The Ability of Critical Thinking Essay Example | Topics and Well Written Essays - 1000 words

The Ability of Critical Thinking - Essay Example According to the definition, critical thinking is the intellectual process of conceptualizing, analyzing and evaluating information gathered from observation, experience or communication (Mahwah, 1996, page 64, paragraph 4). In simple words, critical thinking is about involving the skilled judgment or observation of the situation into the decision-making process. Critical thinkers do not only make the decision based on what they think is the right choice, but they also evaluate the outcomes of their choice for positive and negative results. Critical thinking is about using knowledge and this ability cannot be developed hastily. The human brain is biologically set up to make sense of received information through summarising and reducing the amount of it. For example, an individual can decide that the unknown animal is a dog because the animal has physical similarities with dogs. Even though this example is simple, it does reflect the application of critical thinking skills to evaluate the situation and make the conclusion. In the workplace setting, required critical thinking skills are different. For example, one of my co-workers, Peter, was very different in terms of work values and ethics from all of the other employees including our supervisor. Even though his productivity has always been above average, he was labeled as lazy. My supervisor has informed the staff that there will be downsizing and one person has to leave our team. He has asked me to evaluate the performance of all team members and decide who should leave. The first person I have in mind was Peter, even though his productivity was above av erage, he has completed his job very slowly. Nevertheless, not Peter's name was on the top of the list I provided to my supervisor. If it was, my decision would lack critical thinking.  

Invention of the Internet Essay Example for Free

Invention of the Internet Essay Technology has also been a part of our daily lives. The implementation of technology influences the values of a society by changing expectations and realities. New inventions of technology are usually created to simplify life somehow. One of the greatest inventions in the last hundred years is the internet. The ever expanding internet has revolutionized the way Americans live their lives. The internet has a major impact on society and our culture. The internet has completely broken down the borders that our ancestors had. With the internet, everything that we could possibly want is at the click of a button. People can instantly instant message and video chat will people half way across the world. People now work from home, shop from home, do everything they possible want from home. But if people do not have access to the internet they cannot compete is this new global market place of unending ideas. In the beginning, when the internet first came into play America’s were startled and amazed by the possibilities of communication that the World Wide Web brought. He web is mainly a way that brings people together to communicate. The web is a layer of system upon system (Bowell). The Web is a continual ongoing process. It has never stopped replicating itself or processing since the first day it began. However, even though there many different systems on the web, no website is subject to special rules. The internet has become a sensation all over the world and more people use the internet than in other time in history. The internet has been a huge economic boom to our country. We now live in a global market. With the help of the internet, businesses can reach customers worldwide. Many businesses now have websites where customers do not even have to visit the store to buy their products and these companies want your business. The internet has a huge selection of items to purchase online. More people use the web to shop than ever before in history (bowell). Online shopping is the process whereby consumers directly buy goods or services from a seller in real-time over the internet. (wiki re) A majority of consumers choose online shopping for a faster and more efficient shopping experience. For customers, shopping online can mean less time traveling and lower cost. Many stores offer special sales and discounts to customers who order online. Also, traveling to the store means that customers can only go during business hours whereby ordering online is more convenient for their schedules. Conveniently, many stores online are available 24 hours a day. Online retailers have seen tremendous jumps in their online earning potential (bowell). Of course there is also disadvantages to online buying. One big disadvantage is the customers concern of how unease it would be to return the item. The customer is not absolutely positive that the item they are buying will satisfy and meet their expectations. Sometimes, returning an item can become a hassle and have to wait long periods of time to actually get the item in hand. Since the customer cannot see the merchandise they wish to purchase customers are at higher risk of fraud buy ordering online. Of course, a major concern of consumers is identity fraud. There have been many cases where hackers break into a web site and can steal a customers personal information. One unexpected disadvantage that comes with online shopping is the amount of trash that consumers produce. The more items that people purchase online, the more boxes and packaging they have to throw away. This past Christmas, New York show a 20 percent increase in paper recyclables with a parallel increase of 25 percent of online sales. The biggest buzz about the internet is social networking. One of the main uses of the internet is for relationships. The internet has revolutionized the way that people communicate with our friends and the world. People used to write letters and sent them off then waited even weeks to get a reply. Now a days, people communicating instantly through instant messaging, video chat, face book and e-mails. We can communicate instantly with people all the way across the world. Social networking sites have people set up their own personalizes profile that is just about them. (These sites help fill in the gap) These sites help everyone stay more in touch with their friends and family. Social networking seems to make the world smaller by bringing everyone together. It helps us realized the way other people live and the cultures that they have (elliot). The social networking that is in place now more closely mimics face-to-face conversation than e-mail. We are no longer restricted to rely on people in our neighborhood, church, or workplace to provide the interaction we desire (Hoover all). Social networking services expand the pool of people we have the opportunity to meet to near limitless possibilities (Hoover all). A very new popular fad that has become normal to Americans is online dating. More and more people these days are finding their partners online through dating websites.

