Wednesday, October 16, 2019
434Mod3Case Essay Example | Topics and Well Written Essays - 750 words
434Mod3Case - Essay Example According to the U.S Supreme Court, the video games provide various conflicting situations and conditions to a number of children globally (Totilo, 2010). This also affects their parentage ability as parents are also influenced in this video gaming system. There are many cases involving video games especially in U.S Supreme Court where the offenders claim that video games affects their children upbringing and also leads to violence among them (Totilo, 2010). For example, in mid June the year 2011, the U.S Supreme Court wanted to ban the sale of various video games. However, the first amendment procedures stop them from doing so and later the California Supreme Court decided to ban some violent video games that were considered destructive to children. There are various video game designers in the country including the Nintendo toy games company that was founded in 1889 (Anderson, & Sakamoto, 2008). The firm developed their first video game in 1979 including the first portable video game for children that was designed later in 1980 (Totilo, 2010). The designers of these video games should and must be forced to take the responsibility of various depictions of violent and interpersonal conflicts especially on children of various age groups. The court should properly analyze the effects of video games on children and come out with the best strategy to control this violent act among the children (Anderson, & Sakamoto, 2008). Video games have been available in the global entertainment industry for around thirty years (Totilo, 2011). The recent video games mostly involve the players emotional as well as physically feelings and this makes them have profound impact on children (Totilo, 2010). Currently, around eighty percent of children in the U.S play video games daily and this promote the sales of video games globally (Totilo, 2011). One of major positive impact that video games have on
Tuesday, October 15, 2019
Financial Goals Assignment Example | Topics and Well Written Essays - 1500 words
Financial Goals - Assignment Example Therefore, for the next 5 years, I would like to save $50,000 to enable me expand my small electronics shop to a larger one with at least 2 branches. I would also like to pay for a down payment on a house in the next five years being that I would have graduated and would like to be on my own. The down payment of the house would be $20,000 which Iââ¬â¢d like to save for and pay over five years. Over the next ten years however, I would expect that my kid shall have become old enough to begin going to school, therefore, Iââ¬â¢m going to save $50,000 to enable my kid go to school. The list of my goals and how theyââ¬â¢ll be achieved are in the table below; Financial Goal Time Frame Amount Monthly Cost Save for House down payment 5 years $20,000 $333.33 Save for Business expansion 5 years $50,000 $833.33 Save for Childââ¬â¢s Education 10 years $50,000 $416.67 Total monthly cost $1583.33 Cash Management Since I know very well that money must be well planned for, for one to achi eve her goals, I will apply proper cash management skills in order to be able to achieve my goals. For instance, my parents give me $5,000 monthly for personal use after paying for me all my bills and buying for me all I need. I sat down one time and realize that if this money is managed well, and I save just $1,000 0ut of it monthly, Iââ¬â¢d be having $60,000 after 5 years. ... This function involves self denials of pleasure and leisure to make sure you put your money into proper use. In the next ten years, Iââ¬â¢ll try to reduce on my daily spending on clothing items and shoes as well as snacks just to enable me to save some money to meet my financial goals. Iââ¬â¢ll try to use a budget for every shopping and avoid impulse buying. My shopping list in that case will have a few of unnecessary and luxurious items. Iââ¬â¢ll just go for the major items that will keep me going as long as I meet my financial goals. Credit and Debt Management During the next five years, once I get employed and be on a payroll, the first thing Iââ¬â¢d like to do is to see my small electronic enterprise spread to most parts of the State. This would require much cash, I know. But Iââ¬â¢ve a plan to obtain a $2 million credit from the bank to enable me expand the business first in every part of the State, then in the next ten years, take it to other States after getting enough capital. Iââ¬â¢ll choose a bank that gives credit for businesses at an affordable rate. That will mean that Iââ¬â¢ll have to shop around for the different interest rates that different banks charge for their business loans. Iââ¬â¢ll be able to service my credit from the revenue I get from the business as well as with part of my salary. At the same time, for me to make bigger sales, Iââ¬â¢ll have to supply my products to retailers at affordable prices for them also to make profits. Iââ¬â¢ll be able to consider some retailers who can only manage to take the products on credit and pay later after they make some sales. In this case, Iââ¬â¢ll make the bank be the one to collect my debts on my behalf from my debtors. This will be an efficient way of debt collection as itââ¬â¢ll enable me to transfer the risk
Monday, October 14, 2019
Evolution of aviation during World War II Essay Example for Free
Evolution of aviation during World War II Essay The year between the two great Wars saw the continuation and expansion of aviation technology. By now, European nations knew the uses of airplanes in war times. Even though disarmament was commanded by the treaty of Versailles, many nations (mostly Europeans) continued to advance their aircraft technology in a lesser or higher degree (Pavelic, 2007, p. 2). Unlike the First World War, there was greater interest in research and advance studies on material science, aerodynamics, engine thermodynamics and fuel technology that favored the extensive use of monoplane and the use of new high powered weapons in fighter planes like cannons and rockets (Mathews, 2001, p. 9). Even though Germany was denied to build an air force by the Treaty of Versailles, nevertheless, they continued to conduct covert aeronautical research for secret rearmament plans during the interwar years. Secretly they also bought aircrafts from other countries. It can be said therefore that in spite of being banned to build military aircrafts, Germany was up-to-date in aircraft development. In fact by the time the Pact of Paris (1926) relaxed their restriction on German aviation development, Germany built some of the