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Saturday, February 25, 2012

A Research Paper on Prevailing Problem on Counterfeit Drugs

A Research Paper on Prevailing Problem on Counterfeit Drugs 

Recent report shows that there has been a proliferation of fake Avistin in the United States which is a known medication for cancer .  This is an alarming situation considering that a country like US strictly executes and implements its Food and Drugs regulations.  Despite the strict implementation of these regulations, it appears that counterfeiters have still found ways to make money out of counterfeit drugs.

Counterfeit drugs refer to medicines, brand name and generic, which are fraudulently mislabeled with respect to identity and/or source (Ksenjia Vitale, 2011, p. 204).

Ksenjia Vitale said that 15% of all drugs sold globally are fake.  However, given the advancements in Internet technology, it is believed that the problem has grown exponentially.  Studies say that the problem of the circulation of counterfeit drugs in the market was first mentioned at the WHO Conference of Experts on Rational Drug Use in Nairobi, Kenya in 1985.

However, the circulation of counterfeit drugs in the market is very dangerous and inimical to the welfare of the public since counterfeit drugs may cause death due to its failure to cure illnesses and diseases. In some cases, although it may not lead to death, counterfeit drugs can lead to health deterioration because of their active ingredients and chemicals that are harmful to the body. 

The most crucial problem that the public may encounter is that how will they know if the medicines they  buy are not counterfeit drugs? Considering that it is very difficult to detect counterfeit drugs, how can an average American know if the drug he is using for his cancer treatment is fake or not?

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The World Health Organization identified several factors that contribute to the prevalence of counterfeit drugs.
  1. Lack of Political Will and Commitment
  2. Lack of Appropriate Drug Legislation
  3. Absence of or weak drug regulation
  4. Weak enforcement and penal sanctions
  5. Corruption and Conflict of Interest
  6. High Price of Medicines
  7. Inefficient Cooperation between Stakeholders
Therefore, the US Food and Drugs Regulations are proven to be lacking on rules that will certainly eradicate the production and distribution of counterfeit drugs and may not be as strict as the public may think.  The proliferation of counterfeit drugs in the market should serve as a wake-up call on the part of the government. This is a very serious problem that should be properly addressed since it affects the health and welfare of the general public.   The state should at all times protect the health and welfare of its people. The availability of sufficient healthcare and effective medicines is part of a constitutional right that should be enjoyed by everybody. The prevalence of counterfeit drugs is in a way a denial of such right. 

The problem of counterfeit drugs should be urgently solved by passing appropriate legislation imposing stricter punishment to those who will be found guilty of any actions leading to the proliferation of counterfeit drugs. The law should likewise have  implementing rules to mandate appropriate government agencies to chase syndicates that may be involved in the operation and production of counterfeit drugs. The US government should not waste any time and shall promptly address this serious problem on counterfeit drugs.