Barriers to Early Intervention of Special Needs Pupils

Barriers to Early Intervention of Special Needs Pupils BARRIERS TO EARLY IDENIFICATION AND INTERVENTION  OF PUPILS WITH SPECIAL EDUCATIONAL NEEDS Although tremendous progress has been made in the last thirty years regarding the identification of and intervention for children with special educational needs (SEN), significant barriers still exist. An estimated 1.7 million pupils have special educational needs; however, only 250,000 have statements (Russell 2003, 216). This means â€Å"only a minority of the children (2% nationally) with SEN will have formal statements of SEN, although an estimated 20% of the children will have transient or persistent special educational needs† (Callias 2001, 25). Some of the barriers to identification and intervention for SEN children are more easily addressed; others are quite complex and provide an ongoing challenge for families, educational personnel and authorities, and a number of government entities. It is important to note that whilst some identification and intervention barriers span the scope of SEN children, the type of need presented by the child strongly influences the likelihood of identification and intervention. Children with physical special educational needs, such as visual impairment or noticeable physical handicap, are easily identified and much more likely to receive services than children with less prominent disability (Russell 2003, 220). Similarly, children suffering from extreme mental disability, such as severe mental illness or significant mental retardation, will also be more easily identified and considered for services (Russell 2003, 220). However, the barriers that do prevent identification and intervention for physically and severely mentally disabled children are complex. Some minority and ethnic communities have cultural barriers that prevent their SEN children from receiving early identification and intervention. Sometimes this is on the part of the minority or ethnic family. Some cultures consider disability to be a source of shame or embarrassment for the family, and as a result keep disabled children at home and isolated from the larger community. When this occurs, the child becomes much less likely to be identified as having a special educational need or having appropriate early intervention. In other instances the greater community presents cultural barriers to services provided to the child. Sometimes this is in the form of misunderstanding of the cultural values of the minority or ethnic family. At other times racism becomes an issue. Russell (2003, 217) asserts â€Å"there is widespread evidence of additional disadvantage and social exclusion for disabled children from minority ethnic communities.† Language barriers for minority and ethnic families is also an issue. Typically this is the result of parents with poor English skills misunderstanding the communications of key workers and others, or of key workers and similar service providers misunderstanding or making assumptions based on poor communication by the parents (Fletcher-Campbell and Cullen 2000, 92). School personnel and other service providers must sometimes contend with a large number of native languages in their communities, and often lack the funding and staff to respond to all the potential EAL issues that may present (DfES 2004, 18). The result is a lack of communication between the family and professionals, which may result in a potential special educational need being misdiagnosed or mislabeled as some other issue, and the child not receiving needed identification of potential SEN. The key, according to Russell (2003, 216) is that information must be accessible, both ways, to families and professionals. Often these children have barriers related to the economic condition of their families. Over half the families with a disabled child are living on or below the margin of poverty (Russell 2003, 218). Often at least one parent is unable to work because of the childcare needs presented by the disabled child. Lack of financial resources in the family reduces the child’s access to services, as often transportation needs are unmet. More parents need â€Å"access to good quality childcare and early years provision in their local community (DfES 2004, 10). Poor families also typically live in poor communities, which often suffer a wide array of service deficiencies. â€Å"There are wide regional variations in the quality and coherence of available support† (Russell 2003, 223). Similarly, levels of support vary widely from community to community and even sometimes from pupil to pupil (Russell 2003, 220). This means resources leading to identification or intervention for one SEN pupil may not be available to a similar pupil simply because of where the second pupil lives, with poor children the least likely to have access to needed services. In