Judicial reforms - Free Essay Example

Sample details Pages: 7 Words: 1981 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Case study Level High school Did you like this example? à ¢Ã¢â€š ¬Ã…“Recent judicial reforms will ensure judicial independence from interference by the State, but greater transparency of judicial appointments may also decrease the publicà ¢Ã¢â€š ¬Ã¢â€ž ¢s reverence for judicial office.à ¢Ã¢â€š ¬Ã‚  1. Introduction The drive for constitutional reform is on the basis of the foundational concept of the separation of powers. Integral to this is that the judiciary should be free to uphold the rule of law and prevent elective dictatorship. Although well-intentioned, elements of the change appear haphazard and as we shall see have not fully resolved the problem of independence. A corollary of the drive has been a review of judicial appointments to ensure independence and open the process to public scrutiny. Although welcome, there are still inherent difficulties in making appointments purely autonomous and these problems may cause a decline in the reputation of judges. 2. The background to judicial reform In 2003 the Government created a Department for Constitutional Affairs to oversee the process of rapid reform that had already comprised devolution, the removal of hereditary peers from Parliament, and the Human Rights Act 1998. The Constitutional Reform Act 2005 was the legacy of the short-lived department that then became the Ministry of Justice in 2007. The Act aimed to institute the separation of powers and particularly ensure judicial independence and the rule of law. This was partly to meet the requirements of the European Convention on Human Rights Article 6, which specifies the right to a fair trial. But the legislation also aimed to meet public expectations and prevent governmental interference in potentially controversial cases. Over the past almost two decades judges have increasingly had to rule on politically contentious matters, resulting in unprecedented conflict between the executive and the judiciary. Decisions on charged policy areas such as immigration and securi ty may have political effects which governments past have occasionally attempted to influence. This has been exacerbated by the ability of the courts to review legislation in the light of the Human Rights Act 1998. A particularly public conflict over judicial review of criminal sentencing has been on-going since Michael Howards tenure as Home Secretary (1993-97). In a parliamentary debate of 17th February 1999, the Lord Chancellor referred to the essential counter-balance of his role and back to that period of unprecedented antagonism between the judiciary and the Government over the judicial review of ministerial decisions. The conflict continued when the judiciary would not permit the government to set minimum terms for life sentences in conflict with Article 6 of the European Convention on Human Rights which has it that sentencing must be by independent trial (1). (An Incredible irony given that Home Office lawyers drafted Article 6). Obiter it was stated: The protection of the judiciary from Executive interference is, in my view, a high order duty perhaps the highest order duty of any Lord Chancellor. The office is a buffer between the judiciary and the executive which protects judicial independence. In 2003 following the formation of the Department of Constitutional Affairs the Lord Chancellor was assigned to a new role distinct from the judiciary. On the judgement of A ORS v Secretary of State for the Home Department (2003) EWCA Civ 1502 on which the then Home Secretary David Blunkett declared: Frankly Im fed up with having to deal with a situation where Parliament debates the issues and the judges overturn them. In a letter to the London Evening Standard on 12th May 2003 Blunkett referred to his so-called war on the judges' and called for a long hard look at the constitutional relationship between parliament and the judges and be clear how its changed. The government subsequently passed the Criminal Justice Act 2003, which set tariffs for se ntencing, through Parliament under controversial circumstances. In a House debate of 21st May 2003, Lord Rodgers of Quarry Bank expressed regret that the Lord Chancellor could no longer mediate on the matter. The tariffs have since frequently been ignored by sentencing judges. 