Habeas Corpus: The Ultimate Writ of Liberty Essay

In time of war, many quick and unpopular decisions are inevitable. The decisions the President has to make must be in the best interest of the country, and of the world. Although war is unpopular with many people, it is unavoidable in certain circumstances. During wartime, many American people want known enemy combatants to have their rights upheld while being detained. Unfortunately, this is not always feasible. One has to understand that the taking of the liberty of a handful of people to save the lives of thousands, or even millions of people is an unavoidable act. When a citizen of a foreign country, or a citizen of America, who has turned to terrorism, goes to war with America, the rights given to American citizens by the Constitution should be denied. Wartime is never pleasant and it has the potential to causes the destruction of billions of dollars’ worth of property. However, the loss of life is much more devastating than the loss of property. During war, there are law ful enemy combatants captured by the opposing force and held for information or as bargaining tools. These lawful enemy combatants are known are prisoners of war (POW). If the enemy combatant whom is captured is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the Third Geneva Convention, the prisoner is known as an unlawful enemy combatant (EC). In 2001, when President George W. Bush declared war on terrorism, the war was not against a country but against a particular group. Under the rules of the Third Geneva Convention, terrorists captured during the war on terrorism do not fit the criteria to be labeled a POW. Therefore, these combatants are considered unlawful enemy combatants not bound by the protection of the Third Geneva Convention. Since the war on terror started in 2011, there have been a number of lawsuits filed against  the American Government claiming the detainees at Guantanamo Bay were havi ng their rights to Habeas Corpus violated. A Writ of Habeas Corpus instructs a government, police, or anyone who is detaining an individual from his or her liberty, to immediately bring the accused before the court so the legality of the detention may be examined (A brief history of habeas corpus, 2005). However, President Bush declared the detainees as unlawful enemy combatants, thusly denying their right to Habeas Corpus. In the United States Constitution under Article One, Section 9, clause 2, it reads, â€Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it.† (Transcript of Constitution of the United States, 1787). The fundamental right given to detainees by the United States Constitution, also known as Writ of Habeas Corpus, is nothing new to the world. The origins of Habeas Corpus can be dated back to British common law (Schultz, 2011). The Habeas Corpus Act was passed by British Parliament in 1679 and is said to have origins of Anglo-Saxon descent dating back to the middle ages (A brief history of habeas corpus, 2005). According to Sir William Blackstone, the first use of Habeas Corpus can be dated back to 1305. However, there were other Writs with the same influence being used in the twelfth century, which precedes the Magna Carta in 1215 (A brief history of habeas corpus, 2005). Habeas Corpus was first established in the United States by statute in the Judiciary Act of 1789. This lawful Writ applied only to detainees in custody by officials of the Executive Branch of the federal government, and not to those held by state governments. However, Article One, Section 9, clause 2 does not give the right to detainees to exercise their right to the Writ of Habeas Corpus; rather it instructs Congress against suspending a person’s right unless it is in a case of rebellion, invasion, or public safety. Therefore, in America, if a person is being detained and they do not feel the detention is legal, the detainee has the right to file a Writ of Habeas Corpus. There have been only two instances when the President found it necessary to suspend the Habeas Corpus Act in light of civil rights (Robinson, 2011). In the early days of the United States Civil War, President Abraham Lincoln suspended Writs of Habeas Corpus on April 27, 1861. President Lincoln felt it was necessary to suspend Habeas Corpus along the railroad line between Philadelphia and Washington. Eventually, in  the fall of 1862, President Lincoln suspended Habeas Corpus nationwide (Robinson, 2011). In recent history, President George W. Bush suspended Writs of Habeas Corpus for the enemy combatants held at Guantanamo Bay by signing into law the Military Commissions Act of 2006. Both Presidents came under fire for their decisions. However, Lincoln’s was taking the right