Race V Class, Understanding American History After 1945

Introduction After 1945, American soldiers returned from the Second World War that had just ended. Their return plunged the nation into a state of economic boom in the housing sector. The economic boom transpired due to the availability of benefits acquired by veterans from the war. However, the period witnessed high levels of racial discrimination against the Black Americans, Native Americans, Asian Americans, and Mexican Americans, whom the White Americans deemed as the minority groups.Advertising We will write a custom essay sample on Race V Class, Understanding American History After 1945 specifically for you for only $16.05 $11/page Learn More In this view, the concept of race defined the United States history just after the Second World War because it formed the basis of employment, acquisition of property, and attainment of leadership positions. Therefore, the essay explains that race is concept that is more important than class in understanding A merican history after 1945. Overview Race is a concept that highlights the American history after the Second World War. After 1945, America went through a period when racism was highly pronounced. During the period, the Whites believed that people from the minority groups were lesser beings than those from the majority groups (Cowie 49). The minority groups were in the category of marginalized groups and many services provided by the federal government went to the White Americans. Areas such as employment, education, property ownership, and leadership were a preserve of the White Americans. Therefore, race is a concept that best explains the history of America after the Second World War. Discrimination in Employment The minority groups in the United States experienced and endured discrimination in employment sector due to the institutionalized racism. The federal government enacted and passed laws that denied the minority groups the chance to work in the United States. The laws gove rned the terms of employment, working conditions, as well as salaries and wages. According to Sugrue, â€Å"Chicago, Philadelphia, and New York played a decisive role in deepening racial inequality in the city† (86). Moreover, the federal government and private employers were reluctant or unwilling to hire employees of African, Asian, or Mexican origins. Therefore, a number of people from the minority groups worked in plantations such as rice fields, which had poor working conditions and low wages. Most of the employees from the minority groups received very little wages, and subjected to hard work and harsh treatment as opposed to employees from the majority groups. The White Americans discriminated against the minority groups making them victims of racism in the United States. The federal government redlined the minorities and created a harsh working environment for them.Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 1 5% OFF Learn More The Native Americans received harsh and inhuman treatment from their employers or superiors who perceived them as unimportant beings basing on their color or ethnical background. In workplaces, employers or superiors overlooked employees from the minority groups in aspects such as promotion and increment of salaries or wages. The racial disparity in promotion and salary or wage increments took place irrespective of the performance of the employees from the minority groups. Therefore, unemployed members of the minority groups demonstrated their anger through riots and strikes organized by unions in an attempt to communicate their grievances to the federal government (Cowie 225). Thus, the minority groups experienced pronounced levels of racial discrimination in places of work orchestrated by the federal government and the private sector. The riots and demonstrations led to the loss of lives and eventually recognition of the minority rights. Discrimination i n Housing Soon after the Second World War, the minority groups became the main target of discrimination under the basis of race and place of origin. The United States federal government introduced policies that segregated people from the minority groups and prevented them from accessing good houses. The federal government limited the access of the minority groups to good housing using the housing administration, which was a body charged with the provision of shelter to the citizens of the United States. In an attempt to limit equal access to good housing among minority groups, the federal government denied them low-interest loans and forcefully acquired their houses. Sugrue outlines that â€Å"Detroit’s public housing was racially segregated† (86). Furthermore, the boom from veterans of the Second World War worsened the housing problem as houses became scarce; hence, cases of discrimination quickly emerged with the scramble for the few available houses. Most of the Whi te Americans who were house owners declined application for housing from minority groups, but instead accepted applications from White American tenants. Mortgage companies also tailored their policies in a manner that favored the White Americans in the United States. As a result, many potential house owners from the minority groups found it very difficult to acquire good houses because mortgage prices were high and favored the White Americans. Cowie explains that Martin Luther King Junior campaigned â€Å"to support the striking