3. The reforms and their effect on the judiciary The judicial powers of the Lord Chancellor were relinquished along with the (largely ceremonial) role of Speaker of the House of Lords. The legal functions were conveyed to the Lord Chief Justice who becomes the President of the Supreme Court of England and Wales. The Law Lords were removed from their seats in Parliament to become Justices of the Supreme Court. A new Judicial Appointments Commission was established by the Constitutional Reform Act (s. 61) and came into being on 3rd April 2006. Its mission is to strengthen judicial independence and make appointments more transparent and accountable. The Commission selects candidates on the basis of merit and aims to encourage a diverse range of applicants. Recommendations are made to the Lord Chancellor who makes appointments and gives reasons for his selections. The Commission is sponsored by the Ministry of Justice. The effect of the new Lord Chancellor has been mixed. Undoubtedly there is greater separation of powers; perhaps even for the first time in the UK (2). However some have criticised the new system of checks and balances. The position of Lord Chancellor is taken by the Secretary of State for Justice. The new Ministry of Justice has assumed responsibility for prisons and probations leaving the Home Office the powers to deal with immigration, security and policing. The former Lord Chief Justice, Lord Woolf, has been a cautious voice against unconsidered reform (3). Recently he has criticised the conflict of interest inherent in the roles of Lord Chancellor and Secretary of State for Justice (4). With the Lord Chancellorà ¢Ã¢â€š ¬Ã¢â€ž ¢s power to make appointments and traditional influence as a figurehead among the judiciary, there is a potential for political manipulation of judges due to the Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s responsibility for prisons also. 4. Judicial appointments The creation of the Judicial Appointments Commission has certainly made the process more open to the public than the previous à ¢Ã¢â€š ¬Ã…“old-boys networkà ¢Ã¢â€š ¬Ã‚ . In the words of the once Lord Chancellor, Lord Elwyn Jones (5): à ¢Ã¢â€š ¬Ã…“When a vacancy had to be filled, the heads of the Divisionsà ¢Ã¢â€š ¬Ã‚ ¦ were invited into my office to consider likely names. Usually we agreed as to the one most meriting appointment. Occasionally two names were equally supported. Then the choice was left to meà ¢Ã¢â€š ¬Ã‚ . There were disputes as to whether an independent body could make decisions as efficiently as the Lord Chancellor possibly could. Lord Woolf argued that one person is better because a committee could lead to a à ¢Ã¢â€š ¬Ã…“Bugginsà ƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ turn nextà ¢Ã¢â€š ¬Ã‚  attitude. However these doubts have been placated by the presence of legal experts and lay persons in selecting candidates, while appointments are still made by the Lord Chancellor. One of the commitments of the Commission was to break the prevailing dominance of white, male, middle class, privately educated Oxbridge graduates. Merit is still the primary criteria of selection, but it is debated as to how diversity could possibly be achieved without discrimination and even inefficiency, which may also decrease public confidence in the judiciary. The question is one of how merit is to be measured (a stated objective of the Commission). The educational excellence and experience of the traditional judicial appointment is a measure of their merit. But it is arguable that that background is a result of traditional privileges and that à ¢Ã¢â€š ¬Ã‹Å"merità ¢Ã¢â€š ¬Ã¢â€ž ¢ could be expanded to include a broader range of backgrounds. This pro blem has been expressed as a dichotomy with a choice between à ¢Ã¢â€š ¬Ã‹Å"maximal merità ¢Ã¢â€š ¬Ã¢â€ž ¢ always choosing the best candidate and à ¢Ã¢â€š ¬Ã‹Å"minimal merità ¢Ã¢â€š ¬Ã¢â€ž ¢, whereby selection from a number of qualified candidates is based on policy grounds. The distinction masks the problem with bias: it is precisely what is à ¢Ã¢â€š ¬Ã‹Å"bestà ¢Ã¢â€š ¬Ã¢â€ž ¢ that is at stake. But it does make clear that the intrusion of political considerations compromises judicial independence. Paradoxically the à ¢Ã¢â€š ¬Ã‹Å"traditional appointmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ without diversity considerations might seem elitist and removed from the public. For these reasons, transparency and public openness to the inherent difficulty and bias of the process might reduce the publicà ¢Ã¢â€š ¬Ã¢â€ž ¢s reverence for the office. A year after the establishment of the Commission, a review of its appointments highlights this problem. A Commons inquiry concluded that the system is à ƒ ¢Ã¢â€š ¬Ã…“improving but can do betterà ¢Ã¢â€š ¬Ã‚  (6). There is still a deficit of women and minorities with some complaints by female judges. The Lord Chief Justice (who is no longer involved in appointments) has claimed that plans for more women may be à ¢Ã¢â€š ¬Ã…“illegalà ¢Ã¢â€š ¬Ã‚  and compromise à ¢Ã¢â€š ¬Ã…“impartialityà ¢Ã¢â€š ¬Ã‚ . 