Cantwell v. Connecticut (1940)

Can the government require people to get a special license in order to spread their religious message or promote their religious beliefs in residential neighborhoods? That used to be common, but it was challenged by Jehovahs Witnesses who argued that the government didnt have the authority to impose such restrictions on people. Fast Facts: Cantwell v. Connecticut Case Argued: March 29, 1940Decision Issued: May 20, 1940Petitioner: Newton D. Cantwell, Jesse L. Cantwell, and Russell D. Cantwell, Jehovahs Witnesses proselytizing in a predominantly Catholic neighborhood in Connecticut, who were arrested and convicted under a Connecticut statute banning the unlicensed soliciting of funds for religious or charitable purposesRespondent: The state of ConnecticutKey Question: Did the Cantwells’ convictions violate the First Amendment?  Majority Decision: Justices Hughes, McReynolds, Stone, Roberts, Black, Reed, Frankfurter, Douglas, MurphyDissenting: NoneRuling: The Supreme Court ruled that statute requiring a license to solicit for religious purposes constituted a prior restraint upon speech violating the First Amendments guarantee of free speech as well as the First and 14th Amendments guarantee of the right to the free exercise of religion. Background Information Newton Cantwell and his two sons traveled to New Haven, Connecticut, in order to promote their message as Jehovahs Witnesses. In New Haven, a statute required that anyone wishing to solicit funds or distribute materials had to apply for a license - if the official in charge found that they were a bona fide charity or religious, then a license would be granted. Otherwise, a license was denied. The Cantwells did not apply for a license because, in their opinion, the government was in no position to certify Witnesses as a religion - such a decision was simply outside the governments secular authority. As a result they were were convicted under a statute which forbade the unlicensed soliciting of funds for religious or charitable purposes, and also under a general charge of breach of the peace because they had been going door-to-door with books and pamphlets in a predominantly Roman Catholic area, playing a record entitled Enemies which attacked Catholicism. Cantwell alleged that the statute they had been convicted under infringed upon their right to free speech and challenged it in the courts. Court Decision With Justice Roberts writing the majority opinion, the Supreme Court found that statutes requiring a license to solicit for religious purposes constituted a prior restraint upon speech and gave the government too much power in determining which groups were permitted to solicit. The officer who issued licenses for solicitation was authorized to inquire whether the applicant did have a religious cause and to decline a license if in his view the cause was not religious, which gave government officials too much authority over religious questions. Such a censorship of religion as the means of determining its right to survive is a denial of liberty protected by the First Amendment and included in the liberty which is within the protection of the Fourteenth. Even if an error by the secretary can be corrected by the courts, the process still serves as an unconstitutional prior restraint: To condition the solicitation of aid for the perpetuation of religious views or systems upon a license, the grant of which rests in the exercise of a determination by state authority as to what is a religious cause, is to lay a forbidden burden upon the exercise of liberty protected by the Constitution. The breach of the peace accusation arose because the three accosted two Catholics in a strongly Catholic neighborhood and played them a phonograph record which, in their opinion, insulted the Christian religion in general and the Catholic Church in particular. The Court voided this conviction under the clear-and-present danger test, ruling that the interest sought to be upheld by the State did not justify the suppression of religious views that simply annoyed others. Cantwell and his sons may have been spreading a message that was unwelcome and disturbing, but they did not physically attack anyone. According to the Court, the Cantwells simply did not pose a threat to public order merely by spreading their message: In the realm of religious faith, and in that of political belief, sharp differences arise. In both fields the tenets of one man may seem the rankest error to his neighbor. To persuade others to his own point of view, the pleader, as we know, at times, resorts to exaggeration, to vilification of men who have been, or are, prominent in church or state, and even to false statement. But the people of this nation have ordained in the light of history, that, in spite of the probabilities of excesses and abuses, these liberties are in the long view, essential to enlightened opinion and right conduct on the part of the citizens of a democracy. Significance This judgment prohibited governments from creating special requirements for people spreading religious ideas and sharing a message in an unfriendly environment because such speech acts do not automatically represent a threat to public order. This decision was also notable because it was the first time that the Court had incorporated the Free Exercise Clause into the Fourteenth Amendment - and after this case, it always has.

