Essay Example on Minnesota Law

Published: 2019-05-28
Essay Example on Minnesota Law
Type of paper:  Essay
Categories:  United States Law
Pages: 7
Wordcount: 1698 words
15 min read
143 views

Residents of the Minnesota territory initially approved this constitution in the state of Minnesota on October 13, 1857, during a special election held at that time. The United States Senate ratified the constitution in the month of May 11, 1858, making the acceptance or rather an admittance of Minnesota to the Union. Often multiple items at once have been amended and approved with perhaps the most significant detail being the reorganization in 1974 to simplify the document(constitution) and therefore, making it easier and simpler for readers to comprehend and reduce extensive verbiage. Making of this important document in the state of Minnesota took quite some processes, went through a lot of capstone problems, amendments and finally it was approved by the United States. Some of these processes include;

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Creation and ratification

To pick Republican and Democratic representatives to a state constitutional convention, an election was held in Minnesota territory on June 1, 1857, following passage of an enabling act by the US Congress which was on February 26 of that same year. However, the political differences between the two parties were so great that each of the parties held a separate convention and never met. All in all, each convention signed their document.

Bill of Rights

It is featured mainly or prominently as an Article in the Constitution. Currently, there are seventeen sections in the bill of rights that may include many that echo the amendments to the United States Constitution by subject matter and not by the language used. The Minnesota Supreme Court has the final authority over how the bill of rights is interpreted.

In the constitution, apart from creation and ratification, the Constitution also has to go through the legal system that is, the legislature, and transportation. After that, the constitution of Minnesota was altered that was in the year 1974. The legislature constituted a board to examine the constitution and make recommendations to maintain its utility.

Heroin users black community'' in Hennepin Minnesota County

Heroin and other opiate addiction shows that it has steadily increased in Twin cities that is Hennepin and Minnesota counties over the past ten years. In 2013, the circumstances and major concerns or issues remained the issues of growing magnitude and consequences of this black community. Minnesota records a high death percentage of heroin-related deaths in the recent years as many addicts shifts from more costly and harder to get prescriptions that opiate to this cheaper alternative. Authorities say heroin is cheaper in Minnesota, and it is also easy to get and among the purest in the country. Heroin use can cause severe health risks , this is because the drug decreases the user's drive to breathe , it also increases the likelihood of vomiting and decreases the reflective responses like response to a cough and gag to prevent choking . This, therefore, leads to people dying from respiratory arrest. Heroin addiction or rather the black community in Minnesota is, therefore, the capstone problem facing this state. In fighting this addiction, an average of 15 people is being treated per day in Minnesota clinics. They are being treated with Suboxone/buprenorphine prescriptions that are believed to help stave off withdrawal symptoms from stopping heroin use i.e. it helps reduce the highness of the withdrawal symptoms. This can happen as much as three times a day in a person. There have also worked with prevention programs for people addicted to heroin for the youth in schools. Also creating social awareness on the adverse effects of heroin to the public is another way heroin has been addressed in Minnesota. Those are just, but some of the ways heroin is being addressed in the county of Minnesota.

Legal Issues Pertaining the capstone problem in Minnesota

In Minnesota, employer/employees testing of job applicants and citizens, in general, is being controlled and overseen by the Minnesota Drug and Alcohol testing in their workplaces Act, minn.stat.181.950-181.957., also known as DATWA. Some federally mandated drug and alcohol tests administered pursuant U.S Department of Transportation i.e. DOT statutes, however, are excluded from DATWA if performed properly. DATWA does not force any employers or employees to conduct drug tests but rather its the employers /employees wish to do so and must strictly comply with the requirements of the Act. Minn.stat.181.951. if agreed to do so.

Adoption of the written policy; In DATWA, an employer is not subjected to a drug and alcohol test unless he/she has adopted a written testing policy that contains the following elements:

- A record of the employees or job applicants directed to testing under the policy;

- The circumstances in which drug or alcohol testing may be required or needed.

- The claim of an employee or job applicant to decline to undergo drug and alcohol testing and the consequences of his/her refusal.

- Any disciplinary or other unfavorable personnel step that may be taken based on a positive test result

- Any appeal procedures available to employees.