5. Conclusion The changes wrought by the Constitutional Reform Act 2005 and thereafter have had mixed effects. There has never been strict separation of powers. Indeed, parliamentary sovereignty implies that the legislature is, or should be, the most powerful branch. Judicial independence must be interpreted in this light. Curzon has suggested that it is à ¢Ã¢â€š ¬Ã…“The practice in the UK whereby judges are freed from outside pressureà ¢Ã¢â€š ¬Ã‚ , which has previously been assured by the Consolidated Fund, the Act of Settlement and its successors (7). Recent changes to appointments have made the process more open, but not necessarily more independent. Appointments are still subject to policy pressures in the form of diversity or to accusations of continuing elitist favouritism. The process involves not only the Appointments Commission but also the Lord Chancellor, who is no longer a part of the judiciary but is a government minister. His role also conflicts with that of the Secretary of State for Justice which undermines the reform of the Lord Chancellorà ¢Ã¢â€š ¬Ã‹Å"s office and has the potential for State interference. Furthermore political scandals associated with the Attorney General have issued claims for reform of that office also (8). To borrow a phrase of the journalist Melanie Phillips; our system is one of à ¢Ã¢â€š ¬Ã‹Å"transparent inaccountabilityà ¢Ã¢â€š ¬Ã¢â€ž ¢, and it is this which may reduce reverence for the office of the judge. Footnotes (1) R v Secretary of State for the Home Department, ex parte Anderson [2002] UKHL 46. (2) See: Stevens R (1999) à ¢Ã¢â€š ¬Ã‹Å "A loss of innocence?: judicial independence and the separation of powersà ¢Ã¢â€š ¬Ã¢â€ž ¢, Oxford Journal of Legal Studies 19(3), pp. 365 402. He argues that the concepts are more those of political rhetoric than legal history. However: Rt Hon Lord Justice Brook à ¢Ã¢â€š ¬Ã‹Å"Judicial Independence Its History in England and Walesà ¢Ã¢â€š ¬Ã¢â€ž ¢, https://www.judcom.nsw.gov.au/fb/fbbrook.htm. (3) Lord Woolf, The Rule of Law and a Change in Constitution, Squire Centenary Lecture, Cambridge University, 3 March 2004. Interview with Lord Woolf, New Statesman 16 Feb 2004. Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (4) Lord Woolf fears Home Office reforms, https://news.bbc.co.uk/2/hi/uk_politics/6586437.stm. (5) Quoted in Gillespie A. (2007) The English Legal System; Oxford University Press: Oxford. (6) Gibb F. à ¢Ã¢â€š ¬Ã‹Å"Judicial Appointments Commission: what does its first report card say?à ¢Ã¢â€š ¬Ã¢â€ž ¢, The Times, June 25th 2007. (7) (2002), quoted in Gillespie (2007). (8) Gibb F. à ¢Ã¢â€š ¬Ã‹Å"Attorney-Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s first task is to rewrite her job descriptionà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Times, July 26th 2007. References Books: (1) Barnett H.(2006), Constitutional and Administrative Law, Routledge-Cavendish: Oxon. (2) Gillespie A. (2007) The English Legal System; Oxford University Press: Oxford. Articles: (3) Bogdarov F. à ¢Ã¢â€š ¬Ã‹Å"Our New Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, Lecture at Gresham College, May 29th 2007, www.gresham.ac.uk/eventapp?PageId=45EventId=547. (4) Gibb F. à ¢Ã¢â€š ¬Ã‹Å"Attorney-Generalà ¢Ã¢â€š ¬Ã¢â€ž ¢s first task is to rewrite her job descriptionà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Times, July 26th 2007. (5) Gibb F. à ¢Ã¢â€š ¬Ã‹Å"Judicial Appointments Commission: what does its first report card say?à ¢Ã¢â€š ¬Ã¢â€ž ¢, The Times, June 25th 2007. (6 ) H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (7) Interview with Lord Woolf, New Statesman 16 Feb 2004. (8) Kettle M. à ¢Ã¢â€š ¬Ã‹Å"Parliament holds the key to this standoff with the judgesà ¢Ã¢â€š ¬Ã¢â€ž ¢, The Guardian, May 19th 2007. (9) Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. (10) Lord Woolf fears Home Office reforms, https://news.bbc.co.uk/1/hi/uk_politics/6586437.stm. (11) Marquand D. à ¢Ã¢â€š ¬Ã‹Å"Britainà ¢Ã¢â€š ¬Ã¢â€ž ¢s own C-wordà ¢Ã¢â€š ¬Ã¢â€ž ¢, New Statesman, June 28th 2007. (12) Rt Hon Lord Justice Brook à ¢Ã¢â€š ¬Ã‹Å"Judicial Independence Its History in England and Walesà ¢Ã¢â€š ¬Ã¢â€ž ¢, https://www.judcom.nsw.gov.au/fb/fbbrook.htm. (13) Stevens R (1999) à ¢Ã¢â€š ¬Ã‹Å"A loss of innocence?: judicial independence and the separation of powersà ¢Ã¢â€š ¬Ã¢â€ž ¢, Oxford Journal of Legal Studies 19(3), pp. 365 402. Statutes: (14) Constitutiona l Reform Act 2005. (15) Human Rights Act 1998. Cases: (16) A ORS v Secretary of State for the Home Department (2003) EWCA Civ 1502. Don’t waste time! Our writers will create an original "Judicial reforms" essay for you Create order