most advanced aircraft in the world (Pavelic, 2007, p. 2). Increasing the speed and rising at high altitudes had remained the preoccupation of aircraft development in the interwar and Second World War. Altitude was very important to the military because of their mission to intercept and attack invading bombers (Matthews, 2001, p. 9). For conventional type of airplanes, development was geared toward increasing speed and altitude through engine development, particularly the piston engine and turbo jet engine. Britain had design one of the best liquid-cooled aircraft engines, the Rolls Royce Merlin, used in World War II for two heavy bombers, the Supermarine Spitfire and Hawker Hurricanes (Pavelec, 2007, p. 7). However, the alternative to piston engine, the turbojet engine (engine without propeller) can be considered the greatest achievement in the history of aviation in terms of speed development and solved the problem of jet propulsion during the interwar and the Second World War. It was Germany who led in this development in the person of Dr. Hans von Ohain who completed a flight-worthy turbojet engine for aircraft, commencing the jet age on August 27, 1939. Throughout the war, the race for jet speed was dominated by the Germans and they were the ones who initiated to produce jet aircraft for combat operations. Other countries soon followed suit (although they have their own jet inventions at the same time that the Germans developed it but with less support) in producing turbojet engine. In Britain, it was Frank Whittle who developed a turbojet engine that powered the Gloster Pioneer on May 15, 1941 and the only Allied combat jet aircraft ,Meteor. By the end of the war, airplanes of the Second World War travel in faster speeds than their predecessors, with a record of 606 miles per hour by the British Gloster Meteor IV powered by a turbojet engine (Matthews, 2001, p. 6). Radar was also an innovation in aviation during the Second World War. When the First World War had ended, nations had realized that airplanes, especially those carrying bombs, will pose a threat to their safety. Therefore, radar systems were developed and in the Second World War, they were installed in airplanes to detect enemy aircrafts or ships, or to help in navigation or to accurately locate bombing targets ( Perry, 1988, p. 703). IV. Conclusion It is very obvious that due to the pressing need of the First and Second World War, the history of aviation took a rapid turn. It is at this period that aircrafts changed its role from transport and reconnaissance vehicle to destructive weapons of war when fighter and bomber planes were developed. Airplanes also undergone rapid change in physical appearance from biplanes to monoplanes and from using fabric to full-metal body. During the interwar periods, as aircrafts were already seen as an integral part in war victory, in-depth researches in aerodynamics and thermodynamics and other engineering technology related to flying was undertaken well into the Second World War. Moreover, the quest for greater speed and high altitudes was improved in the Second World War upon the invention of turbo jet engines as an alternative to the piston engines of the First World War.
Sunday, October 13, 2019
The Philippine Is Rich In Natural Resources
The Philippine Is Rich In Natural Resources Current environmental laws consist of P.D No.984 entitled pollution control law that declaring policy to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country. The government was the one in charge to determine the location, magnitude, extent, severity, causes, effects and other pertinent information regarding pollution of the water, air and land resources of the country, and to issue orders or decisions to compel compliance with the provisions of the decree. The commission was the one who give issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system. The commission, by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required For Presidential Decree 984 otherwise known as the Pollution Control Decree of 1978 is a national policy aimed to prevent, abate and control pollution of water, air and land for the more effective utilization of the resources of this country. In this Decree of 1978, the commission may conduct scientific experiments, investigations and research to discover economical and practical methods of preventing water, air and land pollution. Also, the commission may cooperate with any public or private agency in the conduct of such experiments, investigations and research for given any international, national or other public or private agency for water, air and land pollution control activities, surveys or program. The commission may secure such services as it, necessary from other agencies of the National Government, and they make arrangements for the compensation of such service. The commission may also employ and compensate, within appropriations available therefore, such consultants, exper ts, and advisers, or assistants on a full or part time basis, coming from the government or private entities ,to carry out the provisions of this decree and may prescribe their powers, duties and responsibilities. Under the P.D 1152 this is the policy for the various aspects of environmental management such as air and water quality management, natural source development, land and waste management. It provides a program to environmental protection and management, with reference to policies and standards of noise, air quality, water quality, classification of water and waste management. the P.D 1152 this is the policy for the various aspects of environmental management such as air and water quality management, natural source development, land and waste management. And for the R.A 1990 also known as the Toxic Substance and Hazardous and Nuclear Waste Control Act of 1990 regulating the important, use, movement, treatment and disposal of toxic chemicals and Hazardous and nuclear waste in the Philippines. Under P.D 856 Sanitation code for the solid waste management in his area of production can be places the responsibility in the local government units. Hotel and Tourism Management is affected by the current environmental laws in the Philippines, in previous effective wastewater treatment can prevent serious illness among guests and staff members, and limit the number of serious complaints from guests who become infected after drinking or swimming in polluted waters. It will also reduce the chance of cancellations from potential guests. Now, Reduce, Reuse and Recycle. Minimize wastewater discharge by reducing water use. Use biodegradable detergents and cleaning agents that are