short, for noticeably disabled children, â€Å"lack of effective information and communication about available services, a shortfall in appropriate family support services and the impact of racism and low income in many communities† often form a barrier to identification and early intervention (Russell 2003, 217). The above issues may affect all children with SEN; however, children with less obvious or visible disability suffer from additional barriers to identification and intervention. Whilst the blind child is easily recognised, the child with a learning disability or emotional issue may suffer for years before his or her needs are identified. For these children, lack of training amongst childcare and school staffs, ineffective sharing of information, insufficient time and resources, and even the child and/or parents’ response to learning difficulties can form barriers to SEN identification and intervention. A lack of training amongst those who interact with the child also leads to reduced identification, and therefore reduced intervention (Fletcher-Campbell and Cullen 2000, 90). Childcare and early years workers have the daunting task of determining whether a child has special educational needs, or is reacting to poverty, cultural differences, neglect, or some other factor. For example, school personnel and the LEA are expected to seek evidence of identifiable non-academic factors affecting statements† before full assessment (Callias 2001, 25). They look for other issues, such as â€Å"health problems interfering with schooling, sensory impairments, speech and language difficulties, poor school attendance, problems in the child’s home circumstances, or any emotional or behavioural difficulties† that may be causing the child’s educational difficulties (Callias 2001, 25). Because of this, children who come from difficult home situations or for whom English is an additional language will often experience delay as personnel try to determine whether these contributing factors or a true special educational need is present. The less trained staff is in these situations, the less likely they are to arrive at a correct, timely decision, or be able to correctly evaluate the child’s special educational needs in light of additional factors. This is compounded by discrepancies regarding what does and does not constitute a special educational need. â€Å"The criteria for identifying children with SEN and especially for thresholds triggering a statutory assessment are very general† (Callias 2001, 30). Because of this generality, â€Å"they remain open to differing interpretations and are likely to continue to be a source of potential difference of opinion† (Callias 2001, 30). Again, the authority or school with less trained personnel is therefore less likely to be able to provide timely and accurate service to SEN children in their care with other potentially contributing factors. The DfES recognises that early childcare workers and early years personnel need additional training in SEN identification, allowing services to â€Å"work on a preventative basis, rather than waiting until crisis point is reached (, 16). The government’s Removing Barriers to Achievement states an area needing improvement is â€Å"the expertise of those working with young children with SEN and disabilities† and advocates â€Å"consistent, nationally recognised training be provide to staff in all settings† (DfES 2004, 17) Another barrier to early identification and intervention is lack of communication and information sharing amongst involved parties. DfES repeatedly recognises this as a barrier to service, and advocates better information sharing and assessments for early intervention (DfES 2004, 10). Russell (2003, 221) similarly concludes it is widely recognised that fiscal, structural and cultural barriers between agencies negatively impact SEN identification and intervention. Schools and authorities facing high staff turnover have additional communication barriers as multiple personnel will often be involved in one identification or assessment. The problem was once much more severe. Fifteen years ago, â€Å"LAPP evaluation showed that staff in some schools were rediscovering the same learning problems in the same students each successive year, with no awareness of what might have been done about them in the past† (Stradling and Saunders 1993, 130). The government recently launched the Early Support Pilot Programme, which provides a single key worker who â€Å"takes responsibility for ensuring that services are coordinated and delivered around the family’s needs† (DfES 2004, 12). This allows for a coordinated, single assessment for the child, better information sharing between agencies, and ongoing reviewing services (DfES 2004, 12). Even the key worker system, however requires that the key worker be able to obtain accurate information regarding the child. â€Å"The criteria