Van Gogh s Life And Effect Today - 1819 Words

Speech: Van Gogh s Life and Effect today. Specific Purpose Statement: By the end of my speech the audience will be able to list 3 parts of Van Gogh s life and his achievements that affected the future. INTRODUCTION: Attention Getter: Imagine being one of the most well recognized names of the modern world, your name attracts millions, dozens of films and book are created after you. But at the same time imagine your life being filled with depression and rejection for the craft that you are beloved for. Thesis Statement: Although Vincent Van Gogh’s work is recognized around the world, his life was full of depression and rejection from people and the art world, but still he impacted the style of art forever. Credibility Statement: I have†¦show more content†¦He also threw many tantrums and was ill-tempered constantly. Also from this article, it had quotations of what different members of his family had to say about Vincent. His sister Elizabeth claims that Vincent would walk around clumsily consistently in daze with his head held low. C. Van Gogh did not immediately get involved with the art world, but rather he was constantly having to adapt to what his parents expected from him, leading his into distress. 1. According to the Article â€Å"Vincent Van Gogh† by Chris Stolwijk, accessed by the Gale Biography in Context Database, Van Gogh worked very faintly in a french art print dealer business that was introduced to him by his uncle, also named Vincent Van Gogh, who was a partner. There he learned to respect the visual arts. 2. Also from the same text, Vincent lost interest in this business and later went on to study theology and follows his father s expectations. Sadly, he also failed at this endeavour as well. Not until many occupations later did his infamous brother Theo Van Gogh suggest that he would become what he is most known for, an artist. 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Chicago Race Riots Of 1919 - 1197 Words

Chicago Race of Riots of 1919 The Chicago Race Riots of 1919 helped to further show how African Americans are looked as inferior, not just within the citizens of the United States, but the Congress and criminal justice system. White and black beaches were separated by an invisible line; the black beach on 25th street and whites on 29th street. The story of Eugene Williams swimming on the beach worsened after a white police officer, Dan Callahan, refused to intervene or arrest the group of white men responsible for his death, in turn starting the deadliest racial violence in Chicago history. The riot lasted a week with protestors full of rage mostly on the South side with white gangs attacking isolated blacks and blacks attacking isolated whites. In â€Å"City of Courts† by Michael Willrich he talks about how the social causes of crime, specifically about the criminal justice system of Chicago. 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Foucault s Theory Of Individual Power And Knowledge

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The way we understand subjectivity effects the way we understand the world around us, whether the subject is viewed in the Cartesian manner as a fixed entity, with a pre-existing nature that is not affected by the discourses that surround the it, or if we view the subject as one produced in and through the forces of power available in the time period, whether theyRead MoreCompare and Contrast Goffman and Focaults’ Explanations of How Social Order Is Made and Remade1698 Words   |  7 Pagesrelating and behaving. Social change provides the rules and regulations for what is ‘normal behaviour’ at the present time. This assignment incorporates the contrasts and comparisons of how social order is made and r emade through the theories of Erving Goffman and Michael Foucault. This sentence is a bit complex—why not say this assignment compares and contrasts the work of ---In order to illustrate this, two case studies of traffic regulation, ‘The Buchanan report’ and ‘ Monderman’s thesis’ will be usedRead MoreGoffman And Michel Foucault s Theory Of Society And The Unspoken Rule Of Conduct Of Our Everyday Interactions1324 Words   |  6 PagesSocial norms are proper behavioral standards that control the way people behave in society. We do not realize how much social norms influence our behavior until the norm has been broken. Sociologist Erving Goffman and Michel Foucault were concerned with the characteristics that make up the structure of society and the importance of the production of social order. Both theorists have used different methods to study the effect of social life in society