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Saturday, February 18, 2012

Essay on Philosophy of Leadership

Essay on Philosophy of Leadership

            "Do you understand what I have done for you?  You call me 'Teacher' and 'Lord,' and rightly so, for that is what I am.  Now that I, your Lord and Teacher, have washed your feet, you also should wash one another's feet. I have set you an example that you should do as I have done for you.”  (John 13:12-15)  This highlights one of the qualities of a great leader as emphasized by the greatest leader humanity has ever had – Jesus Christ.  Leadership qualities however are not an exclusive characteristic of Jesus Christ.  All persons have the ability to lead.  However, what separates a great leader from others is what is inside their heart.   
            Since the time of Jesus Christ the concept leadership has immensely evolved.  Leadership nowadays is not simply about the leader but his followers as well.  Leadership is not simply about the traits the leader must have to be effective.  Society has now learned that the best ideas, concepts, goals of a leader will have no value at all without his followers.  Leadership is therefore not a singular term but a plural term always involving the followers.  
            The evolution in the concept of leadership can be seen in the different models that have been conceptualized about leadership.  These models of leadership are: a) Transactional leadership; b) Transformational Leadership; c) Visionary Leadership.  Transactional Leadership is based on the assumption that people are motivated by rewards and punishment (Deanne N. Den Hartog 1997, p.1).  The assumption is that the followers will work better when they know they will receive a reward after accomplishing a particular task.  A Transactional Leader provides a clear organizational structure for the members of the group to understand their roles and responsibilities, the rewards they will receive for following orders and the punishment they will get for not following orders.  Although oftentimes, punishment will not be mentioned, it will always be implied in the organizational structure.  Transformational Leadership is based on the assumption that the people will follow a leader who will inspire and motivate them (Tatiana N. Kuzmenko 2004, p. 1).  A Transformational Leader appeals to the moral values and ideals of his worker so that they will be inspired to accomplish the goals of the organization.  He not only leads by example to the members of the group but he also serves as a good teacher, mentor and coach for the individual members of the group.  His influence is therefore based on his relationship with his members.  On the other hand, a visionary leader is somewhat akin to the transformational leader in the sense that they both act as change agent towards their group. They both inspire their members to transcend themselves and become better people.  What distinguishes the visionary leader from a transformational leader is his vision for the group.  A visionary leader dreams of great things for the future of his organization and for the members of the group.  He always has a plan or model that serves as his compass (William F. Fechter, 1991, p.1). He articulates his vision to his members and shares them so that they may understand where the organization is heading.  
            Though these leadership ideas have greatly improved our knowledge of what a leader is and should be these concepts however have veered away from the essence of being a leader.  These concepts focus on the external manifestations of what a leader should be based on what the followers want to see in a leader.  A transactional leader is not actually a good leader because he depends on the rewards and punishment he gives to his employees.  Once he loses this power to give rewards and impose punishment, he loses the ability to lead.  Transformational and Visionary leaders act and behave with the knowledge that this is what their followers want to see in them.  They know that their followers want to see certain behaviors from them and so they act in accordance with these expectations.  
             I believe the essence of a great leader is not found in what the followers want and what the followers expect.  One of the qualities of a great leader is his ability to serve.  It is because of this reason that I consider Jesus Christ as one of the greatest leaders humanity has ever had.  

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            Firstly, a great leader must have the qualities of godliness and integrity.  The most important criterion therefore is what is inside a person.  He is someone who has a deep and personal relationship with God and who fears God above all else.  A leader who fears God is not capable of anything that is potentially harmful to other people.  He must also have integrity because he must be someone whom the followers can trust.  His character and reputation must be beyond reproach and beyond doubt.  There is no artificiality and duplicity in his character.  A great leader therefore should not only behave properly in public and act beyond reproach in front of his people.  I emphasized character and integrity because recently, a Governor of New York, was forced to step down from his office because of allegations of him having sexual relations with a prostitute involved in a prostitution syndicate.  It was indeed true that outside of this scandal, Elliot Spitzer, the former New York Governor, had served his country well.  In 2002, Spitzer brought legal action against Merrill Lynch after he accused the company of issuing misleading research to investors for the sole purpose of boosting its investment banking revenue.  (Greg Farrell, 2003, p.2)  In 2003, Spitzer was also responsible for spearheading the investigation on the mutual fund industry in view of the findings of “market timing” and illegal late trading of mutual fund shares. (Joseph Kay, p.1)  Nevertheless, this does not negate the fact that he had behaved inappropriately against his family and to his countrymen.
            The second quality of a great leader is that he must be someone who knows how to serve other people.  This is why I think Jesus Christ is the greatest leader as he devoted his life to the service of others.  His whole life was all about service to other people.  He did not act as if he was a King.  This is evident in the manner he chose to be born which is in a lowly and simple manger.  In the above-quoted passage, Jesus Christ washed the feet of his disciples.  He tells his disciples that they should likewise serve other people the way he served them.  The manner he died on the Christ is also an example how he sacrificed himself to save other people.  
            It must however be emphasized that one need not have the qualities similar to God to become an exceptional leader.  Former Prime Minister Winston Leonard Spencer Churchill is also an exceptional leader who showed that he truly cared about the welfare of other people.  Churchill was not only great because of his intelligence which he manifested in all his writings.  He was unequalled not only because of his long political career and his service as Prime Minister.  His greatness lies in his love for liberty and freedom not only for his county but for his countrymen as well.  Churchill’s inspirational words about the importance of freedom reverberated through the world.  It made countries realized that freedom is not only for the rich and powerful countries.  Even the smallest nations deserve freedom from tyrannical rule.  With his powerful words every nation became conscious of how important freedom us and why we should fight for it with our life.  One of his memorable speeches delivered which greatly inspired his countrymen was: “we shall not flag or fail. We shall go on to the end ... we shall fight in the seas and oceans ... we shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills, we shall never surrender...”
            Churchill’s exerted a positive influence to the world.  His leadership also became a role mode for any leader in the world.  He made the oppressors realize that might does not make right. The fact that a country is stronger and more powerful than other countries does not give it the right to conquer any country that it pleases.   At the same time, because of his leadership, the oppressed realized that there is nothing more honorable than dying in the battlefield fighting for the country’s liberty.  The world realized that being conquered by another country is worse than death.  