of Habeas Corpus away from American citizens while Bush took the right away from non-American citizens or citizens who were in rebellion against the United States. One of the biggest arguments is whether enemy combatants have the right to file a Writ of Habeas Corpus in a federal court. Although Habeas Corpus is a fundamental right given to the American people in the Constitution, the terrorist attacks of September 11, 2001 brought new theories to the forefront. The Bush Administration’s choice to detain enemy combatants at Guantanamo Bay without trial tested the latitude and assurance of this constitutional right. The Bush Administration established long ago their view that foreign terrorists are not entitled to American basic rights (Justice and Gitmo; The high court’s decision to weigh habeas corpus for detainees is a step toward restoring trampled freedoms, 2007). The Supreme Court heard the case Boumediene v. Bush and made a ruling on this case on June 12, 2008. Boumediene v. Bush was a Writ of Habeas Corpus filed in a civilian court of the United States on behalf of Lakhdar Boumediene. Boumediene was a naturalized citizen of Bosnia and Herzegovina being held as an enemy combatant by the United States at Guantanamo Bay. When the ruling came down f rom the Supreme Court, it was a five to four with the majority holding the detainees at Guantanamo Bay did have the right to file Writs of Habeas Corpus under the United States Constitution. There were three factors taken into consideration when determining the final decision: the citizenship and status, along with the adequacy of the process that status was determined, the sites where apprehension and detention took place, and the obstacles in resolving the detainees right to the Writ (Boumediene v. Bush, 2008). The Supreme Court ruled the United States, by virtue of its jurisdiction and control over Guantanamo Bay, the country maintains de facto sovereignty over the territory, while Cuba retained ultimate sovereignty over the territory. Therefore, the aliens detained at Guantanamo Bay were enemy combatants and were entitled to the Writ of Habeas Corpus (Boumediene v. Bush, 2008). This ruling reversed the lower court’s decision, which  stated that constitutional rights do not extend to the detainees at Guantanamo Bay. Associate Justice Kennedy wrote the opinion of the court, with Justices Stevens, Souter, Ginsburg, and Breyer joining. Justice Souter also filed a concurring opinion with Justice Ginsburg, and Breyer joining. However, Chief Justice Roberts filed a dissenting opinion with Scalia, Thomas, and Alito joining. Justice Scalia also filed a dissenting opinion with Roberts, Thomas and Alito joining. In Chief Justice Robert’s dissenting, he states the Boumediene v. Bush case should have not even made it to the Supreme Court for a ruling on Habeas Corpus until the lower court first decided if the detainees had a legal right to file in a United States Court (Boumediene v. Bush, 2008). In a time of war, the president is given an overwhelming amount of latitude in making decisions. One enormous decision that has to be made is the taking of liberty from an individual. With the understanding that thousands to millions of lives could be saved by taking the liberty of a handful of people, it is, at times, an unavoidable act. Constitutional rights should become voided when an act of terror is unleashed on United States soil by either a foreign citizen or a citizen of America. Being able to commit a terrorist act and then hide under the protection of the civil liberties of another country is nothing more than an act of a coward. References A brief history of Habeas Corpus. (2005, March 09). Retrieved November 04, 2012, from BBC News: http://news.bbc.co.uk/2/hi/uk_news/magazine/4329839.stm Boumediene v. Bush, No. 06–1195 (Supreme Court of the United States June 12, 2008). Justice and Gitmo; The high court’s decision to weigh Habeas Corpus for detainees is a step toward restoring trampled freedoms. (2007, July 08). Los Angeles Times, p. M.2. Retrieved from http://search.proquest.com/docview/422272051?accountid=32521 on November 05, 2012 Robinson, K. (2011, June 26). Historians won’t convict Lincoln for suspension of Habeas Corpus. McClatchy – Tribune Business News. Retrieved from http://search.proquest.com/docview/873651368?accountid=32521 Schultz, D. (2011, July). Habeas Corpus after 9/11: confronting America’s new global detention system. Choice, 48(11), pp. 2190-2191. Retrieved November 05, 2012 from http://search.proquest.com/docview/877038974?accountid=32521 Transcript of Constitution of the United States. (1787). Retrieved from Our Documents: http://www.ourdocuments.gov/doc.php?doc=9&page=transcript