and the unspoken rule of conduct of our everydayRead MoreThis es say will discuss Foucault’s and Bauldrillard’s views on today’s society. Foucault sees the1100 Words   |  5 PagesBauldrillard’s views on today’s society. Foucault sees the current state of the society as a system of domination, while Baudrillard says that the society we knew has collapsed in to a world of images produced by the mass media. Both of them focus on the cultural dimension of the progression of the society and sees society as having moved on from modernity. Though both have different views when it comes to Power, Foucault focuses on the changing nature of power and the historical circumstances whichRead MorePower And Institutional Control / Domination Essay1356 Words   |  6 PagesThe paper that I’m writing will reflect on power and institutional control/ domination. This paper will discuss how supplemental readings #4 Emile Durkheim- The Rules of Sociological Method, #14 Karl Marx- The Communist Manifesto, #16 Max Weber- E conomy and Society #20 M. Foucault- Docile Bodies from Discipline and Punish all contribute to a true meaning understanding of power and institutions control/ domination. The key components that deals with power, and institutions control/ domination are family

Why the Drinking Age Should Be Lowered free essay sample

Many college and university presidents disagree with the current legal drinking age and have come to the conclusion that outlawing alcohol to students under 21 makes the drinking problem worse! The national drinking age should be lowered from 21 to 18 because it would result in a decrease of binge drinking and allow for more supervised alcohol consumption. The prohibition has proven to be counterproductive; the responsibilities that 18-year-olds assume merit the right to drink and it would lead to more responsible drinking on college campuses. The debate may come across as farfetched but there are a few aspects to consider before reaching a final decision. In the article â€Å"States weigh lowering drinking age. † By Judy Keen she explains how â€Å"A 2007 Gallup Poll found that 77% of Americans oppose lowering the drinking age to 18. † At the age of 18 a person is legally considered an adult and automatically inherits a number of rights and responsibilities. It is not fair that a man or a woman can risk his or her life fighting for our country enlisting in the military, but is not considered to be mature enough to be able to purchase or drink alcohol. We hold 18 year olds to be responsible enough to vote on important government positions and to serve in a jury deciding someone’s legal fate. It is also strange that the United States claims that 18 year olds are legally responsible for themselves. These young adults are given the option to live on their own and force them to support themselves. If an 18 year old commits a crime they can potentially go to jail for the rest of their life. Most States give a 16 year old the privilege of driving a motor vehicle without a parent or legal guardian. When a kid is behind the wheel they are capable of doing unthinkable damage and have control of countless lives at their hands. This is by far a greater responsibility than drinking alcohol. Many would conclude that all of those rights are more important than the right to drink. If 18 year olds are released out into the real world and given all of that pressure then no one should be able to say that they are not mature enough to handle alcohol. People say that if the drinking age is lowered then college students will abuse the privilege. They say they will drink irresponsibly and act reckless. Another concern is that it will lead to more excess drinking because it will be so accessible for students. On the contrary, when drinking is legal people are much more likely to drink responsibly and not binge drink because when something such as drinking is legal, students don’t feel the need to force all of the drinks down at once in order to stay drunk for a longer period of time. The atmosphere in which people drink illegally is not a good situation for safe drinking. Underage drinking is usually done in frat basements, unsupervised house parties, and cars. When alcohol is consumed in these unsafe places it is unregulated and more likely for a terrible drinking incident to occur. The risk of binge drinking and ultimately death is a key reason why the drinking age should be lowered! When drinking is legal, it is done out in the open and can be surveyed by the police. However, when the drinking age was raised it simply moved drinking underground. If the drinking age is lowered to 18, colleges could then regulate alcohol use, rather than