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Criminal Law or Legal Aspect of Healthcare
Criminal Law/Legal Aspect of Healthcare
Criminal law as defined by Pozgar (2007) is a body of common law that contains used for punishment of criminal offences. Criminal law is a representation of the acceptable behaviour for human beings by the society. Crimes are regarded as as felonies or misdemeanors depending on the seriousness of the crime. A felony is a serious crime that is punishable by a long jail term which is more than a year. An example of this type of crime includes murder or rape. Alternatively, a misdemeanor is less serious than a felony and is punishable by a short jail term preferably less than a year or a fine.
According to Pinnell, Santucci & Potzgar (2010) criminal law is a system that regulates the behaviour of groups as well as individuals in relation to the norms of the society. The primary objective of criminal laws is to protect an individual, maintenance of public order and safety, use of punishment as a weapon to deter the occurrence of crime and rehabilitation of criminals so that they can fit in the society. The heath care organizations are not an exception because this is where patients are helpless and at the mercies of health care professionals. This is where those that are mentally and morally deficient can take advantage of those that are mentally and physically impaired. These are institutions where people come so as to feel physically and mentally healthy in addition to being safe. However, health care organizations are places where many crimes are bound to take place (Pinnell, Santucci & Potzgar, 2010). Crimes such as negligence and patient abuse have become so common such that the United States Criminal Justice has placed a zero-tolerance policy for these crimes.
There are many offences committed by health care professionals either knowingly or unknowingly. As explored by Iwrey, (2009) these offences depending on their magnitude lead to prosecution of the professional in a court of law. These offences may include performing of unnecessary tests for financial gain, having a sexual relationship with a patient or the provision of controlled substances that are not medically necessary. All these offences can lead to prosecution of the health care professional. It is also imperative to note that, complaints forwarded to the administration such as the neglect of duty can lead to prosecution. In addition to prosecution, there are other actions taken by some states in order to make sure that these crimes do not reoccur. The sanctions imposed on the heath care professional are published making it public to all. If the one is fired from the organization they were working for due to malpractice, then it becomes difficult for them to seek employment in another organization now that their offences have been made public. This not only affects the career of the professional, but also their reputation.
The most common way that the judicial system uses in order to prevent the occurrence of crimes in health care organizations which have become so common is the revoking of one’s license. Since it is impossible for a medical professional to practise without a license, the offences are unlikely to recur (Iwrey, 2009). This at times has been seen by most critics as unfair because some of the crimes the professionals are prosecuted for are beyond their control and loosing of a license is a punishment that at times does not fit the crime. However, the judicial system insists that the revoking of medical licenses for those prosecuted with crimes especially those associated with fraud is the best way to control these crimes.
Reference
Potzgar, G. (2007). Legal Experts of Health Care Administration. Canada: Jones and Barlett Publishers. Print.
Iwrey, R. (2009). “Health Care Licensing Action and Criminal Implications” Feature Article.
Pinnell, J., Santucci, N. & Potzgar, G. (2010). Legal and Ethical Issues for Health Care Professionals. Canada: Jones and Barlett Publishers. Print.
Criminal justice, the merger of UWEAR and PALEDENIM
Criminal justice
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Institution
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Criminal justice
Merger is a combination of two or more companies by exchanging of file and other resources and offering share holders of one company for the purpose of doing business and enhancing security and increasing profits and productivity. (LaFasto, 2010) For companies to merger, there are a lot of things that needs to be considered in all the merging companies, they need to be in related businesses, doing the same things or all most the most things, they need to consider the aims and purposes of all the companies and after the companies merge they need to work together, help employees understand that they are now one company that needs developments, revise the way all the employees were working on their individual firm and come up with roles and a policy that will be followed by all the employees, identify ways to make the employees work together, come up with motivation strategies that will encourage the employees to work hard and smart (Larson, 2009).
After the merger, UWEAR and PALEDENIM work as one firm now and they should do everything to grow together. Policy development involves gathering of information, data and even consulting and reviewing. Identification of needs is one way of developing a policy, after you have identified needs of the company you need to give responsibility to specific employees who can handle it. A policy helps in consulting all the stakeholders and according to the needs of their company you can be able to come up with ways and procedures the can be followed by all parties. For both companies to work together, you need to put in place ways to monitor employee’s performance and attendance in the work place. First, you can come up with ways like introducing software that will be put on the entrance and every employee will be given a key card that he or she will be using to get in and get of the premises. This system will be monitoring when the employee has come to work and at what time he or she has left in the evening. For them to follow, they will be told that according to the numbers of hours they have been at work is how they will be paid. If you came to work at eight and left at eleven, then you will be paid for three hour; if you came to work at eight and left at six pm then you will be paid for ten hours. This system will help employees to work hard (Huitt, 2006).
The best team at work should have the following attribute attributes; good behavior, team players, and good relationship with work mate, good decision making and problem solving skills, good anger management skills. This is some of the methods required to help UWEAR and PALEDENIM work together as a team and also help employees work hard. The management should help employees to improve on decision making techniques and also have the ability to solve problems, according to the techniques the they identify on each employee, they should be able to support individual differences and also identify what every employee can handle and what they can handle (Larson, 2009).
References
Huitt, W. G. (2006). “How to develop policies and procedures” policies and procedures. William G. Huitt.
LaFasto, F. (2010). “Problem Solving and Decision Making”. Problem Solving and Decision Making. Frank LaFasto .