for ascertaining special needs begins with evidence that the child’s attainments are discrepant with the majority of children his or her age† (Callias 2001, 25). If the child is reported to be below attainment level by some parties and not by others, it brings into question whether the child’s issues are truly special educational needs or environmental. In some cases information is simply not provided or forwarded by involved agencies, often due to the lack of time and resources as described below. Key workers for children in unstable living situations also have difficulties in obtaining needed information. If a child is not at a given agency for a long enough period, and is constantly transferring from agency branch to agency branch or from school to school, it becomes difficult to gather all the needed information for a ccurate identification and intervention. In such situations parents are also often unable or unwilling to provide information on their child, making the child present without background at each new school or agency. Insufficient time and resources are another barrier to SEN identification and intervention. Lack of funding can cause delay by leading to not enough personnel (DfES 2004, 18). Although specific positions are advocated or required, some vacancies go unfilled for too long a period of time, and other staff are given caseloads in excess of recommendations (DfES 2004, 18). High turnover in the most needy schools and communities compounds this problem. One noted barrier to intervention is a lack of key workers who â€Å"ensure well coordinated services planned to meet individual family needs† (Russell 2003, 216). Poorer communities, as discussed above, often lack the resources and materials that other communities consider normal. Children’s Trusts are working to address lack of access to information and services, and lack of the services themselves in some areas, but discrepancies remain (DfES 2004, 13). Whilst the SEN Code of Practice is a welcomed guidance by many, there is ongoing concern about the time needed to implement the Code, and whether resources allocated to SEN pupils will take away from pupils without special needs (Bowers and Wilkinson 1998, 120). A final barrier to SEN identification and intervention is sometimes the child or parents themselves. A child who appears to not have special educational needs but in actuality does will often develop elaborate coping mechanisms to hide his or her learning difficulty (DfES 2004, 52). Such children often feel â€Å"stupid,† as their parents and teachers tell them to try harder and work to their potential, not realising that they already are. As the child works harder but is still unable to master material presented, feelings of inadequacy are compounded and coping and hiding mechanisms become more prominent (DfES 2004, 52). Sometimes this will be in the form of withdrawing or presenting as shy so as to avoid being asked to contribute. In other children, acting out as the class clown or seemingly rebelling and refusing to cooperate allows the child to avoid confrontation of his or her learning needs. As such, the child may progress through several years of schooling before his or her need for special education is identified. The child with unidentified SEN also sometimes refuses to cooperate with identification and intervention efforts, as there continues to be some social stigma in some schools and communities to learning difficulties. Parents may similarly resist a child’s identification as possibly needing special educational support, or the interventions suggested by the LEA. Parents may not realise that identification of a special educational need does not necessarily require their child be removed from mainstream education or schooled specially, that in fact, children are mainstreamed wherever possible (DfES 2002, 5). They may have issues regarding social stigma, or be in denial that their child has any sort of difficulty. In these situations, parents may refuse to provide information, mislead workers into the true nature of the child’s attainment, causing environmental issues or other factors to be considered. Fortunately, there are many ways that these barriers can be and are being overcome. The cultural issues of some minority and ethnic communities regarding children with disabilities is a complex one, and therefore defies an easy solution. However, increasing awareness and understanding within local people groups, particularly if such is available in their own native languages, is important to removing barriers for SEN children’s identification and for them receiving the services they need. Educating staff at community centres or religious places where people from such cultural background might seek assistance, for instance, on the facts of special educational needs and services available to children might lessen the stigma of disability