college students drinking in an underground environment such as basements, fraternity houses and cars. Colleges are ineffective in enforcing the law and countless amounts of underage college kids drink on a regular bases. The college committees have started to focus their energy on encouraging college students to drink safely. On the website done by the â€Å"Amethyst Initiative† titled â€Å"AmethystInitiative. org† it claims â€Å"National alcohol prohibition from 1920 to 1933 failed, which shows that strict regulation of drinking is counterproductive, unenforceable, and can lead to an increase in illegal and underground activities. † To this day, drinking is still unenforceable and leads to an increase of illegal activities. It is illegal for a person to drink, but if he or she really wants to they can get alcohol without much trouble but now it is done in an illegal way. Either businesses will fail to ask for I. D. , or an older friend makes the purchase. Another big problem is the large production all over the country of fake I. D. ’s. The production of fake I. D. ’s has become a huge underground market targeting college kids and high school kids all over. Lowering the drinking age creates less underground crime! People who are opposed to changing this law claim that high school teen drinking is lready a bad enough problem as it is with the drinking age being 21. It is said that if you allow 18 year olds who are still in high school to legally purchase alcohol it would open up unlimited opportunities for teens of all ages to access alcohol. Everyone in high school would have countless people that they could depend on to buy alcohol for them. Also, if it became legally acceptable for peopl e 3 years younger to drink, then what is to say that it would not lower the age of when teens think it will be socially acceptable for them to drink? However, alcohol is already accessible by any teen who truly wants to get their hands on it. An article by Janet Williams, titled â€Å"Adults Most Common Source for Teens,† states that, â€Å"Two out of three teens, aged 13-18, said it is easy to get alcohol from their homes without parents knowing about it. † As well as â€Å"One third responded that it is easy to obtain alcohol from their own parents knowingly. † In addition to parents providing their children with alcohol, many teens will access alcohol with fake I. D. ’s or simply a business that fails to check I. D. at all. When kids are capable of getting alcohol they will also provide for their friends and those friends will do the same to their friends. Lowering the drinking age will not make high school drinking worse because there are already unlimited opportunities for high school teens to access alcohol. In conclusion, a more compelling argument can be made in support of lowering the drinking age. People drink and act more responsibly when it is done in a legal environment. Also 18 year olds bear the responsibilities and privileges of adulthood and should be trusted to make mature decision involving alcohol. Keen, Judy. â€Å"States weigh lowering drinking age. † USA Today 1 Apr. 2008: Web. 7 Nov. 2011 It’s Time to Rethink the Drinking Age. Amethyst Initiative  » Welcome to the Amethyst Initiative. Web. 06 Dec. 2011. lt;http://amethystinitiative. orggt;. College Factors That Influence Drinking. Research about Alcohol and College Drinking Prevention. Web. 06 Dec. 2011. lt;http://www. collegedrinkingprevention. gov/supportingresearch/journal/presley. aspxgt;. Bush, Bill. â€Å"College Presidents back drinking-age debate. † The Columbus Dispatch 20 Aug. 2008: Web. 8 Nov. 2011. College Presidents Seek to Re-examine Drinking Age | Cleveland. com. Blogs Cleveland. com. Web. 06 Dec. 2011. Belluck, Pam. â€Å"Vermont Considers Lowering Drinking Age to 18. † New York Times 13 Apr. 2005: Web. 9 Nov. 2011 â€Å"On the issue of underage drinking, everyone has the same interest at heart: protecting young people. As a devout Mormon, I have never had a drop of alcohol in my life. Truthfully, I wish that no one ever drank. But I know that is not a reality. And, as a university president for 30 years, I also know that our current drinking laws do not necessarily reflect reality. Many underage young people drink alcohol, and they often do so in great excess. † (â€Å"Collegepresidents†¦Ã¢â‚¬ ). Gee along with the hundreds of other presidents realize that the drinking laws are not only unreasonable but ineffective. Even though Dr. Gee believes that drinking is wrong and has chosen not to take part in at as long as he lives, he concludes that the majority of young peoplde in college rink and it only makes sense for it to be legal for those 18 years of age.

