Link between Law, Democracy, and Governement - Essay Example

Law, Democracy and Criminal Justice policy LINK BETWEEN LAW, DEMOCRACY AND GOVERNMENT AND THE EMPLOYEE BEHAVIOUR. Law, Democracy and Criminal Justice Policy 2 The Government of United States has its own inclination. Being considered as a supreme power among the other nations, it works under the hold of men who are able and excelled in power. As mentioned above ablest men take charge of the head of affairs. When analyzing the United States Government functions beneath the following demands such as, nation’s defense, economic privation, politicians and repugnant population. The word Democracy will come to the point when the subject of government is reviewed. Initially the word democracy means, groups of people taking a decision that has to be accepted by the one who occupies the leadership position in the government. Democracy does not concentrate on an individual’s opinion. The United States Government, though having republic states in it, the continuous violation of laws and the struggle of the employees seem to have created a unfaithful atmosphere for the employee surrounding. The link that goes in between law, democracy and the government policies focuses on an imbalanced situation where only least benefits are visible for the employee community. The survey reports given in some of the journals, magazines and in websites show us the consequences as well as the root causes for such an imbalanced attitude going amidst the government and the employees. The overall estimation is that the United Law, Democracy and Criminal justice Policy 3 States Government has failed to concentrate in the well being of the employee and their chief ideology gives impression only to those who are in power. In general all forms of democratic government depends on their acceptance of population be it aggregative or deliberative or participatory. The United State Government focuses on its hold, in the sense; less chance are given to the population to enroll in any participatory activities such as demanding their rights. United States follow the Federal Government, which works under the leadership of President, Vice-President, Congress and the Senate. This form of rule is the dominant trait of United States. Every citizen is subjected to obey the three governing bodies such as [1].The Federal Government, [2]. The State and [3] County. The State Government has its own responsibilities. The events taking place within a concerned state should come under the supervision of the State it self. The events or matters include property regulations, industry, business, and other public necessities and finally the criminal section of that particular state. The aim of the Federal Government is to look at the State as a republic and at the same time the State should not make a move in contradiction o the rules or laws of the Federal Government. The State Government on the Whole is looked upon as in individually regulating power though by following the same laws of the Federal Government. Law, democracy and Criminal Justice Policy 4 The concept of the United States Government has been discussed so far, now the link lies in the laws and regulations forwarded by the Federal Government. The State needs to maintain a statute of its own, provided nothing goes in contradiction with the decrees of the Federal Government. The Federal Government has nothing to do with the affairs that take place in the State. No monitoring is also done in case of any dispute settlement. The State has also the power to screen the activities of the private sectors also. THE CRIMINAL JUSTICE POLICY: It is the area that includes regulations of human behavior. The rules are outlined by the “authoritative members of the politics, officials who have superior designations [officials includes lawyers, police, judges].” [ Health and Human Services Commission, Family ViolenceProgramme Shelter center Provider Manual.Online . April.07. 2006] Punishments are given to those who take part in any action in such a way that affects the rules of the society. The research reports say that the United States Government though works out well in protecting the human rights “has failed to do so in the case of the work places”[The National Works right Institute, Mission Statement, online.April. 06 2006] Law, Democracy and Criminal Justice Policy 5 There seems to be a prolonged conflict going between the workers and the ruling authorities. The result reflects the Government as concentrating on maintaining the same economic stability in the world rather than offering the demands of the workers. “Of the Seven Work Place rights called for by the Universal Declaration of Human Rights and International Covenant of Economic, Social and Cultural Rights, none receives protection under United States law” [“The National Works Right Institute”, Mission Statement n.p] The quote mentioned above is a proof to understand the problem that runs between the workers and the Government. And the common industrial rights are still to be recognized by the United States Government. Being a supreme power in the world scenario, the regardless attitude of the United States towards the international rules for employees creates a sense of hurt of other