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Persuasive Essay against the USA Pariot Act

Persuasive Essay against the USA Patriot Act

The USA Patriot Act was passed in response to the terrorist attacks against the American soil.  It could be remembered that on September 11, 2001 several individuals thinking that they had a righteous cause attacked our country leading to the death of many Americans.  The USA Patriot Act granted the federal government sweeping new powers to expand surveillance, curtain financing, and deport aliens in connection with terrorist activity.  (Shinin Sinrar) It seems that some of the provisions of the said law are too intrusive and constitute a threat to the civil rights of every individual, whether citizen or non-citizen. 
            It is true that the state has inherent powers to pass laws necessary to protect the integrity of its territory and the life, liberty and property of its citizens.  In this case, the USA Patriot Act of 2001 was passed as a measure of protection against its citizens to prevent the possibility of another terrorist attack happening in the American soil.  On one hand, the Patriot Act empowered our law enforcement officers to track down terrorists and to stop them before they execute their plan.  With the vast powers the law enforcement officers nowadays have better tools in preventing terrorism. 
            In my opinion however, this same law which seeks to protect us may eventually be used against us to the prejudice of our rights.  It seems that some of the provisions of the law have significant repercussions against our constitutionally protected rights.  In restricting our rights which are protected and guaranteed by the US Constitution, I fear that the said law violates the US Constitution. 

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              Consider for example Section 213 of the USA Patriot Act which expands the authority of the state to conduct “Sneak and Peak” Warrants without first procuring a search warrant.  Such provision gives the state the authority to conduct a search by entering a house, apartment or an office when the occupant was still away. (“How the Anti-Terrorism Bill Expands Law Enforcement "Sneak and Peek" Warrants,” 2001)
            Likewise, the said law grants the state also has the authority to seize the physical property and electronic communications from the suspect.  It also gives the state the authority not to inform the suspect until the time when he is already about to be arrested.  (“How the Anti-Terrorism Bill Expands Law Enforcement "Sneak and Peek" Warrants,” 2001) The said provision violates the Fourth Amendment since it first requires law enforcement officers to first secure a search warrant and to give notice to the person whose property will be searched.  Under the 4th Amendment, as a measure of protection on our privacy rights, the state has to first secure authority from our courts before they could conduct searches and seizures.  Only after a search warrant has been issued can the state start to enter into our property and conduct its search..    
Section 411 of the USA Patriot Act is another questionable provision which affects the individual’s Freedom to associate himself with any group.  Under the said provision, it “permits detention and deportation of non-citizens who provide assistance for lawful activities of a group the government claims is a terrorist organization, even if the group has never been designated as a terrorist organization.” (How the Anti-Terrorism Bill Allows for Detention of People Engaging in Innocent Associational Activity, 2001).  The said provision gives authority to the Secretary of State to determine groups that are considered as ‘terrorist organization.’ The effect of this is that those who are members of the organization which the state has branded as terrorist organizations and those who pay membership dues may be deported.  Thus non-citizen members can be deported regardless whether they knew of the designation of the organization as a terrorist organization and whether the aid they provided had any relationship with the group’s terrorist activities. 

