools.Net Retrieved March 28, 2006 from            http://www.greatschools.net/modperl/achievement/ms/649 â€Å"Moss Point High School.†(2006). SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html â€Å"Neshoba County.†(2006). SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html Parker, Laura. (2002). â€Å"Abandoned Education: Tunica’s schools struggle with leftovers and neglect.† APF Reporter 18 (2). Retrieved March 30, 2006 from www.aliciapatterson.org/APF1802.html Pipho, Chris. (1994). â€Å"Taxes, School Boards, and Higher Education.† Phi Delta Kappan 75 (5),            358-359. â€Å"Rose Fort High.†(2006).  SchoolTree.Org.  Retrieved March 30, 2006, from,            http://mississippi.schooltree.org/counties-page1.html Sheffer, Hadass. (2002). Careers in Educational Counseling.† The Chronicle of Higher            Education. Retrieved March 28, 2006, from http://chronicle.com/jobs/news/2002/06/            2002062801c/printable.html. â€Å"Services.† JBHM Education Group, LLC. Retrieved on March 26, 2006, from            http://www.jbhm-edgroup.com/services Spencer, Mack. (2004). â€Å"Achievement Gap.† Northeast Mississippi Daily Journal.            Retrieved March 30, 2006 from http://www.djournal.com/pages/story.asp?ID            =59381&pub=1. â€Å"Town Meetings Scheduled for Priority Schools†News Release. (2004). Mississippi State Board            of Education. Jackson, MS: Communications Dept. MBOE. â€Å"Vermont Named Smartest State.†(2005). Results of the 2005 Smartest State Awards.            Retrieved March 30, 2006, from http://www.morganquitno.com/edpress.htm Vickers, Harriet S. (2005) â€Å"Educational Consultant Business Sees Fast-Paced Growth:            ‘Employees have bought into our mission,’ says JBHM Education Group president.†           Mississippi Business Journal 27 (19), 3. Vine, Phyllis. (1997). â€Å"To Market, To Market†¦The School Business Sells Kids Short.†The Nation 265 (7), 11-16.
Thursday, August 1, 2019
Composing an Impartial Jury & Balancing Multi-Racial Representations Essay
The Due Process Clause of the Fourteenth Amendment guarantees the right to trial by jury in state court. This amendment makes the 6th and 7th amendments applicable to the states. The Sixth Amendment to the United States Constitution grants a criminal defendant the right to a trial â€Å"by an impartial jury of the State and district wherein the crime shall have been committed. †The Seventh Amendment provides a similar right in civil cases. The United States Supreme Court has defined, an â€Å"impartial†jury as a jury drawn from a representative cross-section of the community in the district or division where the court convenes. The framers of the constitution sought to create an independent judiciary and to protect the people against arbitrary action by that judiciary. The right to be tried by a jury of his or her peers safeguards a person accused of a crime against a corrupt or overzealous prosecutor and against a compliant, biased, or eccentric judge. The requirement of a jury chosen from a fair cross-section of the community is fundamental to the American system of justice; it plays a pivotal role in ensuring impartiality. The first step in the process consists of the creation and maintenance of a master list from which the jury pool is drawn. This can include source lists such as voter registration, driver’s license, state income tax files, unemployment records, and public assistance rosters. The second step is the selection of the actual trial jury from the pool of citizens. Lastly is the instillation of the trial jury as a non-biased and fair representation of the defendant’s peers. Notwithstanding the Sixth Amendment’s guarantee of the right to an impartial jury, there are inherent flaws in the jury selection process. It is the second step that is most likely to be the downfall of the third. Randomly selected pools of potential jury members do not always accurately represent the entire community. These randomly selected pools often under represent both racial and ethnic minorities. The American Bar Association works to promote justice, professional excellence, and respect for the law. In doing so it has a natural stake in the selection of fair jury pools. The ABA is the largest voluntary professional association in the world. They provide many important resources including programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. In line with their standards for the ethical practices of jury trials, the ABA has established two goals in regards to the juror master lists. The first is inclusion of all eligible citizens. The second is representation of all portions of the community, These goals often prove difficult to accomplish in practice. This paper will focus on three aspects of a process, which together constitute the definition, selection, and empanelment of a fair and impartial jury. Lastly it will summarize these points and then suggest a model to aide in overcoming the shortfalls evident in the current systems. Part I lays the foundation for what constitutes an impartial jury. Part II identifies general racial stereotypes jurors may hold about defendants and address the importance of combating those stereotypes to insure impartiality. Part III highlights the key players in the empanelment of an impartial jury and the need for collaboration among them during the voir dire process. The report will also discuss placing limits on the voir dire process, including the possibility of eliminating it all together. Part IV, the summary, proposes a two-point model that strives for both fairness and consistency. The intent is to preserve the role of the adversary system in jury selection. This should strengthen the Sixth Amendment’s guarantee of an impartial jury. I. DEFINING AN IMPARTIAL