sanitation workers as a building block in ‘poor people campaign,’ a new march in Washington that would be a Selma-like movement on economic issues† (65). Therefore, minority groups used unions to present their grievances to the government. Additionally, the minority groups lost their houses through forceful acquisition, deception, and fraud to the White Americans. Racial discrimination in the housing sector forced the minority groups to s eek shelter in camps and shanties where the living conditions were poor. In some cases where the minority groups managed to get houses, they paid higher amounts of rent than what their White counterparts did.Advertising We will write a custom essay sample on Race V Class, Understanding American History After 1945 specifically for you for only $16.05 $11/page Learn More Discrimination in Ownership of Property After 1945, policies designed by the federal government of the United States favored the Whites and discriminated against the minority groups. Ownership of property among minority groups became a very complex and difficult affair for officials in the government declined their proposals, deceived them, and refused to help them acquire property in the United States. Although a few members of the minority group had the limited access to property acquisition, the state frequently confiscated their properties and declared them as illegal. Unfair treatmen t had its basis on the color and appearance of the individuals because of their racial background (Sugrue 8). During the period after 1945, the federal laws and policies prohibited ownership of property by the minority groups. One of the factors that contributed to the prohibition is the misconceptions held by White Americans concerning the minority groups. Property owners, managers, and agents discriminated against the minority groups in the sale of properties and business outlets. As a result, many Americans of African, Asian, and Mexican origins failed to acquire properties during the period. Failure to acquire properties and business outlets by the Africans, Asians, and Mexicans rendered them poor and greatly affected their living conditions. According to Cowie, â€Å"Congress for the first time since it went democratic in 1932 passed a tax cut not to redistribute wealth, but to give relief to the middle upper class, suggesting a very new mood among the democrats more broadlyâ €  (257). Therefore, the minority groups in the United States endured discrimination and enjoyed limited rights of property ownership. Some of the ways that the Whites exercised racism included refusal to sell or rent their houses and unequal valuation and appraisal of property. Furthermore, other White Americans who were property owners provided different terms and conditions for the minorities, whereas banks refused to provide loans to the Asians, Africans, and Mexicans living in the United States. Discrimination in Education Racial discrimination also affected the education sector since many institutions of learning had some forms of racial segregation. After 1945, many schools in the United States belonged to either the White Americans or the minority groups. The federal government discouraged students of color from studying in schools designated for the White American students. Teachers and trainers administered harsh and inhumane punishment on the children from Asian, Afric an, and Mexican origins (Cowie 11).Advertising Looking for essay on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More In addition, trainers entrenched racisms in schools, as they perceived children from minority groups as lesser beings than their White counterparts. Therefore, the trainers gave biased treatment in training, discipline, and grading of the students. Due to the misconceptions held by the students concerning the attitudes displayed by their parents, the White Americans students undermined their colleagues from the minority groups. The prejudice, which students from minority groups received from their colleagues, led to poor relationships among students in schools and social places where they interacted. â€Å"The effects of racial discrimination were evident as they highlight racial differences in urban streets and workplaces† (Sugrue 6). Therefore, the prejudice of students from minority groups also lowered their self-esteem and affected their performance. Moreover, another form of racial discrimination that the state displayed during the period after 1945 was underdevelopment and the absence of good learning facilities in schools designed for the minority groups and presence of good facilities and good infrastructure in learning institutions designed for the White Americans. Teachers in schools offering education to the minority students experienced challenges in terms of lack of teaching resources and funds. Teachers mainly from the minority groups joined unions and voiced their grievances to the federal government. Furthermore, educational loans and sponsorships were available to the White American students only, while the children from the minority groups usually dropped out of school or performed poorly due to insufficient funds to facilitate their education or poor quality of learning facilities. Discrimination in Leadership Members of the minority group who wanted to vie for leadership positions in the United States also experienced racial discrimination. During and after 1945, the White Americans believed that