compatible with the wastewater treatment technology. Recycle paper products from the office for wrapping other items. Reuse treated graywater for washing floors, flushing toilets and irrigating gardens and golf courses. Separate waste at the source, rather than having to go through all the trash after it is collected. For example, provide containers for recyclables in guest rooms and compost bins in kitchen work areas. Because of the Environmental laws that government provide, Hotel and Tourism Management can provide also the best service to the hospitality industry which they are not allowed to built a business without permitted of the government. Under the decree of 1978 they have the commissions to cooperate with any public or private agency in the conduct of such experiments, investigations and research for given any international, national or other public or private agency for water, air and land pollution control activities, surveys or program. This is for the safety of the guest or tourist which is for the benefit of others. Hotel and Tourism Management can help improve the current environmental situation in the Philippines Environmental responsibility makes ecological sense, because keeping the environment pristine means that tourists will come to appreciate and enjoy the natural beauty of the location of your business. Increasingly, environmental responsibility also makes financial sense. Gone are the days when going green necessarily meant making large investments in expensive technology. Simple waste segregation, for example, can drastically reduce an island resorts expenses in transporting garbage off the island. Encouraging guests to follow simple steps, such as turning off lights and recycling water, could mean saving thousands on a resorts water bill. . Encourage staff to become involved in volunteer projects such as beach clean-ups and awareness campaigns. Educate guests as to how they can make a positive contribution to local biodiversity conservation efforts. Every business aims for long-term feasibility, and tourism based enterprises are no exception. A prime tourist attraction is a place that is full of life and abundance, a place where visitors can relax and feel that all is right with the world-a place they would pay hard-earned money to see and experience. Whether it means keeping the surroundings clean, making sure there is abundant water and electricity to use, or assuring guests of a nature experience they will not forget, maintaining a tourist destination means sustaining the life around it, and carrying out responsible operations that will make such sustenance possible. It takes only a few simple steps, the involvement and commitment of the people concerned, and a few adjustments in existing working and management systems to make environmental awareness a habit. Its a habit that is good for the soul, good for the community, good for Mother Nature-and happily, also good for business. Hotel and Tourism Management can improve the current situation of the environme nt in the Philippines by guiding the guest or tourist to become more efficient. Hotel and Tourism Management can help through orient the guest or tourist for them to know or understand the preservation of environment. To educate others, encouraging that environment is important. The conservation can enhance a places reputation among guests, other individuals and groups concerned about the environment. Supporting conservation efforts can generate positive publicity and improve relationships with local people and organizations. Hotel and Tourism Management can help improve the current situation in the Philippines by promoting the environment to become more clean and green, preserves the generation as the inspiration of mother nature. Hotel and Tourism Management can help the environment situation as a role model to our industry, to promote to others the need of our environment and for our everyday life.
Saturday, October 12, 2019
MP3 File Sharing Hurts America Essay -- Argumentative Persuasive Essay
MP3 File Sharing Hurts America Before the present time of computers and various media player technology, trading music files on the internet was practically unheard of. Today MP3 music files have become file format that is widely ââ¬Å"swappedâ⬠over the internet. The problem with trading MP3's is that it violates copyright laws. However, this hasnââ¬â¢t stopped the tens of millions of file sharing software users who continue swap MP3ââ¬â¢s. MP3 piracy is a costly business for many companies, and the disadvantages outweigh the advantages of ââ¬Å"P2Pâ⬠file sharing. File sharing is a costly, illegal practice that hurts not only the consumers, but the artists as well. MP3 is a relatively new form of piracy, only being around for about ten years. The fact that the MP3 format takes up as little as one megabyte for a one minute clip, makes it an attractive storage factor for pirates. And with the CD-R and CD-RW drives, people can convert MP3 files to common CD format, burn to a CD, and play in any CD player, and be listening to a mix of their favorite songs within a half hour of downloading the song. With MP3 players becoming more and more popular options in cars, you can burn MP3 files directly to a CD without converting to a standard audio file and have over six hours of music on a single CD! ââ¬Å"It is estimated that such illegal product costs the music industry more than 300 million dollars a year domestically.â⬠This is why the Recording Industry Association of America (RIAA) is taking a strong stance against MP3 piracy. The damage done to the recording industry in lost profits, increased prices, and lost jobs is overwhelming. In an attempt to put a damper on file swapping, and recapture lost revenue the RIAA has been suing people ... ... released in January that surveyed 1,358 Internet users in late fall found the number of Americans downloading music dropped by half from six months earlier, with 17 million fewer people doing it nationwide. I find that to be an impressive figure. The damage done to the music industry as well as genuine consumers of the music industry is huge. Online pirates are costing the music industry millions and millions of dollars in lost revenue. The chances of these pirates being caught are constantly increasing. Even though the anti-piracy organizations have made considerable progress, their current anti-piracy methods will not completely stop online piracy. Until these organizations can increase copyright protection, and inform the uneducated pirates who believe their points are valid, they will be fighting an up hill battle, no matter how many lawsuits they file.