and provide more accessible information to affected families. Also, translating information or providing written information in a wide variety of languages would be an aid to workers faced with a number of different language groups in their comm unities. These publications could even be available online, allowing easy download and printing of such publications and eliminating the need to keep many different copies of such information on hand and organised, or the chance of running out of materials in a specific language. Parliamentary debate of SEN and various government publications regarding SEN pupils’ needs have led to an increase in funding to LEAs, by which the authorities have begun to address some of the time, resource, and staff training barriers that prevent timely identification and intervention (DfES 2001, iii). In addition, the Code of Practice 2001 contains specific guidance to assist LEAs â€Å"obtain the best value from the considerable resources and expertise they invest in helping children with special educational needs (DfES 2001, iii). Serving more children within the context of regular schools through inclusion and mainstreaming additionally reduces the costs to LEAs, allowing allocation of funds and resources to a greater number of children (DfES 2004, 18). The implementation of a graduated response also makes intervention more economical, and assist staff with perhaps less training than optimum in ruling out the other factors, such as problems at home, that might cause a child to experience learning difficulties (DfES 2001, 26). The revised Code of Practice widens those able to recommend SEN identification, increasing the likelihood a number of barriers are reduced, and encourages or requires additional sharing of information between LEAs, schools, other involved agencies, parents, and the child. The Code now gives schools and nursery education providers a new right to request assessment and intervention (DfES 2001, iv). Parents and other agencies, in addition to schools, also have the ability to request assessment (DfES 2001, 75). Parents access to information is also significantly improved by the revised Code (DfES 2001, iv). Parents are now encouraged â€Å"to contribute their knowledge and understanding of their child, and to raise any concerns they may have about their child’s needs and the provision which is being made for them (DfES 2001, 52). When a child is being assessed, the LEA is now required to send a copy of assessment notice to both â€Å"the designated officer of the Social Services department and the health authority† (DfES 2001, 78). â€Å"They should also copy their own educational psychology service and any other relevant agencies, such as the education welfare service† (DfES 2001, 78). Finally, children’s and parents’ negative perceptions of and reaction to SEN identification and intervention could be reduced. For example, having public service or information campaigns similar to those previously discussed for minority or ethnic communities might make people more aware and informed. Early identification of children prior to them beginning to have negative feelings about themselves and school would in itself be an assistance. Also, children should have a forum and be encouraged to talk about their learning experiences. Having a humanistic approach that values each child’s feelings and concepts of their own learning, which also allows them to provide this information to teachers and others in a position to evaluate for SEN, would further remove barriers. In conclusion, whilst many barriers to SEN identification and intervention have begun to be addressed, more needs to be done. It is detrimental to both the individual SEN child and to the educational system and society as a whole if these children’s needs are not promptly addressed. Child/parents REFERENCES Bowers, T. and Wilkinson, D. 1998. The SEN Code of Practice: is it user-friendly? British Journal of Special Education, September 1998, 25(3):119-125. Callias, M. 2001. Current and Proposed Special Educational Legislation. Child Psychology and Psychiatry Review, 6(1):24-30. DfES 2001. Special Educational Needs Code of Practice. DfES Publications Centre. DfES 2002. Special Educational Needs (SEN): A guide for parents and carers. DfES Publications Centre. DfES 2004. Removing Barriers to Achievement: The Government’s Strategy for SEN. DfES Publications Centre. Fletcher-Campbell, F. and Cullen, M.A. 2000. Schools’ perceptions of support services for special educational needs. Support for Learning, 15(2): 90-94. Russell, P. 2003. ‘Access and Achievement or Social Exclusion?’ Are the Government’s Policies Working for Disabled Children and Their Families? Children Society, 17:215-225. Stradling, B. and Saunders, L. 1993. Differentiation in practice: responding to the needs of all pupils. Educational Research, Summer 1993, 35(2):127-137.

