Balancing rights of victim

Physical abuse[ edit ] Among professionals and the general public, people often do not agree on what behaviors constitute physical abuse of a child. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating. Much physical violence against children in the home is inflicted with the object of punishing. Corporal punishment involves hitting 'smacking', 'slapping', 'spanking' children, with the hand or with an implement — whip, stick, belt, shoe, wooden spoon, etc.

Balancing rights of victim

However, an employee, as well as a private individual has certain privacy rights that the law protects. So where is the line drawn between what an employer is allowed to search for and where? As an employee, it is vital to know your rights and to know what to look out for as possible violations by an employer.

Get informed and know your rights! For example, the Fourth Amendment to the United States Constitution provides protection for all persons against unreasonable search and seizure of their persons, homes, and personal property, and this doctrine applies when the employer is the government.

However, most private employers are exempt from this doctrine unless the private employer does extensive business with or is heavily regulated by the government and are generally permitted to use a variety of techniques when suspecting a worker of misconduct.

Although each case is decided on its own merits, the law generally states that office searches are permissible if an employer has a reasonable basis for suspecting the employee of wrongdoing and the search is confined to nonpersonal areas of his or her office.

The reason is that the office and documents relevant to company business are the property of the employer and can be searched anytime. However, clearly visible personal items cannot be searched, and employers cannot conduct a search if there is no reasonable ground for suspicion.

Balancing rights of victim

The absence or presence of any regulation or policy placing employees on notice that routine searches would be conducted is the primary factor in determining whether or not searches of employees or their work areas or property are legal.

For example, when signs are posted throughout a company reminding workers that personal property is subject to search, when memos are distributed stating that surveillance measures will be taken on a regular basis, and when handbooks are disseminated stating that personal property is subject to search in company lockers, case decisions indicate such measures reduce claims of illegal privacy invasions, particularly when such policies explain the necessity for conducting searches, set forth procedures minimizing personal intrusion, and advise employees that their refusal to cooperate may lead to discipline or discharge.

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With such policies in place, one court found that packages may be searched. Another court decided that searching vehicles on company property was legal.

One court even found a search valid on the basis that an employee had voluntarily accepted and continued employment notwithstanding the fact that the job subjected him to searches on a routine basis.

This, the court concluded, demonstrated his willingness and implied consent to be searched thereby waiving the claim that his privacy rights had been violated.

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However, when the employer does not have such policies in place, the lack of published worker rules and regulations may actually encourage an expectation of privacy claim.

You should also recognize that the expectation of privacy is greatest when a pat-down or other personal search of an employee is conducted. Knowledgeable employers are reluctant to conduct personal searches, especially if they are random or done without specific, probable cause with respect to the individual involved.

According to testimony at the trial, the guards yelled at the employee in addition to shoving him.

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Have similar searches been conducted on you or your property before? If so, did you acquiesce in the search?

Balancing rights of victim

Have similar searches been conducted on other employees? Were you given a warning that the employer intended to conduct a search? Was the object of the search company property? Did the search have an offensive impact? Were you grabbed, jostled, struck, or held?

Were you coerced, threatened physically, or mentally abused in order to make you cooperate? Were you held against your will?GENERAL OVERVIEW. Introduction. Thirty years ago, victims had few legal rights to be informed, present, and heard within the criminal justice system.

The Harvard Civil Rights-Civil Liberties Law Review (CR-CL) is the nation’s leading progressive law journal. Founded in as an instrument to advance personal freedoms and human dignities, CR-CL seeks to catalyze progressive thought and dialogue through publishing innovative legal scholarship and from various perspectives and in diverse fields of study.

Perhaps it's just because feminism is a lens I use to look at the world these days, but the most striking thing about the show was the feminist themes woven throughout it, in ways obvious and subtle.

This is the index page for A Guide for Journalists who report on crime and crime victims. Rape and the Media: Victim's Rights to Anonymity and Effects of Technology on the Standard of Rape Coverage Helen Boyle.

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Cite as: Boyle, H. 'Rape and the Media: Victim's Rights to Anonymity and Effects of Technology on the Standard of Rape Coverage', European Journal of Law and Technology, Vol.

3, No. 3, August 16, hours: Listen/View Webinar View PowerPoint (PDF MB): Whether it is a single incident or an ongoing pattern of abuse, sexual assault can undermine a victim.

Balancing the rights of the victim, offender and society by on Prezi