The Mandatory Minimum Sentencing Laws - 1613 Words

Current mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safety valves and implementation of the Fair Sentencing Act are a few methods Congress employed to combat racial disparity in prisons. Mandatory minimum sentencing harshly punishes non-violent offenders, disproportionately affects minorities, and skews the balance of power between judges and prosecutors. Throughout the majority of the 19th and 20th century, federal trial judges had a great deal of unlimited sentencing discretion. Unrestrained discretion can lead to sentencing disparities in particular cases, such as drug possession crimes. In 1952, the United States Congress enacted the Boggs Act, one of the first instances of mandatory minimum sentencing. Under the Boggs Act, the possession of marijuana, cocaine, or heroin carried a mandatory minimum of two years with a maximum of five years in prison. Nevertheless, in 1970, the United States Congress revoked the mandatory minimum sentencing for cannabis offenses. Later in 1986, the Anti-Drug Abuse Act created new mandatory minimumShow MoreRelatedThe Mandatory Minimum Sentencing Laws1688 Words   |  7 Pageserrors; one in particular that caught my attention was the mandatory minimum sentencing laws. These laws basically set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount. Sentencing procedures can vary from jurisdiction to Jurisdiction. Most of these laws are ineffective and causes unnecessary jail overcrowding. Read MoreThe Mandatory Minimum Sentencing Laws1528 Words   |  7 Pagespenalties, mandatory minimum sentencing laws were enacted. These laws help keep citizens protected, while criminals are incarcerated. John Oliver, the host of Last Week Tonight with John Oliver, talks about how mandatory minimum sentencing increases the number of criminals incarcerated, and he believes the length of their prison time is longer than it should be. He shows videos of criminals who were convicted under the mandatory minimum law with drug crimes. These videos explain how this law affectedRead MoreIs The Mandatory Minimum Sentencing Law?1593 Words   |  7 Pagessomeone in the second degree and be sentenced to a minimum of 10 years ? Is it right to take a parent away from their children for upwards of 20 years? The United States government thinks this is fair and allows for less discrimination in the federal justice system, this law is called the Mandatory Minimum Sentencing law. It has been around since the late 18th century, but did not start affecting drug possession until mid 20th century. Mandatory Minimums were initially designed to have a â€Å"cookie cutter†Read MoreThe Mandatory Minimum Sentencing Law1411 Words   |  6 Pagessentenced to a minimum of 10 years? Is it right to take a parent away from their children for upwards of 20 years? The United States government thinks this is fair and allows for less discrimination in the justice system, this law is called the Mandatory Minimum Sentencing law which has been around since the late 18th century. The Mandatory Minimum is for several types of crimes ranging from drug possession, possession of illegal firearms, and sex crimes against children. But this law was initiallyRead MoreThe Mandatory Minimum Sentencing Laws1347 Words   |  6 PagesThe establishment of mandatory minimum sentencing laws has been a policy blunder since their proliferation in the 1980s. Mandatory minimum laws are negatively affecting the U.S, economically and socially. These laws effectively strip judges of their ability to adjudicate a fair punishment by setting a minimum sentence and handing their discretion over to prosecutors. A number of individuals and their families have been negatively affected by mandatory minimum penalties, however, there are othersRead MoreThe Mandatory Minimum Sentencing Laws2000 Words   |  8 Pagesrequired minimum sentencing laws. Laws that are put intact so that Congress might have control over what happens with a convict in the judiciary court system. It is essential that these laws are dealt away with; they are creating greater harms than benefits for the public. They are costing the American people from their mo ney, abstinence from their families, and to some extent even rights as U.S. citizens. The United States Congress should repeal mandatory minimum sentencing laws. â€Å"A mandatory term stipulatesRead MoreMandatory Minimum Sentencing Laws For Drug Offences1089 Words   |  5 Pagesthe most notable being mandatory minimum sentencing laws for drug offences. This issue has been extensively researched by Kieran Riley with an article in the Boston University Law Journal titled â€Å"Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine†, Paul Cassell and Erik Luna with a peer-reviewed scholarly article titled â€Å"Sense and Sensibility in Mandatory Minimum Sentencing†, and the Families Against Mandatory Minimums organization with a policyRead MoreThe War On Drugs And Mandatory Minimum Sentencing Laws1468 Words   |  6 Pagescriminals walking free while so many non-violent offenders are locked up? Although various aspects have fueled this inequity of justice, the factors that have contributed the most to this development are, undoubtedly, the War on Drugs and mandatory minimum se ntencing laws which have led to punishment disproportionate to the offense. 