The Character of the Hero and His Detective Skills in Stories of Sherlo

The Character of the Hero and His Detective Skills in Stories of Sherlock Holmes Sherlock Holmes is a well-known and loved detective who features in sixty-eight of Sir Arthur Conan Doyle's famous detective stories. Written in the early 19c and set in London, the adventures of Holmes and his companion Dr Watson (with whom shared a flat with during some of the tales) are ingeniously written. Conan Doyle was born in 1859 in Edinburgh, Scotland; he went to Stonyhurst School and did a degree in medicine at Edinburgh University. He began writing during the time he was in medical practice using it as a way to pass the time he had free during his work. However his writing soon took over from medicine and he became famous for it. Conan Doyle was influenced by Edgar Allan Poe who similarly to Conan Doyle created a detective with odd habits and amazing powers of deduction, which are two of the recognisable characteristics of Sherlock Holmes. In all of his many adventures Holmes uses interesting and unusual detective skills including disguise ('A Scandal In bohemia') (this is the story of a King from Germany who was involved with a woman by the name of Irene Adler she has in her possession a picture of herself and the King which she is planning to reveal before the king planned wedding to a Princess daughter to another king, Holmes plans to retrieve it and return it to the King.) and very good powers of observation ('The Speckled Band') (a story of a family Named Roylott . One of the daughters of Dr. Roylott had suffered from a suspicious death the previous year prior to her forthcoming wedding when she had been found dying by her sister she had given her last words of "it was the band, the Speckled band." Her s... ...ite different as Holmes gets a result from sitting in Dr. Roylotts house all night he sends the snake through the vent just as Holmes had anticipated and prepared for meaning he was ready to attack when it emerged. He swiped at the snake and sent it back into the Dr's room causing it to kill him. This was a positive result for Holmes as he had prevented a young woman from being killed. Personally I prefer different elements in each story. I like the tension and drama that is shown throughout "The Speckled Band" but I like the way also that there is a lot of wit and intelligence in " a Scandal In Bohemia" with people scheming and plotting there is a lot of planning but it does not have the dark qualities of "The Speckled Band". I think these are two very different stories and although they have similar structures the eventual outcome is very different.

Keeping school safe Essay

Keeping the Same School Schedule Everything in life is a chain reaction. An event happen because of a certain event. The New york City Department of Education want to change the schedule of the school. Instead of having 8 hours of school we student would be having an extra 2 to 3 hours of school. The positive part is having a friday as a weekend but this plan is not a 100% plan proof because we can’t tell the future of all the good and bad that will happen because of this event. Although we can predict the event with the evidence that is there. Why change something that is plan proof?We live using this schedule for decades. Why change that now? If we change the schedule of the school day, students would travel late makes it the most critical problem to having the schedules change. Traveling late leads to traveling in the dangers darkness.As students it would be harder to see so it makesit harder for us students to watch our waysand watch where are we stepping In some case people are too lazy to pick up and clean their dog poop and we the accidental steppin it.In this case your child will come home with a dirty smelly shoe everyday.In another case murderers would camouflage them self.this way they are ready to attack a child while the child will be the victims without knowing. This child could be yours . Statistics show 414 homicides happen in New york city in 2012.If you think you’re safe just because the average of homicides decreased by 20% from 2011,then your wrong.According to New York Times we are the third largest homicide city out of the selected 6 cities. This is not good because your child could be the next victim.The younger ones are more vulnerable. Your child could be the next victims and you woud be weeping for your child to come back in to your arm but hopes are lost.Also school time occur throughout winter and fall.These season are the coldest seasons.So student will get sick more easily because we taveling at night time which is more colder.It more worst for student who hve the school near a bay,river or oceanic land mass.Also imagine your child coming home freezing to death with froz bite. This lead to student be absent more and having medical notes increasing.with the amount of increasing medical notes the child will be missing out on at least twice as much as we are learn because of the longer  day(which equal to more information learned). We will face hunger as another of our big problems. Hunger lead to giant gap of opportunities to eat since the earliest lunch period is third which we call breakfast but some calls it b ranch. Already students are complaining about the lack of food they eat and being hungry all the time in school just because they don’t want to eat the nasty and grossing school lunch food. This is a problem because student will be missing out on nutritional value. Missing out on nutritional value leads to malnutrition. Not only student are hungry teacher are human being too. Teacher will get cranky if the don’t eat .They will most likely intend to eat in class. This makes student more hungry and can make some students cranky too.As for the elementary school kids like kindergraten and first grades will nagg and win to get food from the teachers.Some student may be violent and will fight for food.This is the idea of Surival of the fittest created by Charles Darwin. Lasty imagine a chid passing out in class due to lack of food being eaten.Also you child would not learn anything because the will fall a sleep in class and will not focus because they are too weak too put their mind to work.In addiction to that when human are hungry we will get sleepy to replace the hungerness because your bodyis too weak and will shut down to save energy. All in total of these factor lead to the the stress level on children increases.Which make adults nervous.The factors increase stress level is overload in work due to the extra classes or longer period of class because of more lessons being done in class.This lead to less work time at night and more homework.Which lead to to lack of sleep.This lead to children unable to pay attention because they are sleepy and will fall asleep in class.If the student don’t sleep the student will pass out and go into a coma.Also college resume would not look good without after school activities which we student don’t have time for. This will have an increasing amount of children have panic attack and nervous breakdown and high school students unable to continue to a go college and get scholarship. In conclusion,all the possibilities will happen just because of this change will happen.There will be other negative unknown happening coming along the way. LIke without after school activities the obesity level will increase.obesity Is one of America’s biggest concern.It one of the top concern in New york City.Along with the stress level on childrens increases which leads.This will have an increasing amount of children have panic attack and nervous breakdown. Also facing hunger will be a large problem because we are starving our children of the future. and Traveling late leads to traveling in the dangers darkness lead â€Å"accidents†.