Friday, October 11, 2019
Develop Health & Safety and Risk Management Policies Essay
Understand the current legislative framework and organisational health, safety and risk management policies, procedures and practices that are relevant to health and social care or children and young peopleââ¬â¢s settings. 1 Explain the legislative framework for health, safety and risk management in the work setting. This question is asking you to explain the health and safety policies that are in place within your setting, discussing the policies relevance to legislation. Also discuss any risk management systems that are in place, again discussing their importance and reason for having them. 2 Analyse how policies, procedures and practices in own setting meet health, safety and risk management requirements. Discuss whether the policies in place in your setting conform with organisational practices and legislation. How could practices be improved? Outcome 4Be able to promote a culture where needs and risks are balanced with health and safety practice in health and social care or children and young peopleââ¬â¢s settings. 3 Evaluate own practice in promoting a balanced approach to risk management. Discuss how you personally promote risk management and whether this is effective. could you improve your performance in this area? If so, how? 4 Analyse how helping others to understand the balance between risk and rights improves practice. Discuss how you assist others to understand the balance between risks and rights. Why do you do this? How does it improve practice? Can you identify ways to improve this further? Outcome 5Be able to improve health, safety and risk management policies, procedures and practices in health and social care or children and young peopleââ¬â¢s settings. 2 Evaluate the health, safety and risk management policies, procedures and practices within the work setting. Similar to Outcome 1, Question 2. Discuss the health and safety and risk management procedures in place within your work setting, highlighting what is good practice and works well and what requires improvement. 3Identify areas of policies, procedures and practices that need improvement to ensure safety and protection in the work setting From Outcome 5, Question 2, use the areas that require improvementà to discuss why they need impro vement. 4 Recommend changes to policies, procedures and practices that ensure safety and protection in the work setting. From Outcome 5, Question 3, use the areas that require improvement and make suggestions on how these areas can be improved.
Thursday, October 10, 2019
Indian tribe`s inherent sovereign authority Essay
INTRODUCTION: U.S Chief Justice John Marshall, in his milestone trilogy ofà his decisions on Indian law in 1] Cherokee Nation v.Georgia 2] Johnson v.Mclntosh and 3] Worcester v. Georgia framed the foundation for Indian law viz. Indian tribes are under the trust protection of the federal government which stands good even today. As such, many tribes are enjoying the quasi-sovereignty status and have organized their own governments together with functional legislative, executive and judicial branches. Indian tribal courts function more or less in their Anglo-American colleagues and offer an intra-tribal tool for dispute resolution. The Supreme Court held in ââ¬Å"Oliphant v.Suquanmish Indian Tribe ââ¬Å"that for want of congressional action, tribes lacks inherent jurisdiction to punish outsiders. à Congress yet to legislatively recognize the Oliphant by extending jurisdiction to tribal courts to try criminally any non-Indians for the felony committed in the Indian regions This research paper will divulge how this jurisdictional predicament causes a practicable problem in United States Judiciary and possible ways and means to address the issue. INDIAN SOVEREIGN AUTHORITY TO EXERCISE CRIMINAL JURISDICTION OVER NON-INDIANS- AN ANALYSIS: Crimes against native Indians are unleashed by non-Indians on daily basis. Crimes committed by non-Indians are cognizable offence that can be prosecuted only by federal district court by federal prosecutors. Unfortunately, many federal prosecutors have abandoned their duty to pursue crimes in Indian country committed by non-Indians due to overburden. The emergence of the Indian courts owed its origin to the tribal justice systems that predate the European settlement of America. On the basis of the age old convention, Congress has recognized the sovereign authority of tribes to maintain their own courts. But, Congress has limited that sovereignty as tribal courts have little jurisdiction over non-Indians .This is mainly intended to ensure that Indians are guaranteed the same constitutional rights as other Americans. As a result, tribal courts over the last two decades have lost their elite authority to try cases involving grave felonies and to enforce criminal penalties on non-Indians. In the year 1990, Supreme Court stripped Indian tribal courts of the power to hear cases involving Indians of a different tribe. But the Senate Select Committee on Indian Affairs later voted to reinstate that right to tribes for the next two years. [1992 to 1994]. In 1968, Congress established the Indian Civil Rights Act to offer on tribes requirements akin to those found in the Bill of Rights. There are about 147 tribal courts that exercise jurisdiction over nearly two million Indians in the United States in the year 1992. Tribal courts have exclusive jurisdiction over civil cases that arise between Indians on the reservations. But, if the plaintiff or defendant is other than Indian, state courts may have a simultaneous or even exclusive exercise rights to hear the case. In, ââ¬Å"Oliphant v.Suquamish Indian Tribeâ⬠, 435 U.S, 55 L.Ed , 2d , 98 S.Ct, 48 U.S.L.W .4210 it was held that no inherent rights is ascribed to any Indian tribal courts to prosecute and punish non-Indians for offenses committed on Indian lands. It was the contention of the Indian tribes that jurisdiction is automatically conferred on them for trying any offenses of criminal