How Has It Developed?
Only within the last two decades have HIV and AIDS become largely visible in the United States and across the globe. It may appear that there is virtually a void in legislation dealing with HIV and AIDS because of the relatively recent increase in public awareness. Perhaps, though, this lack of legislation should not be surprising considering the fact that almost no other specific illnesses are the target of direct legislation. The rights of patients are often the topic of new laws; however, exact diseases or disorders are not usually expounded upon in these broader forms of legislation.
The situation involving the possible transmission of HIV to Kimberly Bergalis from her dentist provoked many calls for specific legislation requiring medical professionals to be tested for HIV. Additionally, some suggest that if a health care provider tests HIV positive that he or she should be required to disclose this information to all involved patients. Since there is no preexisting legislation on mandated HIV testing for health care professionals, one must apply broader, more ambiguous interpretations of the Constitution in order to mount cases both for and against the implementation of required HIV testing [Notre Dame J. of Law]. The Amendments of the Constitution that are most applicable to the debate over required HIV testing are the Fifth and Fourteenth Amendments, which contain elements of the right to equal protection, and the fourth amendment, which contains elements of the right to privacy. The Fifth Amendment involves the role of the federal government, as opposed to the Fourteenth Amendment which addresses the role of state governments [Notre Dame J. of Law]. An excerpt from the Fourteenth Amendment of the Constitution is given below:
"…No state shall…deny to any person within its jurisdiction the equal protection of the laws."
(The Constitution of the United States of America can be viewed in its entirety at http://www.publicadministration.net/resources/the-united-states-constitution/ )
The Fourteenth Amendment states rather clearly that citizens have the right to equal protection, but the Fifth Amendment does not express this right in such an explicit manner. However, Supreme Court rulings have cited the Fifth Amendment as a source of the right to equal protection through due process in various cases [Notre Dame J. of Law].
An American citizen's fundamental right to privacy is supplied by the Fourth Amendment. This amendment, as stated below, is traditionally known as the Search and Seizure Amendment.
"The right of
This is achieved through the close relationship of the family members the pediatric patient. Safety is increased because the family members are treated as part of the health care team and not simply visitors (Moore, Coker, DuBuisson, Swett, & Edwards, 2003). Furthermore, the patients are able to communicate with personnel about what they see happening to their child as well as making decisions regarding what treatments they want their infant to receive (Moore et al., 2003). The input from the patient 's family is very important in ensuring patient safety because the family members know the patient much better than medical staff (IWK Health Centre, 2016). This allows family members to more acutely notice changes in the pediatric patients status which allows them to quickly notify health care professionals. This could prove very beneficial when providing care for a pediatric patient in intensive
The Constitution is composed of 3 major parts. The first of which is the preamble. As the opening statement of the Constitution it outlines the goals the American people have for the country. In the preamble the people are assured the laws of the land would apply to all and be fair to all by this line “establish justice” (Doc 1). Peace and order in the nation along with the providing of defence for the people of America are also promised by the line “insure domestic tranquility, provide for the common defense.” (Doc 1). People were also assured their well being and their freedom as long as they lived in the law,Page 42R “promote the general, and secure the blessing of liberty to ourselves and our posterity” (Doc 1). The preamble sets the tone for the rest of the document and declares the document the “...Constitution for the United States of America.” (Doc 2)
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
" Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment. The Third Amendment in its prohibition against the quartering of soldiers. The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'. The Fifth Amendment in its Self Incrimination Clause.
The supporters of the Equal Rights Amendment seem to feel sex discrimination laws are simply not enough. The federal laws and regulations contain many loopholes, are inconsistently interpreted and may be repealed outright (NOW 1). Many supporters claim the Equal Rights Amendment is needed "to clarify law for the lower courts, whose decisions still reflect confusion and inconsistency about how to deal with sex discrimination claims (Francis 2). There is a supporting theory argument that "an amendment of equality would absolutely shift the burden away ...
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found by the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a certain case.
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
...be beneficial for the hospital. The nurses are the front runners in patient care, and their input should be taken into serious consideration. Testing this plan, and revising it before it is fully implemented, can only have positive outcomes for the hospital and patient care.
The idea of the American Dream is it began as an idea people could thrive from, but became detrimental through corruption. Society’s necessity for material goods and money for personal happiness distorts the American dream. One’s morals will be compromised once one decides to live a life for the sole purpose of following a corrupted ideal. In Hunter S. Thompson’s literary work, Fear and Loathing in Las Vegas, his viewpoint of the American Dream is expressed. Fear and Loathing in Las Vegas, written by Hunter S. Thompson, expresses the decline of society’s morals due to materialistic needs. Thompson proves through symbolism and characterization that society‘s corrupted perception of the American Dream provokes an individual’s morals to decline.
In health care, there are many different approaches throughout the field of nursing. When considering the field of family nursing, there are four different approaches to caring for patients. This paper will discuss the different approaches along with a scenario that covers that approach. The approaches that will be discussed include family as a context, family as a client, family as a system, and family as a component to society. Each of these scenarios are approach differently within the field of nursing.
One of the most key examples of understanding human culture through archaeology is the topic of climate and the environment. As seen through history, there is an intricate relationship between the environment and life on earth. Through extensive research, archaeologists have the ability to take note of minor cultural changes that can be attributed to the environment during a particular time period. These changes include, shifts in methods of food collection, changes in the artwor...
In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...