JURY The Sixth Amendment’s reference to an â€Å"impartial jury†has served as the basis for the broadly accepted definition of a jury composed of the defendant’s peers. Additionally, an impartial jury is one that will decide the case on the evidence and law given to them by the judge. This must occur even if they personally disagree with the law. The process should be free from the bias of either prosecution or defense, and the jury members should represent the class, race, and gender scheme of the community where the defendant resides. Racial diversity within a jury has been a favored method in which to bring about impartiality and the idea of procedural fairness. This understanding is based upon the statement that â€Å"diversity on the jury enhances its ability to consider a variety of perspectives in evaluating the evidence at trial, that ability is reduced when juries fail to reflect the diversity in the community from which they are drawn. †Although an adversarial process is an essential part of our legal system, the goal of empanelling an impartial jury may require more collaboration and less competition at the voir dire stage. A jury derived from a source that excludes certain people based on race is non-representative and thus unconstitutional. Racial, ethnic or other stereotypes can lead to bias and a lack of impartiality among the jury members. There have been several models used over the years to create a jury panel that accurately represents the community and offers impartial fairness. The Blank Slate model and the Merger model are amongst them. The â€Å"Blank Slate†model assumes that all potential jurors arrive in court with no knowledge of the case, prior expectations, preconceived notions, or particular dispositions. The court instructed potential jurists to set aside all personal experience on entering the courthouse. However, courts and other social scholars soon realized that it was not only impossible, but also unproductive to use jurors with no opinions available to them, aside from those presented in the court. It was recognized that â€Å"jurors come to the courthouse with a variety of beliefs and experiences, but assumes that each juror who is selected to decide the case will put aside any biases, group allegiances, or predispositions in order to decide a case impartially. †This model was also contrary to the selection of a cross-section of the community, lacking both diversity and cultural identifications. The United States Supreme Court observed, â€Å"Impartiality is a group, rather than an individual, characteristic. †This stance led to their approval of the Merger Model over the Blank Slate Model. The Merger Model focuses on the requirement that the pool of jurors itself needs to be a cross section of the community. It attempts to balance the need for everyday experience with the desirability of a blank slate with regard to the facts of the case. This model recognizes that while individual jurors may not be able to be impartial, the exchange of viewpoints and opposing opinions in the jury room will result in an impartial jury. This balancing factor recognizes and respects the differences in jurist opinions, which stem from uncommon life experience, but allows impartial compositions based on the checks and balances of a group system. Much as the ABA discovered concerning their stated goals, the model encouraged by the Supreme Court is more difficult to defend in practice than it is on paper. Opponents of the model argue that the courts can not achieve the selections of a representative cross section of the community. â€Å"A small sample of twelve or a few, even one that is randomly drawn, and particularly one that is molded by excused for cause and preemptory challenges, is unlikely to mirror the composition of the community on race, ethnic background, and gender. †A. The Venire The first step in composing an impartial jury is to ensure that the venire will draw from a cross-section of the community. Justice Thurgood Marshall wrote, â€Å"[w]hen any large and identifiable segment of the community is excluded from jury service, the effect is to remove from the jury room qualities of human nature and varieties of human experience, the range of which is unknown and perhaps unknowable. †Washington State selects jurors’ names at random from voter registration and driver’s license and â€Å"identicard†records. The use of voter registrations in the compilation of other states lists exclusively has created disparity. In a majority of other states, present jury selection procedures often result in juries composed predominantly of persons who are white, middle-aged, members of the middle and upper socioeconomic classes, and from suburban or rural areas. This results in the exclusion of African Americans, the poor, the young, and various other minority groups. The disparity created by use of voter registration is especially clear in the numbers of minorities represented on the lists. The sole use of these records is therefore tantamount to willful systematic exclusion. According to a 1980’s voting and registration report completed by the Bureau of the Census, only 35. 5% of voting age individuals of Hispanic origin in the United States registered to vote in the 1988 presidential elections. African Americans showed a higher rate of registration than the Hispanic population. However, in the United States they still had a lower registration percentage (64. 5%) than white voters (67. 9%). In areas where a sizeable minority population exists, as in California where the racial minorities together outnumber the total Caucasian population, voter registration lists are likely to be inherently under-representative of a minority populace.
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