Medicare Decisions Healthcare System Issues for the Elderly

Question: Discuss about the Medicare Decisions for Healthcare System Issues for the Elderly. Answer: Introduction Medicare is widely known as a health insurance program for people 65 years and older. It is also for people under 65 with certain disabilities and covers any age with End-Stage Renal Disease (case of a kidney failure and kidney transplant). The CMS popularly known as The Centers for Medicare and Medicaid Services is the federal agency which administers the Medicare program and besides this Social Security Administration also provides information and handles enrollment of consumers (Diane, 1995) Medicare covers various services that help consumers to improve and maintain health and save life. It includes all kind of services extending from expensive to non- expensive procedures and treatments. Long term and large services like transplants, delicate surgeries, cancer treatments and many small services like routine checkups, which are not expensive at all (Barry 2015) On turning 65, one would need to choose a plan that fit all the requirements during getting into the insurance. The plan should fulfill all the healthcare needs and should match the particular benefits that one is looking for. Lets discuss the 4 plans of Medicare and decide which plan is most suitable for Zip code: 90001(Los Angeles), where all the plans seem to be available. Medicare Part A known widely as hospital insurance is the one which provides the care at hospital inpatient care, home health services, nursing facility and Hospice care. Hospital care (Inpatient) services include all the inpatient services that are needed and hospital expenses like meals, nursing care, semi-private room facilities, services and supplies from the hospital. The Inpatient care that is received through Critical access hospitals, mental health care, acute care hospitals, rehabilitation facilities (inpatient) and long term care hospitals is also included in Part A hospital services. Home health care services may include intermittent or part-time nursing care, Speech-language pathology services, therapies which are Physical and Occupational, Medical social services, Medical equipment which are durable and ordered by doctor. It also includes Part-time or intermittent home health aide services. SNF which is known as Skilled nursing facility, under Medicare Part A, is conside red only after a hospital inpatient stay for minimum three days for a related illness or injury. It involves skilled nursing services, medical supplies and equipment used during SNF care, rehabilitation services, semi-private room, dietary counseling, ambulance transportation and medications given while SNF care. Hospice care in Medicare includes care of terminally ill patient who is expected to live six months or less. It has Doctor Services, Nursing care, social worker services, counseling services and many more which focus on supportive care, comfort and quality of life, rather than cure during the final phase of a terminally ill patient. Medicare Part A does not include private-room costs, private nursing service and personal care items cost. It does not cover services that are unrelated to the treatment like meals, 24-hour home care and homemaker services. It also does not cover Personal care services, like help bathing and dressing are also not covered under Medicare Part A., if this is the only care that one need. Medicare Part B (Medical insurance) includes doctor, clinical lab services and supplies that are needed to treat health condition. Therefore, Part B mainly covers hospital outpatient services, preventive care, durable medical equipment, ambulance services, laboratory tests, some Medicare part B also covers one time physical exam, cancer , diabetes and cardiovascular screenings. It also includes mental health care, laboratory tests and x-rays. Part time or intermittent rehabilitative and home health services are also covered when they are ordered by a doctor (Centers for Medicare Medicaid services, 2012) Medicare Part C (Medicare Advantage) is a part of Medicare policy in which Medicare benefits are allowed to be provided by private health insurance companies. Part C Medicare is just a blend of both Medicare Part A and Part B, hence it includes hospital insurance and medical insurance. HMO (Health Maintenance Organization plan), PPO (Preferred Provider Organization plan), PFFS(Private Fee-for-Service plan), SNP(Special Needs Plans) are all branches of Medicare advantage plan. Best part of Medicare Advantage Plans is that it covers prescription of drugs as well (Medicare Part D). Medicare Part D: It is provided by Medicare approved Private insurance companies and is called as prescription drug coverage. It can be combined with Medicare advantage plan and to take the drug benefits through a plan known as Medicare Advantage Prescription Drug Plan. There is a list of covered drugs in every Medicare prescription drug plan. As per the situation where a plan needs to be selected for Medicare insurance, there are few things which should be kept in mind while making a decision. 1. How is the Coverage? It means how well the plan covers the service required. How will the Coverage work with Medicare if there is other health or prescription drug coverage included? 2. Costs, like how much will be the deductibles, costs and how much premiums will need to be paid and are there any limits yearly for the use of these medical services. 3. Hospital and Doctor Choice: Do they accept the coverage and does the plan demand to choose hospital and health care providers from the network only or if the referrals are required. 4. Is it required to join Drugs Prescription plan or is it already present as creditable prescription drug coverage. Sometimes there is also a eligibility for a free Medication Therapy Management (MTM) program. 5. How good is the quality of care and how satisfied the person is from the services offered by chosen plan and healthcare providers? 