nature on non-Indians in tribal lands as Supreme court made an opinion describing Indian tribes as ââ¬Å" quasi ââ¬âsovereign entitiesââ¬â¢. However, Supreme Court has observed in the present case that whenever efforts have been exercised in the past, it has been observed that there exists no jurisdiction. The tribal is having no authority to try non-Indians as it was established by earlier judicial opinions and also according to the general view of the executive authorities. But Judge Marshall, joined by the Chief justice dissented in the above case by taking the view that the power of preserve order on the reservation was a sine quo non of sovereignty that the Suquamish originally possessed. He further noted that in the absence of positive extraction of such rights by any treaty or statue ,the tribal enjoy as a necessary aspect of their sovereignty the right to try and punish all persons who commit offenses against tribal law within the reservation. In the past years, several Supreme Court rulings have drastically delineated the power of American Indians to govern their territories. The High Court ruled in 1978 that tribal courts cannot prosecute whites or other non-Indians for some felonies committed on tribal land. In one case, the justice held that a tribal court has no jurisdiction over crimes committed on that tribeââ¬â¢s land by members of another tribe. There are certain rulings that restricted Indian authority in taxation and zoning. Tribal leaders argue that U.S government apparent move away from recognizing ââ¬Ëinherent sovereignty ââ¬Å"of the Indian nations, which predate the arrival of whites to this continent makes them to worry. Though, the tribal leaders were not asking to overturn the Supreme Courtââ¬â¢s ruling in Oliphant v. Squamish Indian Tribe but they were demanding to overturn the High Court rulings in Duro V. Reina, which prohibited the Salt River Prima-Maricopa Indian Community in Arizona from prosecuting on a misdemeanor of weapons charge by an Indian man who lived in Salt River but was a member of a tribe in California. Thus, the rulings left a judicial void in states that do not assume jurisdiction over such misdemeanors and Congress temporarily restored jurisdiction to the tribes during 1990. 2.1 CRIMINAL JURISDICTION TO TRY NON ââ¬âINDIANS TO COMBAT TERRORIST THREAT: In their effort to revive an amendment to the Homeland Security Act that would offer criminal jurisdiction over non-Indians to combat terrorist threats on Indian lands. But opponents were of the view that it will topple a 25-years ââ¬âold Supreme Court decision ââ¬Å" limiting and defining Indian sovereignty ââ¬Å" and could lead to tribal power grabs which may affect of millions of non-Indians. Further, there is a proposal to reclassify the tribal governments as ââ¬Å"states ââ¬Å"under HSA law which facilitate tribes to receive sufficient federal funding and technical expertise to play a meaningful role in fighting terrorism. During 2003, the Senate Indian Affairs committee tried to add some amendments to homeland security bill but it was not successful as some group hit the panic button claiming that amendment would authorise control over all people for all purposes. The vested group fears that there would be other jurisdictional grabs by the tribal governments and tribes could exert authority over non-Indians by ignoring the fact that non-Indians cannot vote in tribal elections. The proposed amendment which has been officially designated as S.578 and the department itself has supported the first 12 sections of the amendment or those that would authorise the reclassification of tribal governments as states [not local government] in dealing with terrorism. But as per Heffelfinger, who is also chairman of the Attorney General Advisory Committeeââ¬â¢s Native American issues subcommittee commented that the departments itself is not supporting section 13 , which would offer tribes the power to ââ¬Å" enforce and adjudicate violations of civil , criminal and regulatory laws committed by any person on land under the jurisdiction of an Indian tribal government. But, as per 2000 census, non ââ¬âIndians account for more than 48% of reservation residents who live on or near Indian reservations from discrimination ââ¬Å"by state, federal or tribal government or their policies. Some critics view the proposed amendment to the Homeland Security Act violates the 1978 ââ¬Å"Oliphant v.Suquamish Indian Tribeâ⬠rulings where Supreme Court observed that tribes do not have criminal jurisdiction to try and punish non-Indians. In real situation, the state or federal government is toothed with the power to arrest and try criminal offenders who are not Indians on Indian lands.à In other words, there is no need to arm the tribal government to initiate criminal proceedings on non-Indians on tribal lands as the state or federal government has adequate power to execute the same. [1] 2.2 OVERBURDENS OF FEDERAL COURTS: One the problem faced by tribal is that some of the felonies committed by non-Indians on tribal have been let off due to overburden of cases in federal courts and Supreme Court judgment whichà had declared that non-Indians can not be prosecuted by the tribal courts. For instance, military courts do not have jurisdiction to prosecute the civilians who have infringed militaryââ¬â¢s interest. In such cases, ââ¬Å"special assistant United States attorneysâ⬠[SAUSAââ¬â¢s] have the authority to prosecute such violators who have committed crimes against military personnel and property. The same strategy can be followed in the tribal cases also. Thus, the department should authorize Indian prosecutors to sue in the federal courts for the crimes committed by the non-Indians within Indian country. à 2.3 USE OF MEHTAMPHETAMINE: Another issue encountered by the American tribes and tribal groups is their relentless fight against use of methamphetamine which they regard an epidemic on tribal lands. Lummi Nation of Washington, an American tribe is waging war with meth by imposing rigorous punishment to offenders. Some tribes are addressing the issue through new drug courts. Methamphetamine production and trafficking on tribal reservation with huge geographic areas or tribes adjacent to the U.S. ââ¬âMexico border is rampant. As the tribal states enjoy sovereign status, criminals are generally not subject to state jurisdiction in most of the cases. As the local law enforcement authorities have no jurisdiction in Indian country and tribal law enforcement agencies take the responsibility to enforce the relevant law enforcement functions. To combat the use of meth in tribal areas, Indian Tribes Methamphetamine Act of 2007 and Indian Tribes Methamphetamine Reduction Grants Act of 2007 were introduced in January 2007.