59% of rape cases and 36.2% of murder cases in the United States are never solved. In 2011, less than half of all violent crimes committed found any resolution. This dilemmaRead MoreMandatory Minimum Sentencing Laws Should Be Legal Essay1217 Words   |  5 PagesMandatory minimum sentencing laws entail binding prison terms to a certain length for people who have been convicted of state or federal crimes. These intransigent, â€Å"universally adaptable† sentencing laws may seem like an easy and quick solution for crime. However, these laws prevent judges from suiting the punishment to the criminal according to their offenses. Mandatory minimum sentencing causes not only state but federal prisons to overcrowd, extortionate tax costs, and deflect from law enforcementRead MoreMandatory Minimum Sentencing Laws Should Be Legal1150 Words   |  5 Pagesuse of mandatory minimum sentencing laws to keep drug offenders locked up for longer than they should be. Mandatory minimum sentencing laws are laws that require binding prison terms of a particular length for people convicted of certain federal and state crimes. Most mandatory minimum sentences apply to drug offenses, but Congress has enacted them for other crimes, including certain gun, pornography, and economic offenses. For the purpose of this paper, the focus will be on the mandatory minimum

Technological Advancements Are Being Taking-Myassignmenthelp.Com

Question Discuss About The Technological Advancements Are Being Taking? Answer: Introduction Technological advancements are being taking place in every business sector at an extremely rapid rate. Internet of Things (IoT) is one of the examples of the latest developments that have been done. IoT refers to the working of a varied number of elements such as computing devices, electrical applications, databases etc. through an inter-networking medium that is Internet. The goal of each of the elements that are involved in a particular IoT application is common. There are various entities that are working on different IoT projects currently (Rose, 2015). Microsoft along with Schneider Electric came up with one such project in the agriculture field and termed it as Kiwi IoT project. Problem Definition Every country has agriculture as one of the major activities that are performed. A large share of water and mineral resources are used in the activities that are associated with agriculture. There are several issues that come up in terms of farming methods, monitoring and control, gathering of information etc. that are involved in the process. Waterforce is an organization that brought a solution to such issues with a cloud based IoT system carrying out latest analytics and remote monitoring to execute sustainable farming (Itbrief, 2017). Application of IoT in Agriculture Solution Features The system is scalable in nature Cloud-based Mobile capabilities are provided Detailed analysis of the watering plants that are involved Compliance check with the regulatory processes Remote control and monitoring of the agricultural activities Data collection and analysis to understand weather patterns Adjustments of the irrigational activities as per the weather situations Backing up of the data Smart farming Processes Working of the Project The solution that is designed by Waterforce in collaboration with Microsoft and Schneider Electric has been termed as SCADAfarm. It is a water management and irrigation organization system that makes used of the IoT platform that has been developed by Microsoft Azure. The framework that is used in the system is provided by Microsoft in the form of its hub services. The software, hardware along with the technologies that have been implemented have been contributed by Schneider Electric. It makes use of the cloud based architecture including several sensors, controls and automated speed driving equipment (Zheng, 2017). Pros and Cons Currently, the solution has already been implemented in various farms across New Zealand. The primary aim of the system is to support sustainable environment with the aid of environment friendly farming practices. The system makes use of extensive water logistics and pumping uphill to ensure that the steep terraces are provided with adequate