6. Convenience and Travel: Some general concerns like where is the doctors office located and what are their availability hours? Will they provide prescriptions through mail and do the doctors use electronic health records or E prescribe? Which pharmacies can be used and are they a part of plans network. What about the plan coverage if there is a travelling to other state and outside the U.S.? (Medicare.gov.) Medicare advantage Plan is one good plan to choose after all this discussion. On turning 65, one is eligible for Original Medicare i.e. for Hospital insurance and for Medical insurance which are part A and part B. But one may also choose Medicare Part C which is called as Medicare advantage as it includes some added coverage which seems quite exclusive and beneficial in case of long term treatments. The plan will be available from private insurance companies and benefits of Part A and Part B will be offered into it along with some added coverage such as eye exams, dental and hearing aids. Medicare Advantage plans have extra benefits and mostly they offer low premiums than traditional Medicare insurance. Hence, Medicare Part C, Out-of-Pocket Limits are considered as a safety net (eHealth 2014). Such limits under Medicare advantage plan are quite beneficial in which private health insurance plans put a limit on the amount of money which needs to be paid by your own pocket during any me dical service unlike original Medicare and they are named as Maximum out of pocket limit. In 2015, by the government, the maximum out of pocket limit was $6700. The insurance plan will pay 100% of additional covered charges in the remaining year when the plans maximum out of pocket limit is reached. Original Medicare Medicare advantage plans Costs Medicare premiums, deductibles, and coinsurances need to be paid. Medicare premiums and plans premium are paid if it charges one. The plan sets its own copays and deductibles. Any add-on or extra services Doesnt cover additional services like routine vision, hearing, dental care. Covers additional services that original services doesnt cover but covers the same inpatient and outpatient services like original care. Drugs Coverage (Decision about Part D) A separate Part D plan is required to get Medicare prescription drug coverage. The plans under Medical Advantage plan include Part D drug coverage. Out-of-pocket limit? Not provided Yes, there is an out of pocket limit which can protect from expensive care expenses. The full cost of care is paid by plan once the limit is reached. Transition has been done in traditional practices of Medicare program in past few years. Various private health plan alternatives have been introduced. Due to less enrollments and interest from consumer, the Medicare Modernization Act of 2003 started to increase payments to add few more managed care plans which could increase beneficiary choices and hence it was renamed as Medicare Advantage program. These increase in payments resulted in proliferation of number of plans availability, less costs and improved benefits with lower premiums for Medicare advantage consumers (Gold M 2006) Ease of making these decisions: The decision making can be made easier if the basic requirements and expectations are clear in mind while choosing the appropriate plan which is good in terms of health and money. This is an overview of the decision making: Step 1: Decide what kind of coverage is required Step 2: Decide if drug coverage needs to be added The most important learning lesson in this whole discussion is that senior citizens should be confident and contended while making a decision for choosing the best Medicare Plan. Many may find it difficult to compare the plans due to the large amount of information they receive through different sources. In fact, according to many consumers information available at Medicare government website is lacking information and is quite confusing (Jacobson,G, Swoope,C, 2014). This is the reason that insurance agents, trusted advisors or suggestions from doctors, friends or pharmacists must help elderly consumers to narrow down the options and choose the best Medicare plan for them. References Berry, P, 2015, Medicare for dummies, John Wiley and Sons. Centers for Medicare Medicaid services, 2012, Enrolling in Medicare Part A Part B, Retrieved from https://www.medicare.gov/Pubs/pdf/11036-Enrolling-Medicare-Part-A-Part-B.pdf Diane, 1995, Guide to Health Insurance for People with Medicare, Diane Publishing. eHealth Medicare , Facts About Medicare, available at https://www.ehealthmedicare.com/about-medicare/medicare-part-b/ eHealth 2014, Medicare Advantage Maximum Out-of-Pocket Limits, available at https://resources.ehealthinsurance.com/medicare-options/medicare-advantage-maximum-pocket-limits GoldM, 2006, Kaiser Family Foundation, The growth of private plans in Medicare, Washington (DC): (Report No.7473). Jacobson,G, Swoope,C 2014, The Henry Kaiser family foundation, How are Seniors Choosing and Changing Health Insurance Plans Make Medicare work coalition 2011, Medicare and Employer based coverage-The Basics, available at https://www.medicarerights.org/PartB-Enrollment-Toolkit/Medicare-and-Employer-Based-Insurance-The-Basics.pdf Medicare.com, Im Turning 65, What Do I Need to Do? available at https://medicare.com/enrollment/im-turning-65-what-do-i-need-to-do/ Medicare.gov.(n.d.). 8 things to consider when choosing or changing your coverage, available at https://www.medicare.gov/sign-up-change-plans/decide-how-to-get-medicare/things-to-consider/8-things-to-consider.html Medicare Payment Advisory Commission 2010,Report to the Congress: Medicare payment policy, available at https://www.medpac.gov/documents/Mar10_EntireReport.pdf Medicare Rights Center 2016, Differences between Original Medicare and Medicare Advantage Plans, available at https://www.medicarerights.org/fliers/MedicareAdvantage/Differences-Between-OM-and-MA.pdf?nrd=1