            A careful analysis of the provision of the USA Patriot Act will reveal that the said law is dangerous and is offensive to our rights.  While others may argue that certain restrictions on our constitutional rights may be permitted if it will mean that we will have a safer society it is my firm conviction, however, that our war against terrorism cannot be won by intruding into our most basic rights.  The USA Patriot Act clearly borders on unconstitutionality.  I believe that all measures to counter terrorism must be in strict conformity with the relevant provisions of International Laws and our Constitution.  The hallmark of every democratic society is the freedom and privacy accorded to its citizens.  Every citizen is entitled to their right of privacy in their own houses, papers and things, freedom against unreasonable searches and seizures, Freedom of the Press, Freedom of Expression, Freedom of Assembly and Freedom of Association.  These rights are essential for the enjoyment of our very humanity.  If these most-cherished rights will be sacrificed in the guise of protecting national security, our very humanity will be threatened.  What is the use of protection from terrorists when our very own government is terrorizing us?   

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Essay on Affirmative Action Plan

There is a common misconception that the Civil Rights Act gave rise to the concept of affirmative actions.  There is evidence, however that the reverse is true and that it was the concept of affirmative actions that provided the foundation for the enactment of the Civil Rights Act.  Indeed, affirmative actions have a long history in the US, in fact, even longer than the modern civil rights movement (Steven F. Lawson, 2005, p.1). According to Terry H. Anderson, the beginnings of affirmative actions can be traced three decades before John F. Kennedy issued an order in 1961 calling for “affirmative action to ensure that applicants are employed, and that the employees are treated during employment without regard to their race, creed, color, or national origin.”  (Lawson, p.1)  As early as 1934, the foundations for providing equal employment opportunity was already being laid when the Public Works Administration under the leadership of the Secretary of the Interior Harold Ickes required contractors in cities with huge negro population to employ a fixed percentage of skilled black workers (Lawson p.1) 
Because of its long history, Affirmative Action Programs have been criticized to have outlived its usefulness in view of the substantial progress we have made in the area of equal opportunities (Reginald Stuart, 2008, p.1).  Some say that Affirmative Action Programs have even promoted the discrimination against the whites.  However, Affirmative Action Programs are still essential despite the remarkable improvements we have made in promoting equal employment opportunities and in avoiding discriminatory acts and practices.  They are important because they teach the employees and the employers not only about what should not be done to avoid lawsuits but also because they always remind the employees and employers the principles behind these affirmative actions plans which are love and respect for each other regardless of our differences.  There is therefore no compelling rationale for ending a policy that has done our country so much good (Cose Ellis,2008, p.1).

Affirmative Action Programs are essential in every organization not only to avoid liability.   It is true that there have been a number of cases where the court has imposed liability against an employer for failing to come up with affirmative action programs.  It is also true that some courts have punished employers for failing to promote a harmonious and discrimination-free environment.  In these cases, the employers were held liable because it was found out that they did nothing to prevent discriminatory acts from being committed though they took no part in its commission.  Affirmative Actions Programs also serve to promote a friendly and fair work environment for everyone.  It not only ensures a good working and professional relationship amongst the employees but it also ensures that there is a good relationship between the employees and the employers.