Larson, C. (2009). “When Teams Work Best”. Teams Work . Carl Larson.
Criminal Justice Workplace Observation Interpol
Criminal Justice Workplace Observation: Interpol
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Course
Tutor
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Working at Interpol is one of the most exciting opportunities that is mixed with various aspects of challenges, opportunities, multiculturalism, and risks and urge to produce tangible and reliable results. As a criminal agency, the organization has certain unique behaviors. The organizational behaviors have greatly influenced the employee’s approach to work as well as the socio-cultural issues that define formal and informal relationships. The agency employs systems approach in its mission by ensuring that the undertakings are geared towards achievement of the set objectives to the satisfaction of all the stakeholders and Interpol itself. As such, there is wide application of supportive model of Organization behavior where the leadership is determined to provide the needed resources and support to all the groups. From the top leadership, the organization has always benefited from the well crafted strategic plans and long term oriented tactical decisions. The middle level leadership on the other hand helps to coordinate the strategic and non strategic plans and act as link between the top management and the operational staff. This has ensured that the communication culture practiced is objectively seamless and feedback oriented. This however does not imply that every information or investigative reports lands in the hands of all the internal stakeholders. The organizational behavior requires that very sensitive information is selectively handled while the actors on the ground are given new tip offs in an investigation as well as the newly emerging details of a crime or a criminal. Similarly, the handlers of every piece of information are required to adhere to the voluntarily codes and ethics that call for accountability. Through the culture of accountability and self discipline as espoused in the codes of conduct, there has been positive impact on the work of the agency as incidences of leakages to the media; collusion and compromise have been very rare. According to Neild (2007), it is important that criminal justice agency should promote high level of transparency, decently treat employee, be accountable to the society being served and efficiently apply high level of professionalism. The management however should improve this situation by training the staff on how to handle sensitive information and also use one mode of public relations outlet so that conflicting information can be authenticated and verified.
The Interpol’s organization behavior model is also characterized by high level of social interactions and individualization. This has positively enhanced creativity at the organization and made both employees and Interpol to grow together. Through the interaction of the two concepts, the agency has taken into account need to respect the rights of the employees while at the same time encouraging collective approach to work so that the focus is on what is mutually beneficial. To ensure that the organization remains representative of the member’s states, there is use of such languages as English, French Arabic, and Spanish, while the values that are highly emphasized on include high level of accountability, team work, quality service, high level of integrity and emphasis on human rights (Interpol, 2010).
The organization behavior at Interpol is also characterized by high level of collaboration with different influential stakeholders. As such, Interpol employees do not pursue just the organization’s objectives but also handles crimes or investigations for member states and partners. There is however need to factor in national information policy in the process of investigation, for example in the application of laws that govern information science (Gorman, 2006). For example, the organization has worked closely with the UN and Rwandan government to trace the 1994 genocide’s masterminds. The same applies to tracking of Ramirez Mandujano, a Mexican criminal who was finally held (BBC, 2008). Also, Interpol mutually works with UNESCO to help tackle trafficking of cultural artifacts as well as technological misapplication to promote crime. In the collaborative behavior that is also characterized by ‘exchange of personnel on a temporary basis’, the organization climate requires that the information available is relevantly used, promptly shared, monitored and handled (UNESCO, 1999).
This has positively enhanced the employees’ expertise and ability to handle diverse forms of crimes. The collaborative approach to work behavior however may negatively lead to collusion and information leakages as well as multiplicity of reporting relationships. To deal with this, the management needs to subject all the collaboration, joint operations and investigations as well as joint employee trainings to its internal policies and work climate. This will enhance the good aspects of unity of command so that the spillovers of matrix structures are dealt with.
The other aspect Interpol’s organization behavior is inherent in its administrative control and structure. To set up the top organizational leadership, the organizational traditions and norms are followed. As such, the members states, which are political stakeholders each nominate a delegate to from the General assembly from regional representatives are elected. This culture has promoted universal acceptance of the organization as each of the region is represented in topic decision making organ. The hierarchical system of the agency is also characterized by existence of National Central Bureaus that work each member country in liaison with the local police. Evidently, Interpol’s structure allows for a proactive leadership approach that is accountable to the UN, members and the general society. To perpetuate the positive impact of the agency’s leadership there is need for deliberate measure to ensure equity, gender balance and competency of the top leaders. At the same time, the positive work climate that promotes cross cultural respect and multiracial organizational identity should be enhanced. This should be observed in all aspects of recruitment such as appointment of expert advisors.
References
BBC (2008). Ex-crime chief arrested in Mexico. Retrieved June 26, 2010, from
http://news.bbc.co.uk/2/hi/americas/7742409.stm
Interpol (2010). Recruitment. Retrieved June 26, 2010, from
HYPERLINK “http://www.interpol.int/Public/Icpo/Recruitment/default.asp” http://www.interpol.int/Public/Icpo/Recruitment/default.asp
Gorman, B. (2006). Biosecurity and Secrecy Policy: Problems,
Theory, and a Call for Executive Action. Journal of law and policy, Vol. 2:1 .
Neild, R. (2007), USAID program brief: anticorruption and
Police integrity security sector reform program. ARD, Inc, Burlington, USA.
UNESCO (1999). Relations with the international criminal police
Organization (Interpol) and draft cooperation agreement between UNESCO and that organization. Retrieved June 26, 2010, from
http://unesdoc.unesco.org/images/0011/001158/115849e.pdf.