SOLUTION: OCC Private Prisons and The Prison Industry as A Profit Venture Discussion

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6 Forum Responses 150-250 words each please see description

For forum responses 1-4 please use bluebook format if needed. Forum response 1 topic: Legal research and writing The Nordic Model is the term used to refer to the laws regarding prostitution that are enforced in Sweden, Finland, Iceland, Norway, Northern Ireland, and other European countries. These laws target the buyers of sex and essentially decriminalize selling sex. Scandinavian Human Rights Lawyers, Nordic Model, available at http://humanrightslawyers.eu/human-trafficking/nordic-model/ (Last visited October 15, 2018). Basically, the buyers of sex would face criminal prosecution, but the sellers would not due to prostitution being recognized by the law as a form of violence. I do not believe the United States should adopt the Nordic Model in its treatment of prostitution. I cannot say entirely that nobody gets hurt in a sale of sex between two consenting adults, but the seller of sex in this scenario is voluntarily taking those risks. The truly dangerous forms of prostitution are typically human trafficking and underage prostitution. The Nordic Model will do little to help the victims in these situations, which is the direction that our laws regarding prostitution should take. An estimated 199,000 incidents of sexual exploitation of minors occurs each year in the US. U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation, Human Trafficking Into and Within the United States, available at https://aspe.hhs.gov/system/files/pdf/75891/index.pdf. While it is hard to get an accurate assessment, the same report estimates that about 50,000 people are trafficked into the US each year. Id. These crimes are already illegal and adopting a model that decriminalizes selling sex will likely have no effect on these. I believe adopting the Nordic model would almost cause too much focus on prosecuting buyers who buy prostitutes or go to brothels (purchasing from consenting adults) rather than diving deeper into the world of trafficking or forced prostitution. Another issues I see with the Nordic model is that by only criminalizing the act of buying, the law will put extensively more pressure and likely harsher consequences on the buyers. This scenario could lead to buyers looking for less conventional ways to pay for sex, which may lead to more heinous crimes such as rape, statutory rape, or trafficking. If a person looking to pay for sex is afraid the sex worker can go to the police with no consequences for selling sex and turn the buyer in, they will likely look for other ways to get sex. What I am trying to say is that buyers of sex will unlikely be swayed from committing the act of buying sex with the Nordic model, but they will be more inclined to do it in the utmost secrecy rather than buying from a consenting sex worker in a brothel perhaps. In short, the Nordic Model would most likely not have the desired outcome of reducing prostitution in the US, but more likely increase the risks of violence against sex workers, and would not focus our laws in the correct direction regarding prostitution. Forum response 2 topic: Legal research and writing The United States should not adopt the Nordic model in its treatment of prostitution. Prostitution should be legalized as it is in Nevada. When prostitution is legalized, the (mostly) women report greater job satisfaction and worker safety is enhanced. [1] Sweden introduced the Nordic model to decriminalize prostituted people, however, violence did not disappear after the model was introduced. [2] In an article by Canadian National Post, the writers indicate that “dangers to women’s health and well-being are ignored” in the Nordic model. [3] Swedish sex workers have found other ways to meet their clients such as the internet and giving out their phone numbers to possible clients they meet to avoid the traditional street prostitution. [4] With other ways to meet clients, the true number of people buying and selling sex may not be known. The Nordic Model does not address this issue. With the safety and well-being of prostitutes being a high priority for all, those countries that have legalized prostitution show that brothels requiring licensing provide safe working environments. Since completely shutting down or eradicating prostitution will likely not happen – it is the oldest profession in the world – the United States should legalize the profession to help keep those involved safe. [1] Stuart Chambers, The Nordic model for prostitution is not the solution – it’s the problem, National Post (f/k/a The Financial Post) (Canada), October 7, 2015 Wednesday, available at https://advance-lexis-com.ezproxy1.apus.edu/api/document?collection=news&id=urn:contentItem:5H3C-FY41-DY2T-6088-00000-00&context=1516831 [2] Helena Grech, Prostitution debate: Should Malta opt for Nordic model rather than go for full legalisation?, The Malta Independent, January 2, 2018, available at https://advance-lexis-com.ezproxy1.apus.edu/api/document?collection=news&id=urn:contentItem:5R9W-9H51-JDJN-62M7-00000-00&context=1516831. [3] Stuart