Free Essays on Due Process

Due process is best defined in one word-fairness. Throughout the history of the United States, its constitutions, statues and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. Due process of law is administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and the safeguards for the protection of individual rights. When or if at anytime a person is treated unfairly by the government, the criminal justice system (to include the courts), that person is said to have been deprived of or denied his/her due process. it is often referred to in such terms as the "law of the land" and "legal judgement of his peers." The first time these expressions were used in the sense of due process was in the great charter of English liberty, the Magna Carter. In the United States, the phrase due process first appears in the Fifth Amendment to the United States Constitution, ratified December 15, 1791. the amendment refers specifically to federal and not state actions, therefore another amendment was necessary to include the states. this was accomplished by the 14th Amendment, ratified July 9, 1868. As a result of the ratification, it was established at both federal and state levels that no person "shall be deprived of life, liberty, or property without due process of law." Recently, the United States Supreme Court has placed emphasis on procedural safeguards in the administration of criminal justice in federal and state cours. As determined by custom and law, due process has become a guarantee of civil as well as criminal rights. Through interpretation of the law, due process has grown to include, among other things, provision for ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right ot be heard in his/her own defe... Free Essays on Due Process Free Essays on Due Process The phrase ''due process of law'' does not necessarily imply a proceeding in a court or a plenary suit and trial by jury in every case where personal or property rights are involved. 25 ''In all cases, that kind of procedure is due process of law which is suitable and proper to the nature of the case, and sanctioned by the established customs and usages of the courts.'' 26 What is unfair in one situation may be fair in another. 27 ''The precise nature of the interest that has been adversely affected, the manner in which this was done, the reasons for doing it, the available alternatives to the procedure that was followed, the protection implicit in the office of the functionary whose conduct is challenged, the balance of hurt complained of and good accomplishedthese are some of the considerations that must enter into the judicial judgment.'' 28 n. a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result. While somewhat indefinite, the term can be gauged by its aim to safeguard both private and public rights against unfairness. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall†¦be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle flows many legal decisions determining both procedural and substantive rights.... Free Essays on Due Process Due process is best defined in one word-fairness. Throughout the history of the United States, its constitutions, statues and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. Due process of law is administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and the safeguards for the protection of individual rights. When or if at anytime a person is treated unfairly by the government, the criminal justice system (to include the courts), that person is said to have been deprived of or denied his/her due process. it is often referred to in such terms as the "law of the land" and "legal judgement of his peers." The first time these expressions were used in the sense of due process was in the great charter of English liberty, the Magna Carter. In the United States, the phrase due process first appears in the Fifth Amendment to the United States Constitution, ratified December 15, 1791. the amendment refers specifically to federal and not state actions, therefore another amendment was necessary to include the states. this was accomplished by the 14th Amendment, ratified July 9, 1868. As a result of the ratification, it was established at both federal and state levels that no person "shall be deprived of life, liberty, or property without due process of law." Recently, the United States Supreme Court has placed emphasis on procedural safeguards in the administration of criminal justice in federal and state cours. As determined by custom and law, due process has become a guarantee of civil as well as criminal rights. Through interpretation of the law, due process has grown to include, among other things, provision for ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right ot be heard in his/her own defe...