In continuing with the Affirmative Action Plans, the following policies should be continued: “To continue to provide equal employment opportunity to all qualified persons by recruiting, hiring, training, promoting and compensating persons in all jobs without regard to race, color, religion, sex, sexual preference, age, disability or national origin.  To continue to revise and improve all aspects of employment process so as to further the principles of equal employment opportunity and to achieve the objective of maximizing the every human resource available inside and outside the organization.”

This policy encompasses the basic roots of Affirmative Actions Plans which is to give equal opportunity to every person and avoid discrimination within the workplace.  It looks into the existing human resource policies not only in the aspect of recruitment, hiring and selection but also in the aspect of training, promotion and compensation.  In addition, it also ensures that the policy is sustained and continued by means of continuous review and evaluation of existing human resource policies.  This assures that any defect or weakness in the implementation of this program identified and immediately addressed. 

In accordance with the Affirmative Action Plan, the employers are required to have objective and reasonable criteria in their recruitment and hiring of employees.  Questions such as whether a person is married or whether a person is disabled or whether a person is pregnant should be avoided during interviews and should not be included as criteria in the list of qualifications.  Promotions should also be based on seniority in the company, objective performance appraisals, educational attainment and not based on sex or age. Compensation and benefits should also be based on the relevant educational attainment, job description and performance.    

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The Affirmative Action Plan shall be made applicable to all employers regardless whether they are in the public sector or private sector.  Employers have the obligation to ensure that every employee is protected against unwarranted discrimination and harassment against his or her superiors and his or her employers.  They have to ensure that every employee is given the right treatment consistent with existing laws.

The Affirmative Action Plan shall require employers to comply with existing federal and state laws.  One of these laws is Civil Rights Act 1964 which is considered as one of the most important pieces of legislation in the 20th Century.   It was enacted to ensure that every person is given equal opportunity for employment regardless of age, sex, race or national origin.  The employers must also ensure compliance with the Equal Pay Act which requires that men and women be given equal pay for equal work done in the same business establishment.  The employers must also comply with the provisions of the Pregnancy Discrimination Act of 1978 which prohibits employers from discriminating against female workers based on pregnancy, childbirth or other related medical condition.  The employers must likewise comply with Age Discrimination in Employment which protects people who are in the age of 40 from employment discrimination based on age. 

Under the Affirmative Action Plan, the employers are required first and foremost to ensure that these existing laws are observed and incorporated in all human resource aspects.  Secondly, the employers are required create and prepare a policy against discrimination within the workplace.  This policy must be incorporated in the manual and communicated to every employee so that the will know what acts are considered violations of this policy.  In addition, the employers are required to create a system of reporting, investigation, hearing and resolution of all complaints involving harassment and discrimination against employees which all the employees must be made aware.  For this purpose, the employees must be made aware of the following: the person to whom these complaints will be filed, and the procedure for the conduct of investigation and the hearing; and the punishment for violation of the policy. 

Under the Affirmative Action Plan, every employer is mandated to observe these programs.  As a matter of policy, resorting to punishment should be avoided.  Forcing compliance through coercion and threats will not promote the objective of this affirmative action plan.  As much as possible the employers must be made aware of the benefits and advantage of having their own Affirmative Action Programs within the workplace.  The focus of the plan should be on the benefits of having a discrimination-free and harassment-free work environment.  However, should employers manifest a wanton disregard of the affirmative action plans, they must also be made aware that these plans are based on existing federal laws.  Thus, failure to comply with these rules may result in civil or criminal liability not only against the person responsible for committing the act of discrimination but also against the employer who failed to do something to avoid the commission of discrimination.

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Tuesday, February 14, 2012

A Research Paper on Detrimental Effects of Divorce on Social and Emotional Development of Children

A Research Paper on Detrimental Effects of Divorce on Social and Emotional Development of Children
Feb 14, 2012
A Research Paper on Detrimental Effects of Divorce on Social and Emotional Development of Children

In case of irreconcilable differences between parents which usually result to domestic violence and hostile environment at home, the children are certainly  the ones  who are severely affected. The scenario of parents fighting every day whether the fights involve physical violence or purely altercation,  affects the mental and emotional state of children.
Children who are products of a household with occurrences of domestic violence usually suffer trauma. Children are left without a choice but to deal with a difficult situation.  Domestic violence usually results to separation of parents wherein a child suffers the consequences of the actions taken by his parents. 