à The legislation would permit Indian tribes to be eligible for funding through the department of Justice to exterminate the scourge of meth production, sale and usage in Native American communities. Enough safeguard measures are built in to avoid any potential misrepresentation of the above legislations. It has been clearly stated in section 2 [a] [4] of the bill , the Department of Justiceââ¬â¢s Bureau of Justice Assistance is toothed with power to award grant funds to a state ,territory or Indian tribe to ââ¬Å" explore ,detain and indict individuals ââ¬Å"à involved in illegal meth activities. Further, it does not authorize a grantee state, Indian tribe or state to pursue law enforcement activities that it otherwise has short of jurisdictional authority to pursue. 2.4 PUBLIC LAW 280 Normally, states do not have jurisdiction over the internal legal of the sovereign tribal governments. Under certain circumstances, Congress has extended special exceptions this general principle. Under Public Law 280, six states were given exclusive jurisdiction over the Indian country within the state borders. Thus, states like New York, Kansas have the exclusive right over to prosecute the crime committed within the Indian country as the federal government has ceded its jurisdiction. Federal government ceded their prosecuting authority to states in these states. But it has created unfavorable situations as most states are reluctant and intransigence to cognize crime on Indian reservations seriously. Many state district attorneys are reluctant to exercise their limited resources on Indian crime. Thus, Public Law 280 has resulted in lawlessness in almost all Indian reservations. Ceding the federal authority over Indian territories to states has ended in a lacuna. It is painful to note that even if a state government has inherent authority in a particular Indian region, it sometimes lacks institutional strength to exercise authority in that region. Further, there exists always simmering tension between Indians and state governments. It is to be observed that since Worcester v.Georgia, states have no authority or very little authority over Indian country. The real reason for tension between tribal and state government is the criticism of action of state police department as they always rubbing on the wrong side of the tribal cultural practices. A study conducted by Carole Goldberg Ambrose[2] revealed that relationships between state and tribal are often got off to potholed and sometime unfeasible. Frequently, California tribal members complained that when state police tried to solve the tribal problems, they often failed as they were disrespectful to tribal sovereignty, lacked cultural compassion and always deployed excessive force. Further, if the alleged offence is a violation of generally applicable federal statutes like sedition and mail theft, the federal government is alone having exclusive jurisdiction to try the offence and natives are not exempted from such offence 2.5 OLIPHANT V. SUQUAMISH INDIAN TRIBEââ¬â¢- AN ANALYSIS: In, ââ¬ËOliphant v. Suquamish Indian Tribeââ¬â¢ case, Supreme Court heldà that as the tribal court lacks inherent jurisdiction to prosecute non-Indians for the felonies committed on Indian jurisdiction and recommended that it is the Congress to decide whether Indians tribes should finally be authorized to try non-Indians . Thus, Supreme Court decision may not be final and binding since Congress retains authority in exercise of its plenary power. Oliphant case centered around the incidents that happened on the Suquamish Reservation located near Port Madison, Washington. Indian tribes had waived all of their land claims in Washington state under the Treaty of Point Elliott which was signed in 1855 and accepted to settle on a 7300 ââ¬âacre reservation located near Seattle. The tribes adopted a criminal code in 1973 and any infringement of tribalââ¬â¢s criminal code is prosecuted in the Suquamish Indian provisional Court. It is the claim of the tribes that they have jurisdiction to try non-Indians for any violation or infringement in their land. In support of their claim, they have displayed billboards in prominent places at the entrances to the Port Madison Reservation warning the public that entry onto the Reservation would be deemed implied consent to the criminal jurisdiction of the Suquamish tribal court and one may hilarious to note that Suquamish tribal specifically excluded non-Indians from serving on tribal court as juries. Supreme Court had placed the burden of proof on the tribe to substantiate its contention of jurisdiction. The tribe argued that its jurisdiction over non-Indians emerged involuntarily from the Tribeââ¬â¢s retained innate powers of government over the Port Madison Indian Reservation. Tribe has argued that flow of criminal jurisdiction is automatic over all persons on a reservation ââ¬âIndian or non-Indian and is arising out of a ââ¬Ësine qua non ââ¬Ëof tribal sovereignty. Supreme Court has rejected the argument of tribal claiming inherent jurisdiction on multiple grounds. Supreme Court concluded that Congress had positively expressed its intention not to grant Indian tribes the power to punish non-Indian after thoroughly examining the opinions of attorney generals, history of treaties, legislative history and