Chambers, The Nordic model for prostitution is not the solution – it’s the problem, National Post (f/k/a The Financial Post) (Canada), October 7, 2015 Wednesday, available at https://advance-lexis-com.ezproxy1.apus.edu/api/document?collection=news&id=urn:contentItem:5H3C-FY41-DY2T-6088-00000-00&context=1516831. [4] id Forum Response 3 topic: Legal Ethics We are slowly but surely coming to the end of this class. Let’s stay motivated as the finish line is near! For this week’s forum we are discussing our respective state’s process for reporting attorney misconduct. I live in the state of Texas and attorneys are governed by the State Bar of Texas. According to the State Bar of Texas, reporting misconduct to the state, or filing a grievance as it is put on their site, is a bit of a process. It starts off with a disclaimer of sorts that advises one to attempt to work out any problems between the would-be filer and the attorney, in an informal setting. They state that many of the grievances that they see filed, can usually be settled without the Bar getting involved. It also mentions that one does not need to be a client of the attorney in order for a grievance to filed. I personally agree with the advice of attempting to settle any proposed misconduct, informally, due to the list of what the Bar constitutes as an act that warrants a grievance. Some of the acts, according to their site, include: The lawyer not returning client phone calls, emails, or letters. The lawyer failed to appear in court or has missed deadlines for their clients. The lawyer refuses to return a client’s file after her or she requests it. When it is evident that the attorney has a substance abuse problem and it is effecting his work. When the lawyer has not paid the client’s part of the settlement after the case has settled. The state Bar also informs one of what they cannot do for anyone that is looking to report such misconduct. Some of what is mentioned includes: Award damages to anyone filing a grievance; Alter any decision from a criminal or civil matter Substitute for any civil or criminal remedies Force the attorney to proceed with any case Provide one with an attorney Provide legal advice; Solve a disputed fee. In regards to filing a grievance for misconduct, one would simply need to form through their online submission. It is preeminent that one answers all the questions on the form to the best of their ability as this is the information, along with any additional attachments, the Bar will use in order to investigate the grievance. After the grievance is submitted, the Bar will determine if the grievance, on its face, constitutes professional misconduct. This determination is made about 30 days after the grievance is filed. If it is determined that misconduct is present, then it will be classified as a formal complaint and consequences are forthcoming. The attorney in question will then have 30 days to respond to the formal complaint and if found that the alleged misconduct is, in fact, true, then the attorney may face private or public reprimands, suspension or disbarment [1][2]. There is also a appeals process if the initial gets dismissed. Before you file an appeal on a dismissed grievance, if one wishes to file more information that was overlooked in the initial grievance, one may refile within 30 days. Otherwise, you may appeal to The Board of Disciplinary Appeals and the decision would be final [3]. Respectfully, Marcos Mancha 1. Regarding Complaints of Professional Misconduct Against Attorneys Licensed in Texas, University of Houston: Law Center, http://www.law.uh.edu/libraries/ethics/attydiscipline/howfile.html. 2. File a Grievance, State Bar of Texas, https://www.texasbar.com/AM/Template.cfm?Section=File_a_Grievance&Template=/CM/HTMLDisplay.cfm&ContentID=29656#top. 3. Id. Forum Response 4 topic: Legal Ethics Misconduct with your lawyer is not a fun time and I’m sure no one ever wants that to happen. Lawyers are the people that are supposed to help you if that is the side of justice you’re on. You pay them and trust that they are going to get you to that outcome that you are looking for. In the state of New Mexico there are ways to report and I will tell you how to do so. So that way you are never scrambling on how to do it. There are a lot of rules that a lawyer can break but regarding misconduct there are tons of way a lawyer can violate this. These rules are according to the New Mexico Rules of Professional Conduct (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) willfully violate the Supreme Court Rules on Minimum Continuing Legal Education or the New Mexico Plan of Specialization, or the board regulations promulgated under the authority of the rules or the plan; (f) state or imply an ability to influence improperly a government agency or official; (g) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or (h) engage in any conduct that adversely reflects on his fitness to practice law In the state of New Mexico, you would file a complaint letter to the Supreme Court of New Mexico. There is a website that you access for the Supreme Court of New Mexico and from