water supply (Chen, 2014). The management of the farms with the use of traditional farming equipment and the traditional practices is not applicable anymore. Also, it possesses a lot of risk for the environment as well (Evans, 2011). SCADAfarm, therefore, enriches the practices and procedures that are followed in the farming activities. The following benefits are provided to the users with the installation of the IoT system. The system allows the remote monitoring to be carried out in association with the irrigation pumps that are used in the farms The operations that are executed with the aid of the irrigation pumps can also be done remotely The system allows the customization activities to be done for every category and type of the crop Customization and suggestions are also provided on the basis of other factors such as type of the soil along with the level of moisture that is present The system gathers the real-time data from the weather stations to provide recommendations on the practices that shall be applied on the basis of the weather condition There are, however, a few cons that are also associated with the IoT system. The main drawback that exists is the cost that is associated with the system. The cost of the equipment along with the deployment and maintenance cost is considerable. There is also a frequent update of the system that is required to be done to make sure that there are no flaws and defects present. There may be technological guidance that may also be necessary to understand a few features and functionalities. There is assistance and support included in the system; however, the user may get stuck in certain scenarios. Conclusion IoT applications have the ability to add a lot to the utility of the users along with the other benefits in terms of ease of usage, inclusion of automation and so on. The IoT system that has been described above also offers many benefits in the form of environmental advantages as the system supports conservation of resources and also carries out sustainable farming (Miorandi, 2012). References Chen, S. (2014). A Vision of IoT: Applications, Challenges, and Opportunities With China Perspective. Ieeexplore.ieee.org. Retrieved 8 August 2017, from https://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=6851114 Evans, D. (2011). The Internet of Things How the Next Evolution of the Internet Is Changing Everything. Retrieved 8 August 2017, from https://www.cisco.com/c/dam/en_us/about/ac79/docs/innov/IoT_IBSG_0411FINAL.pdf Itbrief. (2017). Microsoft Schneider Electric partner on Kiwi IOT project. Itbrief.co.nz. Retrieved 8 August 2017, from https://itbrief.co.nz/story/microsoft-schneider-electric-partner-kiwi-iot-project/ Miorandi, D. (2012). Internet of things: Vision, applications and research challenges. Retrieved 8 August 2017, from https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.717.517rep=rep1type=pdf Rose, K. (2015). The Internet of Things: An Overview. Retrieved 8 August 2017, from https://www.internetsociety.org/sites/default/files/ISOC-IoT-Overview-20151014_0.pdf Zheng, L. (2017). Technologies, Applications, and Governance in the Internet of Things. Retrieved 8 August 2017, from https://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.477.3121rep=rep1type=pdf

Psychodynamic and Humanistic Theories

The world has been characterized by many psychologists. They strive towards explaining and solving issues associated with human behavior and personality. Psychologists owe much allegiance to several people. Sigmund Freud, Abraham Maslow and Carl Rogers have contributed significantly to the growth of psychology (Capuzzi, 2004). Several theories such as Psychodynamic, Humanistic and Existential, Dispositional, or Learning are common. This paper gives an analysis of the Psychodynamic and Humanistic theories.Advertising We will write a custom essay sample on Psychodynamic and Humanistic Theories specifically for you for only $16.05 $11/page Learn More Psychodynamic Theory Psychodynamic Theory correlates human behavior and relations to conscious and unconscious influences. Today, the role of social factors in development is also considered in psychodynamics (Capuzzi, 2004). Psychodynamic therapy places emphasis on unconscious processes revealed in ones presen t behavior. Psychodynamic therapy aims at understanding the influence of the past on present behavior. In addition, a client’s self-awareness is vitally important. Past dysfunctional relationships contribute to unresolved conflicts and symptoms. The manifestation of such is important to a psychotherapist. Psychoanalytic theory is the genesis of the psychodynamic theory. The Freudian, Ego Psychology, Object Relations and Self Psychology theories are four schools of psychoanalytic theory that influence