district court decisions. Supreme Court once again asserted that Congress which is being law making authority is having sole discretion to decide whether the tribal can prosecute non-Indians for felonies in their land. In the Oliphantââ¬â¢s case, Justice Marshall joined by Chief Justice Burger took the opposite view as the Marshall believed that tribes processed the innate jurisdiction over non-Indians and that congressional action was necessary to strip off Indians of that jurisdiction. Oliphant decision was a major set back to Indian community claim of sovereignty in the following respect: It publicized that Indians were toothless to dissuade non-Indians from committing crimes against them. Tribes viewed that Supreme Court decision had indeed handcuffed their law enforcement activities. Tribes viewed the decision as a major blow on their powers to safeguard their own people. Decision culminated to an awkward situation to tribes by restricting their power to judge, prosecute or punish with tribal law and tribal courts, the non-Indians who commit felonies on tribal land. 2.6 DURO V.REINA- AN ANALYSIS: Duro v.Reina is a subsequent case after Oliphant. This case has further minimized the power of the tribal court to punish ââ¬Å"outsiders ââ¬Å", people who are not members of the tribe. Albert Duro was the member of one sect of Indian tribe namely Torres-Maritinez Band of Cahuilla Mission Indians. It was alleged that Duro killed a boy on the Salt River Indian reservation. Salt River Indian tribes attempted to prosecute Duro in their tribal court. The federal district court restrained the Salt River Prima ââ¬âMaricopa Indian Tribe to prosecute Duro who belongs to Torres tribe. Thus, Supreme Court also concurred the federal district court view and held that Indian tribes did not have jurisdiction over Indians who were members of other Indian tribes. This made the Congress to exercise its plenary power and Supreme Court decision was amended or altered by the Congress through amendment U.S.C 1301 to authorize the tribal courts to exercise ââ¬Å"criminal jurisdiction over all Indian and not just member of Indians. Criticââ¬â¢s view that Supreme Court had crushed the Indian rights is a bit of hypocritical as the Congress can always make use of its plenary power ââ¬âa-type of legislative veto ââ¬âto correct the intrinsic relationship as articulated by the Court. 2.7 ANALYSIS OF SURVEY OF U.S. JUSTICE DEPARTMENT: According to survey conducted by Justice Department of U.S., American Indians suffer from certain violent crimes like robbery, rape at a rate twice the national average. About 30,000 crimes of violence are committed against Indians each year. Native Indians complained that their attackers were under the influence of alcohol or meth at a greater than the national average. It is alarming to note that Indians were fatalities of interracial violence at a startling rate of 72% and 91% of sexual assaults against the tribal members. Further, offenders against Indian tribes were about 70% It is to be noted that a crime committed against an Indian by non-Indian which occurs outside of Indian country is subject to state jurisdiction and therefore is not reported in the above statistics. Thus, the above statistics reveal a disturbing picture of crimes against Indians and Indians face a disproportionately higher rate of violent crimes than any other races in U.S.A. For instance, Indian victims are reporting about 30,000 possible violent crimes to police each year and out of this, police could not solve more than 28,000 incidents or about 94% of the crimes reported remain uninvestigated or go unpunished. Further, Indians are also affected by the property crimes and victimless crimes committed by the non-Indians and these were not included in the above statistics since these were of civil nature.à The main reason for such alarming rates of criminal reports are being uninvestigated is mainly due to great distance between federal courts and tribes and overburdened law enforcing department. One of the allegations against Indian judiciary is that Indian courts do not bestow equal justice to non-Indians. For example, in Oliphant case, the Court took note of the fact that non-Indians were excluded from occupying juriesââ¬â¢ role in Suquamish. à Thus, a doubt arises whether non-Indian constitutional right to be tried by an Indian jury could deliver unquestionable justice to the accused. The Indian Civil Rights Act of 1968 ensures basic due process protections to Indians who are tried in tribal courts and to ensure non-Indians offenders rights, the same process of protection can be extended to non-Indians. As such, non-Indians allegation that tribal courts are iniquitous may not hold good. 2.8 POSSIBLE SUGGESTIONS FOR AVOIDING OLIPHANT TYPE OF INCIDENTS IN FUTURE: Federal court is already overburdened with cases like violations under a]Patriotic Act , b]Money Laundering Act 3] RICO 4] Narcotic Offenses 5] Interstate Crimes 6] National Security Offenses 7] Stock Exchange Commission 8] Other type of Crimes .Whereas , offenses committed by non-Indian in tribal areas are of nature of minor offences like 1] reckless or speed driving 2] drunk driving 3] petty assault 4] petty theft 5] Vandalism 6] Litteringà 7] Parking Violations . Naturally federal prosecutors do not give more importance to these offenses and hence lionââ¬â¢s share of these offenses went unpunished. To instill confidence on tribal community, Congress should seriously think of creating exclusive federal courts which may be designated as ââ¬Å"special courts ââ¬Å" for prosecuting offenses committed on tribal by non-Indians in tribal areas.