countries as well. Since there are many individual nations which had launched their work enterprises with in the American border, are in high demand for their works to get establishment and advantages for their workers. As far as The International Declaration of Human Rights and The International Covenant of Economic, Social, Cultural Rights are concerned they have the Law, Democracy and Criminal Justice Policy 6 following rights proposed for their workers . They are Freedom of association, freedom of expression, privacy policy, equal treatment, safety, health and adequate compensation. In reality these rights are not recognized by the American law. The link between the Federal Government and the Criminal Justice Policy is concentrated towards solving criminal offences, but in actual sense it has to take an over all analysis of all the issues concerning all sorts of criminal activities and other social activities such as the labor problems. The role of the Federal Prosecutors should be an unbiased one. Several reports regarding the working of the Federal prosecutors show that they estimate their value in terms of finance not in terms of career. They seem to use their position in order to grab all the possibilities of obtaining experience in litigation only to apply them later in getting higher position and also in getting high payments. All these resulted in the violation of human rights. During the course of some 10 to 20 years human rights violation seem to be very obvious. This includes the less care given by the Criminal Justice Policies, brutality of the police, worst condition of imprisonment, violation of worker’s rights, authoritative punishment announced by the State even for small offenses committed by mentally disabled persons. During these moments the Criminal Justice system appears to work in the peak of its brutality. Law, Democracy and Criminal Justice Policy 7 Apart from the petty offences and the cruel punishments there was over crowding in the prison and resulted in the forming of private prisons. There were uncountable abuses happening over the prisons. This includes racial pestering, sexual abuse and vicious treatment of the police. This is obviously a strong weakness in laws. Nothing seems to work in favor of the citizens or the working community. The continuous field researches done in places like California, Colorado, Illinois, Louisiana, New York, Washington etc., reflects on extensive labor rights violation. These violations took place in across industrial regions and employment status. One of the reports says: “each year thousands of workers in the United States are spiced on, harassed, pressured, threatened, suspended, deported, or otherwise victimized by employers in reprisal for their exercise of right to freedom of association” [United States, Human Rights Watch World Report 2001.online..n.p] Moreover the visas of the migrant workers were violated and the domestic migrant’s visas were under the control of the employers, so, they could not migrate to another state and they lose the knowledge of their present rights also. Law, Democracy and Criminal Justice Policy 8 The present situation is very severe, the Government has introduced the Electronic mailing system in the sense to make the work fast .This has become a common feature of the American work place. “According to s recent study, over 130 million workers are currently flooding recipients with 2.8 billion e-mail messages each today” [Hawkins.D. Office Politics In the Electronic Age Work Place.online .April 06.2006] This technology improvement has become a strong cause for the violation of workers’ rights. The e-mail started collateral problems such as affecting the privacy of the workers. Some companies have gone to the extent of recording the telephone calls that come for the workers. The American legal surrounding as mentioned earlier is acting in such a way that it is not prepared to give a solution to this problem. It has become like neither the State, nor the Federal could do something to prevent the violation of human rights. And also they d not come forward to deliver a clear concept to the workers’ problems, The e-mail system monitors the employees all their time and absolutely received their contempt. “The Enactment Electronic Communications Privacy Act of 1986[ECPA] seems to be an illusionary one” [Corney.A. Monitoring Employee E-Mail: Efficient Work Places Vs. Employee Privacy.online.April 07.2006] Law, Democracy and Criminal Justice Policy 9 On the whole the employee behavior is obviously not smooth because the laws proposed are not been enacted favoring them. REFERENCES Corney.A.Ciocchetti, MONITORING EMPLOYEE E-MAIL: EFFICIENT WORK PLACES VS.EMPLOYEE PRIVACY. Duke Law and Technology Review. online.www.law.duke.edu/journals/dltr/articles/2001dltr0026/html. April.07- 2006. Hawkins.D, Office Politics in the Electronic Work Place, Duke Law and Technology Review.online. www.law.duke.edu/journals/dltr/articles/2001dltr002/html.April 06.2006. Health and Human Servises Commission, Family Violence Program Shelter Centre Provider Manual. Online.www.dads.state.tx.us/handbooks/fvp.symp/glossary. April 07 - 2006. United States, Human Rights Watch World Report 2001.online www.hrw.org/wr2kl/usa/index.html. Read More