Children who grew with their parents separated from each other display unstable emotion.  They are oftentimes irritable, moody, and display limited patience. They lack self confidence, create and get into trouble just to seek attention. Children of broken families have a constant aim to achieve a sense of belongingness. 

 They always desire to be the center of attention because they need to feel secured. Children who grew up in broken families are deprived of emotional security.  Teenagers coming from a broken family have a difficulty handling their own personal relationship.  They are always jealous and in doubt.  They are afraid to give their love to the fullest since at the back of their minds, their relationship will one way or another, come to an end. They are cynical about love and life. 

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Another effect of divorce is on the economic status of a child.  Since divorce requires a relatively huge amount of money, financial issues come in the way.  After the marriage is dissolved, the properties are being divided between the parties leaving the child in the middle.  As soon as their parents obtain a divorce children find difficulty in seeking financial support from their parents.  Sometimes, the children are left to a parent who is more financially challenged than the other parent.  In case of children who are already in their teenage years, they have the tendency to start working at an early age to be self supporting in order to avoid financial disputes between their parents. 

Usually, divorce may have two possible effects on children, the positive and the negative effects.  A child can withstand the effects of the divorce of his parents and subsequently succeed in life by hard work and perseverance. On the other hand, divorce can leave the children lost and depressed.  Some of them become an alcoholic or a drug addict.  Just to escape from reality, children usually engage in vices to forget their domestic and family problems. 

Although divorce is a socially accepted legal remedy for spouses who decide go on separate ways, the harmful effects of divorce on children remain unsolved. Parents who decided to obtain a divorce will never realize the negative effects of divorce on their children. Usually, they will realize it when the damage has been done and their children have already been engaged in vices, like alcoholism and drug addiction and they are already out of school.
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Sunday, February 12, 2012

Essay on Judicial Review and Judicial Precedent

Essay on Judicial Review and Judicial Precedent

The concept of Judicial Review was established in the 1803 case of Marbury v. Madison (5 US 137) where the Supreme Court declared that it had the power to review any act of the Executive Branch, or any of its agencies or instrumentalities, and the laws passed by the Legislative Branch.  If these acts or laws are contrary to the provisions of the Constitution then it becomes the solemn duty of the Judiciary to declare this act of the president or law of the legislatures as unconstitutional.

The power of judicial review is vested not only with the Supreme Court.  Even the lower courts, generally, have the power to test the validity of the acts of the Executive Branch and the Legislative Branch in the light o its conformity with the constitution.  This power is made apparent in the case of Wilson v. Layne (526 US 603) when the petitioners filed a suit against police officers for money damages contending that their act violated their right under the Fourth Amendment.   The main issues in this case were whether the Fourth Amendment right was violated and whether the police officers were entitled to qualified immunity.

The District Court initially ruled in favor of Wilson declaring that the police officers were not entitled to qualified immunity which was reversed by the Court of Appeals when the police officers filed their appeal.  The Supreme Court made its final ruling declaring that though there was a violation of the Fourth Amendment right the police officers were however entitled to qualified immunity because the right of the petitioners in the instant case was not clearly established.    

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B. Judicial Precedent
 Judicial precedent on the other hand, refers to a principle that is based on the concept of stare decisis which literally means that “let the decision stand.”  Under the principle of stare decisis judges are obligated to follow the precedent.  If a judge has decided a case and declared a particular rule then it becomes his duty when a similar case comes up to decide the case according to the same rule he promulgated in the first case.   Thus, when courts decide a case they should take into consideration whether it a similar case with similar issues and questions of law have already been decided by the court. The purpose behind this principle is to ensure consistency in the decisions of the Supreme Court.  The concept of stare decisis is important because it gives stability to the judicial system of a country.  The people will know what rule is applicable if ever there is a similar case.  However, the principle is not absolute.  The Supreme Court has found it necessary to overturn its previous decisions when it is clearly erroneous.