à For instance , in the District of North Dakota , Chief Judge Rodney Webb to address the problem facedà by Indians against felonies committed by non-Indians held meetings with the officials for their prosecution As per ICRA [Indian Civil Rights Act], Indian tribes may not impose any penalty or punishment which is longer than for a term of one year and a fine of $ 5000 or both. This clearly demonstrate that tribal courts have limited authority to try minor offenses like less serious felonies or misdemeanors there by leaving serious crimes to the federal government . Further, there is a misconception among non-Indians that tribal courts are not like Anglo-American tribunals. It is pertinent to note the remarks made by Justice Rehnquist in Oliphant that ââ¬Å"some Indian trial court systems have become progressively much classy and resemble in many ways their state counter partsâ⬠. Hence, non-Indians should be properly educated and Congress should see that they are convinced by drafting a new legislation extending tribal courts power to prosecute non-Indians within the parameters designed by the Congress in this regard. One another remedy is to depute special law enforcement officer to investigate or prosecute the crime. A ââ¬Å"special assistant district attorney ââ¬Å"may be appointed to represent the district attorney for a particular case or a special investigating officer may be deputed to execute restricted law enforcement functions. Thus, the power to deputize is also known as a statutory grant. A statutory grant is having inherent power to specially deputize any higher officials. The deputization will be more advantageous as it would satisfy the interest of the all concerned including tribal and non-Indian offenders though the offenders will be punished under federal or state laws not under the tribal laws. CONCLUSION: De-facto immunity is being used as scapegoat by non-Indian offenders against Indians. It is really a shame that American judicial system is dissuading Indians to punish the non-Indian offenders who have committed felony in their lands under tribal criminal laws. It is real predicament that majority of the crimes against Indians by non-Indians escape punishment. The Oliphant v Suquamish Indian Tribe case is a severe blow to the Indian legitimate rights which Congress should come forward to redress. Congress should exercise its plenary power as it had done in Supreme Court decision in Duro v.Reina which was later amended or altered by the Congress through amendment U.S.C 1301 to authorize the tribal courts to exercise ââ¬Å"criminal jurisdiction over all Indian and not just member of Indians. Further , to instill confidence on tribal community, Congress should seriously think of creating exclusive federal courts which may be designated as ââ¬Å"special courts ââ¬Å" for prosecuting offenses committed on tribal by non-Indians in tribal areas. One another remedy is to depute special law enforcement officer to investigate or prosecute the crime. The deputization will be more advantageous as it would satisfy the interest of the all concerned including tribal and non-Indian offenders though the offenders will be punished under federal or state laws not under the tribal laws. Deputization will assimilate all law enforcement agencies together to work unitedly.à Deputization is the need of the hour as it will bring all the parties involved under a single umbrella within the current jurisdictional. Further, as in the case of military courts which do not have jurisdiction to prosecute the civilians who have infringed militaryââ¬â¢s interest and in such cases, ââ¬Å"special assistant United States attorneysâ⬠[SAUSAââ¬â¢s] have the authority to prosecute such violators who have committed crimes against military personnel and property. The same strategy can be followed in the tribal cases also. Thus, the department should authorize Indian prosecutors to sue in the federal courts for the crimes committed by the non-Indians within Indian country. BIBILIOGRAPHY Chiu, Elaine M. ââ¬Å"Culture as Justification, Not Excuse.â⬠American Criminal Law Review 43, no. 4 (2006): 1317+. Christofferson, Carla. ââ¬Å"Tribal Courtsââ¬â¢ Failure to Protect Native American Women: A Reevaluation of the Indian Civil Rights Act.â⬠Yale Law Journal 101, no. 1 (1991): 169-185. Dutton, Bertha P. American Indians of the Southwest. Revised ed. Albuquerque: University of New Mexico Press, 1983. French, Laurence Armand. Addictions and Native Americans. Westport, CT: Praeger Publishers, 2000. Griffiths, Curt Taylor. ââ¬Å"Natives and Criminal Justice Policy: the Case of Native Policing.â⬠Canadian Journal of Criminology 26, no. 2 (1984): 147-160. Henderson, Dwight F. Congress, Courts, and Criminals: The Development of Federal Criminal Law, 1801-1829. Westport, CT: Greenwood Press, 1985. Johansen, Bruce Elliott, ed. The Encyclopedia of Native American Legal Tradition. Westport, CT: Greenwood Press, 1998. La Prairie, Carol. ââ¬Å"Aboriginal Over-Representation in the Criminal Justice System: A Tale of Nine Cities.â⬠Canadian Journal of Criminology 44, no. 2 (2002): 181+. Lawson, Paul E. ââ¬Å"When Statesââ¬â¢ Attorneys General Write Books on Native American Law: A Case Study of Spaethââ¬â¢s American Indian Law Desk book.â⬠American Indian Quarterly 19, no. 2 (1995): 229-236. Nielsen, Marianne O. and Robert A. Silverman, eds. Native Americans, Crime, and Justice. Boulder, CO: Westview Press, 1996 Nourse, V.F. ââ¬Å"Reconceptualizing Criminal Law Defenses.â⬠University of Pennsylvania Law Review 151, no. 5 (2003): 1691+. Parman, Donald Lee. Indians and the American West in the Twentieth Century. Bloomington, IN: Indiana University Press, 1994. Pevar, Stephen L. The Rights of Indians and Tribes: The Basic ACLU Guide to Indian and Tribal Rights. 2nd ed. Carbondale, IL: Southern Illinois University Press, 1992. Prucha, Francis Paul. The Great Father: The United States Government and the American Indians. Lincoln, NE: University of Nebraska Press, 1984. Ramirez, Deborah A. ââ¬Å"A Brief Historical Overview of the Use of the Mixed Jury.â⬠American Criminal Law Review 31, no. 4 (1994): 1213-1224. [1] ââ¬Å"Indian Wants Jurisdiction to Combat Terrorism Threat ââ¬Å", Washington Times, Jan 26, 2004. [2] Carole Goldberg ââ¬âAmbrose, ââ¬Å"Public Law 280 and the problem of Lawlessness in California Indian Country, 44 UCLA L.Rev. 1405 [1997].
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