people from the minority groups were unable to provide good governance and leadership. Therefore, any member of the minority group who attempted to vie for any political or leadership position was discouraged and intimidated by the White Americans who formed the majority group. As Martin Luther King Junior fought against racial discrimination, â€Å"Robert Kennedy admired King’s commitment to unite the poor whites and the poor blacks into what the civil rights believed it would a ‘powerful new alliance’ that transcended racial integration and placed social justice on an economic footing† (Cowie 65). Additionally, some states in the United States barred members of minority groups and women from casting their votes. As the federal government denied the minorities their voting rights, it implies that it was impossible for any member of the minority group to win and get a leadership position. Thus, members of the minority who tried to campaign failed due lack of support from the federal governmen t and voters. Aspiring leaders from the minority groups who tried to vie for leadership positions received discouragement from the federal government or lacked adequate funds to facilitate their campaigns. The federal government preferred the White Americans, but discriminated against the Native Americans, Asians, Africans, or Mexicans. One of the main factors that contributed to the preference was the misconception held by the White Americans who believed that women and minority groups did not have capacity to take leadership positions. According to Cowie, leaders from the minority group who tried to campaign were the subject of ridicule and discouragement by the state and the White Americans (63). In some cases, the White Americans booed the leaders from minority groups in rallies and conferences during campaigns. Therefore, the minority groups remained as marginalized members of the American society for the larger part of the 20th century, after the Second World War. Conclusion A fter the Second World War in 1945, America experienced economic boom in the housing sector, which resulted from the pension that war veterans received. Housing and economic boom led to a sharp increase in the demand for housing and affected the economy of the United States. Besides, in the period preceding the Second World War witnessed high levels of discrimination against races from Africa, Asia, and Latin America as the White Americans deemed them as minority groups. The White Americans exercised racial discrimination in learning institutions, workplaces, and social places such as hospitals and churches. Americans from the minority groups worked in plantations and construction industry as casual laborers where they received meager income. Works Cited Cowie, Jefferson. Stayin’ Alive: The 1970s and the Last Days of the Working Class.  New York: The New Press, 2013. Print. Sugrue, Thomas. The Origins of the Urban Crisis: Race and Inequality in Postwar  Detroit. New York: Princeton University Press, 2010. Print. 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Beyond Reasonable Doubt And Balance Of Probability Law Essay The standard of proof, in essence, can be loosely defined as the quantum of evidence that must be presented before a Court before a fact can be said to exist or not exist. As the type of cases before a Court can be classified into criminal or civil, so can the standard of proof. There is a clear understanding that the Courts follow according to wich the standard of proof to be followed in a criminal case is that of beyond reasonable doubt whereas the standard of proof changes, even lowers to the balance of probabilities in cases of civil proceedings. It is also widely understood that the standard is higher in criminal cases. This does not mean that the actual quantity of evidence adduced should be more but speaks more of the nature of evidence. Even though such a bifurcation exists, a problem might crop up in the form of criminal charges within a civil case. 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The former is he standard adopted while dealing with criminal cases while the latter is the standard in use in case of civil suits.  [1]  Different standards of proof are constructed seemingly to, among other things, minimize the high social costs that may arise on account of errors.  [2]  In actuality, these two terms are rarely used, especially in jurisdictions where juries are involved, as the two terms seem to be rather esoteric in nature and not immediately comprehensible.  [3]   The standard used in criminal trial that is proof beyond reasonable doubt is viewed as requiring a high degree of satisfaction that the prosecution must, through the evidence and materials it presents, create in the mind of the Judge or the jurors. This high degree often leads to acquittal sometimes even when the authority trying the case feels that the guilt of the accused, based on the evidence, is more probable than his innocence. Even so, if the slightest doubt as to the guilt of the accused is created in the mind of the Court, he is given the benefit of the doubt and his innocence proclaimed. The basis of this is the general belief that the conviction of an innocent man as opposed to the acquittal of a guilty one is a fate more heinous, which is why such an allowance is made in the first place. Also, in most cases the accused might not have at his disposal the kind of facilities that the