psychodynamic theory. According to Freud, self (or ego) regulates between the id and external reality (Capuzzi, 2004). The importance of early childhood experiences, internal psychological processes and existence of unconscious motivation, ego and defense mechanisms are the major concepts in this theory. Psychic equilibrium is maintained through defense mechanisms. The latter minimizes any pain suffered. The superego aims at regulating drives through guilt. Ego psychology focuses on promoting ego function that is in line with the demands of reality. Individual’s capacity for defense, adaptation and reality testing are emphasized in great depth (Capuzzi, 2004). Object Relations psychology asserts that the surrounding shapes human beings. The fact that most time is spent maintaining relations and differentiating ourselves from others are reminiscent of this theory. Childhood representations of self manifest themselves in adult relations. The mastery of old relationships is achieved. This makes it possible to be freed from such relationships. Self psychology is concerned with the impact of presence or lack of a sense of self-esteem. The establishment of boundaries and differentiation of self is emphasized (Bernstein, 2010). Psychodynamic psychotherapy incorporates Freud’s ideas of psychosexual development, free association, defense mechanisms and therapeutic techniques of interpretation. The long term goals of psychodynamic psychotherapy are symp tom and personality change. Early life conflicts, non-psychotic and personality disorders are addressed.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Psychodynamic therapies conducted to treat depressed persons resolve the patient’s conflicted feelings. Their duration of the therapies is until when depressive symptoms improve (Bernstein, 2010). Psychodynamic counseling is concerned with how past experiences impact on the development of current behavior. Unconscious mediation is through unconscious processes. The fact that past experiences always leave lasting traces influences self-esteem. Maladaptive patterns of behavior may consequently follow. Therapists make interpretations in regards to patient’s words and behaviors based on what the patient talks about. Dream interpretation and cognitive-behavioral techniques may be applicable in special cases. Free association and dreams are vitally important in the understanding of the unconscious aspects. Patients are usually enlightened through interpretation. However, therapists face objection produced by individuals’ defense mechanisms. Therapists, therefore, do not aim at eliminating these defense mechanisms. Rather, they replace unhealthy ones with more adaptive and functional systems (Bernstein, 2010). The patients are also made aware of their psychological needs and drives. Humanistic Theory Humanistic theory asserts that ongoing determining forces influence individual’s mind. The society also plays a part in influencing the human mind. Humanistic theories enjoy a rich history that spans from the 1950s. Humanistic theories are concerned with the basic goodness of human beings. Carl Rogers and Abraham Maslow are the greatest human theorists (Capuzzi, 2004). The development of the theory came as a reaction towards the criticized psychoanalysis and behaviorism. Whereas psychoanalysis was concerned wi th how unconscious motivations drove behavior, behaviorism focused on conditioning processes that yielded behavior. The two theories were considered too pessimistic, by virtue of neglecting personal choice and emphasizing on most tragic of emotions (Bernstein, 2010). Individual’s potential, importance of growth and self actualization are the major focus areas of humanistic theories. It is believed that people’s goodness is innate. Mental and social problems are produced once deviations from this natural tendency are encountered. Abraham Maslow considers human psychology as the ‘third force’ in psychology after behaviorism and psychoanalysis. Humanistic therapy is greatly concerned with growth and fulfillment of the self. Self-mastery, self-examination and creative expression all influence self-actualization. Freedom of choice influences one’s experiences, making it the core consideration in human psychology.Advertising We will write a custom es say sample on Psychodynamic and Humanistic Theories specifically for you for only $16.05 $11/page Learn More Self-determination and influences of unconscious and the society are considered. According to this theory, each person is free to choose his/her own behavior regardless of the environmental stimuli and reinforcers available. Self esteem, self-fulfillment and needs are important parameters addressed under the theory. The facilitation of personal development is the major focus. Humanistic