there you go to the side bar and click on complaints. You then write a letter stating your complaint against that lawyer and it goes to the board for review. There is also a site where you could file a complaint online. I believe that would be quicker. Misconduct is reported to the States Disciplinary Board. There are many ways that lawyers get “punished” for violating the Rules of Professional Conduct. I believe that these ways fit the violation. I have found a lawyer that has violated some of the rules but one of them way 16-804(d). The lawyer was David Reyes. He was representing a client after an automobile accident. The complaint was that Reyes failed to properly represent her in her case. Reyes failed to communicate with his client over a substantial amount of time. He filed a complaint with the court but was dismissed for lack of prosecution. When asked about his misconduct Reyes stated that it was true and that his performance in her case fell far beyond the required standard. Reyes was only issued A Formal Reprimand. I believe that every lawyer gets what they deserve. Just like the constitution says the punishment must fit the crime. Bre -New Mexico Rule 16-804 Our Documents Nmdisboard.org, https://www.nmdisboard.org/Documents.aspx?NID=558 (last visited Oct 16, 2018) New Mexico Rules of Professional Conduct Law.cornell.edu, https://www.law.cornell.edu/ethics/nm/code/NM_CODE… (last visited Oct 16, 2018) Forum Response 5 topic: International Peacekeeping 1988-present Genocide is a catastrophic by-product of intrastate conflict. While not every conflict possesses the environment conducive to this atrocity, the few that have resulted in countless misery within the regions they occurred. Additionally, the repetitive nature of genocidal tendencies within the African continent have plagued the international community with a conundrum, and moral dilemma. At what point is intervention necessary to protect human life over the respect of the regions sovereignty? Kofi Annan felt this dilemma personally as the member in charge of the UN Peacekeeping forces during the Rwandan genocide. Over the course of a few short months, approximately 800,000 people were killed within Rwanda (Carlsson 2005, 838). The grotesque success of this effort was largely contributed to the inability of the UN to adequately intervene, or stop the event as it was occurring. These events and the presumptive failures of the international community to stop them, led eventual Secretary-General Kofi Annan to challenge the UN and the international community to “’…pledge, to ourselves as moral beings and to each other as a human community, to act boldly, including through military action when no other course will work, to ensure that such a denial of our common humanity is never allowed to happen again’” (UN Chronicle 2004). Ultimately, though a catastrophic event, the role of Kofi Annan in the wake of one of the greatest human calamities in modern history served to introduce the idea of a responsibility to protect. Warner explains that during the years preceding the events in Rwanda, the UN “…didn’t see civilian protection as its job, especially protecting civilians against their own government” (Warner 2014). Instead the UN response was to withdraw its forces in the path of the onslaught and not counter the threat (Carlsson 842) (Warner 2014). Though these weaknesses on the part of the UN had been recognized prior to this event, the idea of posturing for a R2P-enforcement mandate had not taken shape. While, the Rwandan genocide was an egregious example of failures within the international community, out of the atrocity arose a necessary conviction to prevent history from repeating itself in the form of international inaction in the wake of genocide. While the normal complexities of intrastate conflict are not absolved, events such as these demonstrate opportunities for world leaders to rise above the failures and instill conviction within the international community. Carlsson, Ingvar. 2005. “The UN Inadequacies.” Journal of International Criminal Justice 3 (4): 837–46. doi:10.1093/jicj/mqi057. (Accessed 15 October 2018). “UN Chronicle.” 2004. UN Chronicle 41 (1): 3. http://ezproxy.apus.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&AuthType=ip&db=aph&AN=13335678&site=ehost-live&scope=site. (Accessed 15 October 2018). Warner, Gregory. (2014). How Abandonment in Rwandan Genocide Changed Peacekeepers’ Role. National Public Radio. Npr.org. https://www.npr.org/2014/04/06/299913830/how-abandonment-in-rwandan-genocide-changed-peacekeepers-role. (Accessed 15 October 2018). Forum Response 6 topic: International Peacekeeping 1988-present Major General Kristin Lund was a breaking point moment for the growth and development in the United Nations peacekeeping. Lund is a good choice. As a women, as you pointed out, she had accomplished much in the male-dominated Saudi Arabia during Desert Storm. As a transport officer in the Gulf War, she did a great job. In 2014, she became the first women to command peacekeeping forces in Cyprus. What obstacles do you think she will face in Cyprus?

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