prosecution can use to establish their version of events. This could also be one of the reas ons behind the leniency awarded to the accused as regards the standard of proof to be upheld by the prosecution. The nature of penalty in case of criminal cases is also often harsher in nature, which is why the same standard is not adopted in case of civil suits. Even though the concept, as well as the term, reasonable doubt was greatly acknowledged by the House of Lords in Woolmington v. D.P.P  [4]  , later decisions have shown that the Court, especially with respect to jury direction, does not consider it an obligation to use the term while explaining the level of proof required. It is often emphasized that the degree of persuasion, even in criminal cases, be determined depending on the unique characteristics of the case at hand. As a result, the generalized use of the term is not considered indispensable for a valid trial.  [5]  In common law cases, while explaining the standard of proof needed in criminal cases, even while avoiding the phrase beyond reasonable doubt, the Courts have explained to the jury that the doubt they were expecting should be the kind which might arise when the jury are themselves dealing with matters of importance in their own affairs.  [6]  This is important because if the Courts were to be less speci fic and characterize the doubt to be the kind that would come up in everyday affairs, the envisaged high standard of proof would be suitably lowered. This is of significance because even though absolute certainty is not expected, the deciding authority is supposed to come as close to it as practically possible.  [7]  In the United States of America, arguments were made against defining beyond reasonable doubt while directing the juries as this was believed to have reduced the level of satisfaction required in the minds of the jurors and thereby increasing the chances of conviction. The Courts held that as long as the terms used in the definitions were in line with the case as a whole, there was no error committed. The same view has been held valid in common law countries as well.  [8]   A lower standard, that of balance (or preponderance) of probability is applied in civil litigation. Even though the standard of proof is lower in civil cases, it is no reflection on the seriousness of the allegations in question. The rationale behind the use of such a standard is that in some cases the question of the probability or the improbability of a happening is an imperative consideration to be taken into account in deciding whether that event has actually taken place or not.  [9]  In other words, even when a very serious allegation has been made in a civil case, the standard of proof is not considered to be automatically raised to come closer to the criminal standard.  [10]  However, there are certain cases which are primarily civil in nature but require, in the view of the Court, a standard of proof applicable in criminal proceedings.  [11]  The exceptions to the aforementioned general rule in civil cases include civil contempt of Court and. applications for orde rs relating to sex offenders or those exhibiting anti-social behaviour.  [12]  In other cases where there are criminal allegations as part of civil cases, the standard in use is the balance of probability. The reason behind this was explained in Hornal v. Neuberger Products Ltd.  [13]  , where it was held that within the scope of balance of probabilities, there might be varying degrees therein. It is thus suggested that there are innumerable degrees present that fluctuate on a case to case basis.  [14]   Since varying degrees within the same standard of proof threatened to cause irregularity or absurdity, suggestions were made to create a third standard of probability, which were shot down in common law jurisdictions, reaffirming that only two standards of proof would be operational in these jurisdictions. Contrastingly, the United States of America has in fact created this third standard, present somewhere in between reasonable doubt and balance of probability. This midway standard is characterized by the terms clear and convincing evidence and is used as the measure of persuasion essential in the type of cases which involve allegations of criminal or quasi-criminal actions within (what is at its crux) a civil case. The reasons behind the construction of such an intermediary standard is to make the trying of such cases easy as are concerned with important rights of an individual in civil cases.  [15]  In spite of it being considered a third standard, reasonable doubt has been sh own to coexist with clear and convincing evidence, leading to the assertion that the distinction between the two remains obscured.  [16]   Section 3 of the Indian Evidence Act, 1872 Following the general external tests in use to determine the standard of proof, the Indian Evidence Act accepted the conditions of a prudent man as being the apt standard by which proof can be measured.  [17]  Having said that, it is crucial to note that even though the condition of a prudent man is accepted, the Court also makes allowance to probable or improbable circumstances and conditions so that in cases which do not require the criminal standard of reasonable doubt to be applied, the standard of the probability or improbability of an event can be considered as appropriate.  [18]   The concept of reasonable doubt, which is considered to be the appropriate standard of proof for criminal cases, though not defined in the Act has been interpreted through various judicial decisions. In Commonwealth v. Webster  [19]  , reasonable doubt is not meant to be comprehended as a mere possible doubt (as all that is connected to the affairs of humans can be said to contain a possible element of doubt). Reasonable doubt is the state of mind of the jurors wherin they are not in a position to confirm the veracity of the guilt of the accused even after careful perusal of all the adduced evidence.  [20]  Since the law presumes that the accused is innocent until he is proven guilty, it is essential that before he is condemned, such a reasonable doubt not exist. In the event that a doubt is created in the mind of the Judge, the accused is permitted the benefit of the aforementioned presumption.  [21]  Beyond reasonable doubt, however, does not mean that those who have as sessed the evidence at hand should be absolutely certain of the guilt of the accused as this would create a bizarre and inconvenient situation by leaving out circumstantial evidence completely.  [22]  Although, it is a high degree, almost approaching certainty but not to the extent of scientific or mathematical certainty, for example.  [23]  It must merely rule out all the reasonable suppositions conceivable, except the one it is trying to prove.  [24]  To generalise, it is important that all the cases that come before the courts, be decided on their own merits and the extent of proof needed be fixed based on the facts and circumstances of each individual case.  [25]  This ensures that each case is given its due importance and not always victim to procedural exactitude, which though is essential to ensure justice may not always achieve the same. What is characteristic to the Indian scenario is that the Apex Court has laid down that the conscience of the Court cannot be bound by any rule or provision but the fact that such a conscience is rising is proof of the fact that prudent judgment is at play. This has been likened to explain the standard of reasonable doubt. The doubt which is created in the mind of a reasonable man is to be taken into account while coming to a conclusion and for this doubt to be important enough, it must be proportional in nature to the offence alleged in the case.  [26]   Where reasonable doubt is the standard of proof in criminal cases, the standard required for civil cases is the balance of probabilities. The standard continues to be the balance of probabilities even in cases which are primarily civil in nature but where a criminal charge may be made out against the party. This is concluded from the definitions of the terms proved and not proved, from the Act. Basically, in civil litigation, the Judge has to decide in favour of that party who is supported by the preponderance of proof. This, again, does not mean the evidence considered be wholly exempt from doubt.  [27]  It has been held by the courts that for civil cases, the parties are required to make their best case before the courts based on which the decision is granted in favour of either of the parties. For criminal cases, the Court must take all the requisite measure to find out all the relevant adduced and ensure that justice is meted out.  [28]   For the purposes of interpreting the Act, it cannot be said that a higher degree of probability will in all likelihood fulfill the criterion of proof under Section 3.  [29]  As such, the standard of beyond reasonable doubt is considered to be stricter than its counterpart for civil cases, the balance of probabilities. In The degree of sureness that is needed before a fact is said to be proved, is explained in Section 3. Basically, as per the Section, the Court will consider the case and the related evidence before it can say whether an alleged fact is in fact true. The fact is said to have been proved if the Court is of the opinion that it exists or its being is so probable that a man of ordinary prudence would function under the presumption of its existence.  [30]  This degree, of a fact being proved based on the available evidence, is higher in case of criminal proceedings. The degree here is that of reasonable doubt which essentially means that the Court is convinced beyon d reasonable doubt of the guilt of the accused.  [31]  The burden to prove this guilt, in most cases, rests on the prosecution who has to convince the rational mind of the same. The basis of decision in civil litigation is a mere preponderance of probability whereas the basis in criminal trials the assurance expected is much greater, although this depends from a case to case basis.  [32]  The nature of the evidence and material put on record.  [33]  For example, for a given situation, the evidence produced maybe sufficient to prove a act for the purposes of civil litigation but the same evidence may not be considered adequate to prove a fact in criminal cases.  [34]  The more blatant and deliberate a criminal act seems to be, the more is the need for it to proved with certainty. This is perhaps to avoid the severe consequences arising from a wrongful conviction. Especially in criminal cases, an impartial moral conviction cannot be the sole basis for sentencing the accused but must be backed by such findings and evidence that prove that no other chain of events except the one endorsing the conviction is reasonably possible.  [35]  Those facts which support the incrimination of the accused should be find to be in contravention of the circumstantial evidence on record. This is important even though circumstantial evidence is not given the status of conclusive proof; it is just as important as it acts as a ground for forming suspicion against the accused and a negation of the same would help the case of the accused, again, if proved beyond reasonable doubt.  [36]  For this, the circumstantial evidence recovered should not be justifiable.  [37]  in fact, there is usually no distinction drawn between circumstantial evidence and any other kind of evidence.  [38]  As established is the standard of proof for criminal trials, the same is construed liberally when the burden of proof of proving an exception is shifted to the accused. In other words, in a criminal case, when the burden rests on the prosecution, a fact being proved would mean a higher standard of proof is necessary while the same (in case of exceptions, for example) is lowered when this burden must be discharged by the accused.  [39]  Even so, the Indian Evidence Act doest not contain in its text any mention of the level of satisfaction to be created in a reasonable mans mind being different in a situation where the accused has to discharge the burden of proof from when the prosecution must do so.  [40]  Even though it speaks of a possible shifting of the burden of proof, the fact that the standard of proof is brought down in case of such a shift is explained through decisions of the Court and not based on any statutory provision. It should also be kept in mind that it is not up to the Court to demand that a certain method of proving a fact should be exclusively used with respect to a case before it unless a specific Act requires this to be done. Similarly, the Court cannot ask for a different standard of proof than what is actually sufficient in a particular case. If asked for, it would be deemed a procedural error or an error in law.  [41]   Conclusion In the course of writing this research paper, the researcher has been able to draw a few inferences. Firstly, even though the standard of beyond reasonable doubt is higher, it is nowhere expected that the evidence be able to prove the fact absolutely. As long as there is no scope for a prudent mind to doubt the occurrence of an event, that version of events is termed valid. Also simply because the standard of balance of probabilities is considered to be lower than the standard used in criminal trials, it cannot be validly concluded that the seriousness of the matter in civil cases is not given due regard. In the opinion of the researcher, however, there is also a nexus between the nature of penalty in the two cases and the standard of proof to be discharged. Secondly, quite often, the Courts have received suggestions to design a third standard of proof, which would be somewhere between the criminal standard and the civil one. Even though it seems that this could be the possible solution to peculiar circumstances, like that of criminal allegations within a civil suit, in the humble opinion of the researcher this would create confusion and absurdity, further burdening the judicial system. That there are still ambiguous areas in the presence of two standards shows that perhaps a third standard is not the best step at present.

Child Abuse and Neglect :: Violence Against Children

Child Abuse   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"Help me!† This is the plea of many children in America. As you read this, one little girl is crying out in pain, one little boy is begging not to be touched anymore. Many children live through everyday being abused sexually, physically, and emotionally. â€Å"More than two million cases of neglect and physical abuse are reported annually. Studies have shown that most parents who abuse their children were once abused as a child† (Funk & Wagnall’s 121). According to the National Committee to Prevent Child Abuse, 185 children died from child abuse in 1996. There are a lot of ways to put an end to this; it just takes some work and time.   Ã‚  Ã‚  Ã‚  Ã‚  First of all there are the children who are emotionally abused. The question is what is emotional abuse? Emotional abuse is when the child is hurt emotionally causing changes in behavior and low self-esteem. â€Å"For example, the parents may use extreme or bizarre forms of punishment, such as confinement of a child in a dark closet, and less severe acts, such as habitual scapegoating, belittling, or rejecting treatment† (NCCANCH). Children who suffer from this type of abuse grow up being called bad things and never really knowing what love is, take 10-year old Carla for example. She was both physically and emotionally abused. She was neglected; the only attention she got was bad attention. Her mother called her worthless and some of her mother’s boyfriends hit her. Childabuse.org was there for her and now Carla is doing much better (Bob Cooper). Emotional abuse, in my opinion, is a terrible type of abuse that a child could go through. Although it ma y not seem too harsh, it causes many social problems for the child. These social problems include, fear of meeting people, shyness, withdrawing from classmates, and an introverted personality.   Ã‚  Ã‚  Ã‚  Ã‚  Secondly, there is physical abuse. Physical abuse is when the child has â€Å"physical injury as a result of punching, beating, kicking, biting, burning, shaking or otherwise harming a child.