In the case of Wilson v. Layne, the Supreme Court in determining whether the police officers may invoke their qualified immunity to escape their liability for damages referred to the doctrine enunciated in Anderson v. Creighton (483 US 735).  In the Anderson case, the Supreme Court said that a government official performing discretionary function may be entitled to qualified immunity provided the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”  It added that it depends on the “objective legal reasonableness of the action, assessed in light of the legal rules that were `clearly established' at the time it was taken." Anderson v. Creighton, 483 U. S. 635, 639 (1987).  Using the definition in the Anderson case of the term clearly established, the Supreme Court in this case ruled that the right of the petitioners was not clearly established.  As such, the police officers may invoke qualified immunity.

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Essay on Strict Liability

Essay on Strict Liability

Black’s Law Dictionary defines Strict Liability as liability without fault.  A case falls under strict liability if “neither care nor negligence, neither good nor bad faith, neither knowledge nor ignorance will save the defendant.”  In effect, strict liability establishes liability of the defendant independent of his fault, negligence, or intent after establishing certain facts required by law.  It is a tort that can be committed even if the person exercised reasonable care and even if his state of mind was innocent. 

Our laws punish the commission of certain acts regardless of whether there is intent to commit a wrong or a crime.  For example, the mere driving under the influence of alcohol (DUI) is considered a misdemeanor which is punishable regardless whether a person had no intent to commit a crime.  In this instance, the mere act of driving while being intoxicated is already a crime. 

Another example is the liability of manufacturers and sellers of products for damages resulting from defective products. In this instance, the law imposes the liability to manufacturers to ensure that they will take reasonable precaution in avoiding manufacturer defects or design defects in their products. 

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One of the advantages of these laws is that for the consumers, strict liability protects them from products which do not pass a certain standard for quality.  Manufacturers and sellers must bear the responsibility for the damage caused by their defective products to their consumers because they have the needed resources to anticipate the hazards and guard against the recurrence of these hazards.  (Robert Grigsby 1)  On the other hand, the consumers do not have the resources to anticipate the dangers and they are not prepared to meet the consequences of injury arising from defective products.  Indeed, it is a serious misfortune for a consumer who is damaged by the defective product since it entails expenses, loss of time and health.  In addition, it will be to the interest to the public to hold these manufacturers strictly liable for the defects in their products so as to discourage the marketing of defective products that are serious menace to the public.  Another reason is that imposing strict liability against the manufacturers and sellers provides an effective and necessary incentive to them to make their products as safe as possible. It bears stressing that litigations arising from defective products are not only costly financially but also damaging to their goodwill and reputation.  Thus, imposing this liability will encourage them even more to take extra precaution before a product is released in the market.

On the other hand, there are certain instances when imposing strict liability may be disadvantageous not only for the defendant but for each and everyone of us.  For instance, when a wife accidentally kills her husband by serving him a bottle of insecticide which is stored inside a bottle of wine or a child accidentally burns a house in the process killing everyone who lives inside the house.  These are instances where criminal intent, fault or negligence was not present.  These are instances where the person responsible should not be punished.  This is the foundation of our country’s criminal laws which is being observed in other countries.  If the mind is not criminal then there is no crime, generally, unless there is fault, neglect in the commission of the act which is punishable under the criminal negligence provisions of the existing criminal laws.  Thus, the concept of strict liability should not be applied in instances where criminal intent, or at least fault or negligence, are an indispensable element of the crime otherwise, it results in the possibility that everyone of us may be punished for the results of our action which is entirely not our fault.

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