Heroin is a synthetic drug and as such it is, therefore, illegal since it is included in Schedule 1 of the Controlled substance schedules in Minnesota as of 2011. This schedule one drug can be defined as the kind of drugs that have a possible high likelihood for abuse with no accepted medical use. On August 1, 2014, the state of Minnesota passed a new law classifying an illegal drug to include any substance that mimics or enhances the effects of a legal drug. The law also stated clearly the consequences of sellers saying synthetic drugs are legal and are open for selling. This law raises some ethical drama because the state legalizes the production of synthetic drugs in industries but yet claim them to be illegal and banished from usage. The state should instead not produce synthetic drugs like heroin at all costs to avoid consequential events like most states being addicted to drugs. There is much different tone of discussions about heroin today, then again heroin use is a legal problem, and it is primarily a medical problem that should be handled by public health officials which is not the case in Minnesota as a state. Another issue is the legalization of marijuana done by the federal government of Minnesota, whereas it is as a matter of fact a synthetic drug. The question is, doesnt marijuana also raise issues such as addictions and unexplained deaths? It is a legal drug yet so fatal in repercussions. If synthetic drugs are illegal why not do away with all of them? This legalization of marijuana, however, feels like a much different issue according to some police chiefs in Minnesota.

Diversity issues or concerns pertaining the capstone problem.

In diversity issues pertaining heroin abuse in Minnesota, there are social and cultural diverse aspects of drug abuse mainly in adolescents. Drug abuse behavior like human behavior, in general, is perceived as an outcome of genetic and biochemical characteristics, past learning experience, motivational states, psychosocial behaviors and cultural contexts in which it unfolds. These conditions assume a considerable variety of drug abuse. These are social and cultural factors that help greatly in initiating, maintaining and therapeutic intervention of drug abuse.

Cultural diversity: a very good example are the Indians who greatly enjoy and encourage the use of plant products like cannabis Sativa, opium, and home-brewed alcohol beverages while other communities or countries may not have the same view. Under this socio-cultural framework, we get to see the diversities in culture pertaining the use of illegal drugs.

Parents also have a great role in the initiation, maintenance of drug abuse. They have a tremendous influence on their children. In some cases, it depends with how the children are raised. If the mother were a smoker, you would find that the child also becomes a smoker. The diversity comes in when there are different classes and places where the children are raised. Children grew in homes where parents are drugged addicts then definitely the child might follow suit whereas children raised in higher places and where parents do not abuse illegal drugs then the child might come out the same too. The difference in socio-economic status causes this heterogeneity.

Friends also have the greatest influence on their fellow peers. Most initiations to drug abuse are normally in the company of a friend or friends. Someone with a group of friends who are drugged addicts has a higher percentage of being influenced to get into drug abuse whereas someone with great friends who do not abuse drugs will not easily become an addict.

Higher drug-abuse rates are always observed in lower income groups. You find that adolescents from low socio-economic background are more likely to become addicts than their middle-class and high-class counterparts

There is also availability and accessibility of these synthetic drugs. It is an important factor in initiation and maintenance of drug abuse amongst peer groups. A person who has an easy access to drugs and alcohol is most likely to start using these drugs than those who cannot easily access the synthetic drugs.

All in all, diversity issues concerning heroin use in Minnesota can be quite a number and may occur on the basis of socio-economic classes, age groups, and livelihood and so on.

Ethical issues pertaining heroin users black community in Minnesota.

Ethical issues refer to the professional and legal issue pertaining a certain capstone problem.

Consent: Informed consent is considered one of the fundamental considerations in ethical research. For this to apply it must be voluntary, and the potential subject must be competent. You must never force one to conduct a test whether he/she is an addict or not.

Benefit Assessment; when an investigator thoughtfully and carefully evaluates the potential risks and benefits of a research study based on drugs he/she should be able to make it aware to the potential subject before proceeding with the test .that is being ethical.

Confidentiality protections; some potential subjects normally disclose confidential information. It would not be ethical if the investigator discloses that information to anyone else.

References

Jam C.S. (2006). An ethanol protocol to prevent alcohol withdrawal syndrome. pp. 203

Steve Riner (2003). Legal basis for Establishment of Minnesota Trunk Highways; the Minnesota Unofficial Minnesota Highways page.Am J Bioeth: (2002). Consenting to heroin prescription.pp. 37-47

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