therapy aims at ensuring that human beings are held with constructive view and substantial capacity of self determination. A humanistic therapists bears several ideal qualities among them; being genuine, non-judgmental, emphatic, reflective listener, use of open-ended responses. Tentative interpretation is also paramount in the promotion of a client’s self-understanding, acceptance and actualization (Bernstein, 2010). Humanistic Theory versus Psychodynamic Theor y The fact that human behavior is influenced by some environmental conditions is worthwhile. Humanistic theory asserts that a person has the free will to either do good or bad. The environment provides different contrasting options for humans. This explains why criminals opt for evil deeds in a society dominated by responsible people. Psychodynamics therapy focuses on the analysis of defense mechanisms that crop after an experience (Bernstein, 2010). The environment at the time of the experience may be good or bad hence the observed defense mechanisms. Humanistic theory is concerned with human positivity and goodness. Psychodynamic theory on the other hand is concerned with the influence of past experiences on human behavior. Lack of self control in the latter theory is highly criticized by humanistic theorists. They insist that individuals are powerful to influence their own behavior (Weiten, 2002). Humanistic theory is criticized for being too general. The lack of specific approac hes to treatment of specific problems is evident. The free-will notion of the theory makes innovation of treatment techniques complicated. In addition, the humanistic therapy fails to address serious cases such as schizophrenia (Bernstein, 2010). Psychodynamic theory, on the other hand, is a useful tool for examining and addressing serious personality and mental health disorders. The theory is specific in scope because much emphasis is placed on the influence of past experiences on present behavior. Humanistic theory is subjective as compared to psychodynamic theory. It is usually difficult to ascertain whether a person is self actualized or not. The theory does not provide standards used to measure the levels of human determination, esteem and achievements. Individual assessment of self and achievement is therefore relied upon.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More The findings and conclusions obtained may therefore be a false reelection of the reality. Contrary, Psychodynamic theory is relatively les subjective. The effect of past experiences usually impact on one’s life. The manifestation of such experiences in future is used by the therapist to understand the behavior (Weiten, 2002). Humanistic theory is applied in most key sectors such as education, healthcare and business. The Maslow’s hierarchy of needs is used for motivation in most organizations. The inculcation of zeal and desire to grow academically, economically and social creates a favorable ground for personal development (Weiten, 2002). The theory encourages people to be good. The success of prominent persons is considered the fruit of human determination. Psychodynamic theory is not widely used. However, it is applied in the healthcare sector in addressing mental disorders. Conclusion It is important to appreciate the good work that psychological theorists have don e. The understanding of human behavior is not only important to psychologists but also human beings who need to have an insight of how ego and the environment impact on their behavior. Psychodynamic theory is concerned with how past experiences influence the behavior of persons in later stages of life. Humanistic theory on the other hand asserts that, though the environment influences experiences, free will governs human behavior. It is therefore important to know the limits to which the environment influences human behavior. The fact that both theories support environmental influence on human behavior makes them similar. However, generalization and subjectivity associated with Humanistic theory makes it different from the psychodynamic theory. Humanistic theory may be widespread in nearly all major sectors. However, it is important to appreciate the role played by other theories in the demystification of human behavior. Psychodynamic theory should not be overlooked since it helps s olve serious mental and social disorders. References Bernstein, D. (2010). Essentials of Psychology. Wadsworth Plc. Capuzzi, D. (2004). Counseling and Psychotherapy: Theories and Interventions. New Jersey: Prentice Hall. Weiten, W. (2002). Psychology: Themes and Variations. Belmont: Wadsworth Plc. This essay on Psychodynamic and Humanistic Theories was written and submitted by user Kymani Scott to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.