Superhero, a moral example

What images will come into your mind when you are thinking about Superhero? People usually image superheroes as men that with extraordinary powers. And they are secret identity that would like to protect other people from dangerous but never ask for reward. Superheroes are famous to people since Superman debuted in 1978. Today, millions of dollars has spent on Superhero movie in Hollywood because more and more people become a superhero fan to identify with the heroes, sharing not only their special powers, but also their adventure stories.In the Hollywood movies, a superhero usually is a white man with extraordinary powers and abilities that beyond normal human beings. Superheroes devote themselves to fighting crime or evil without expectation of reward. The superheroes usually consider as the moral code, however, different people hold different attitudes toward superheroes that some people do not agree that superheroes are moral examples. They believe that superheroes are a kind of selfless heroism but they have done so by their self-interest. And superheroes usually break laws in their actions which are against our society.Moreover, a lot of people seem to think that superheroes will use their super power to destroy our world in the future. Thus, superheroes cannot be considered as moral examples. Even though self-interest influences superheroes’ heroism, superheroes are moral examples because their actions are lead to be greater good than evil. People usually doubt about a superhero like superman is a kind of selfless heroism but he has done so by â€Å"acting in his own self-interest† (Waid, 10). Superman acts this because his natural instincts, so we can argue that superheroes do this because their self-interest make them like to do this.Loeb and Morris point out that, some people think about Superheroes and their actives that â€Å"they do it because they like to do it† (13). However, Waid point out that â€Å"in helping others, Supe rman helps himself. In helping himself, he helps others† (10). When helping other people, superheroes are helping themselves. They are using their power to help people and not doing evil thing, as long as they are doing good, their actions are lead to be greater good and nothing evil. The symbol of Superman gives American people a lot of hope.For example, during the Great Depression, America, the most powerful country in the world, was not as strong as before. Therefore, the Americans imaged that the Superman could come and lead them toward a new world. They respected Superman because they believed that Superman could help them regain the confidence and give them good expects for the future life. The symbol of Superman made them feel hopeful in such despair. In addition, during the Vietnam War, many young people such as â€Å"hippie† in the United States rebelled the society by having long hair, using drugs, embracing sexual revolution and so on ( Hippie).This was total ly against the value of the Americans. At that time, people are looking for a man to save these young people, but who could come and save them? The answer is Superman, the alien from other planet with extraordinary power. In the movie, Superman, Clark Kent, is a reporter working for the Daily Planet. However, he is completely different from the American young people at that time. He doesn’t smoke, lie, or cheat. And he is very different from Hippie. Superman has a kind heart; he is helping others who are in need. As a result, Superman sets a moral example for the American young people during the Vietnam War.And Americans believe the image of Superman is the good example for the young Americans, and Superman will stop young people from doing evil things and lead them to a healthy and positive life. Therefore Superheroes are famous to all Americans. It was obvious that Superheroes are such a kind of people that have super powers and abilities that different from normal people. And they are the person helping those people who cannot help themselves from evil, and make the evil end with greater good. Many people insist that superheroes such as batman are not the moral example.Batman breaks some of the laws when he is fighting against criminals which are against our society. It may be true that Batman is a law breaker, but it doesn't mean that Superheroes like batman are not moral examples for us. For example, Batman’s emotions forced him into his role. He felt that it was his duty to avenge his parents by fighting against every evil thing that he meets. He considers Gotham City, which he lives in, as a city with criminals around every corner. Batman takes great pleasure in cleaning up all evil criminal around the whole city.He never worried about whether it is against the law. Because Batman knows that when he breaks some of the laws, he is going to capture the real criminals who are acting against more important laws, and to protect the law-abiding citizens of the city from these real criminals. For Batman, â€Å"laws may be unjust, politicians may be corrupt, and the legal system may actually protect the wicked† (Skoble 32). But none of these will stop him from becoming crime-fighting vigilantes. He insists that â€Å"Evil must be punished† (Skoble 37). Therefore he will keep on cleaning up the evil in his city.It is natural to believe that Batman is a â€Å"dangerous† and â€Å"fascist reactionary† (Skoble 31), but we shouldn't ignore that he has always been â€Å"cautious† and â€Å"measured† (Skoble 33) when using his extraordinary powers. Moreover, Batman has consistently using his extraordinary powers when he is fighting against criminals only. Although the nature of Batman’s violence makes him break some of the laws, there is no evidence to suggest that it is wrong for Batman to fight crime and keep innocent people safe by using his extraordinary powers.In addition, Super heroes’ actions force us to rethink our roles in this world. The terrorism continues in our world, and there are crimes happen all over the world every day. We all need justice and peace, but most of us do not want to take our responsibility to protect our world, we just looking for ways to feel better about ourselves. By contract, Superheroes are fighting a never ending battle for truth, for justice, for peace. They keep playing their roles as everyone’s protector; they devote their lives to fighting crimes.Sometimes, we may think about the law and morality when we value what superheroes have do for us. We may find out that, superheroes may do something against law and consider not morality. However, superheroes keep playing their roles as everyone’s protector; they devote their lives to fighting crime that inspired many people to become masked â€Å"crime-fighters† (Skoble 34). It was obvious that superheroes force us to rethink our views about law and social order, and ask us to use them as a mirror to see ourselves more clearly that lead us to take our responsibility to protect our world.

Detrimental Effects of the Vietnam War - 2579 Words

The Vietnam War was, and continues to be, one of Americas darkest moments, one that nearly tore the nation apart. In order to stop the spread of communism in Europe and Asia, the United States aided French imperialists and their reoccupation of Vietnam. At first, the U.S took a position of neutrality to both countries, but by early 1947, they began fighting in support of France. This war, lasting over 20 years, became the longest and most unpopular war in the 20th century. Overall, the Vietnam War was detrimental to the United States because it caused a massive debt from the 1960s to the 1990s, turned the American people against their government, and many troops were neglected and despised upon their return. According to Dictionary.com,†¦show more content†¦They speculated that if one land in a region came under the influence of Communism, the surrounding countries would follow in a domino-like effect. (Small) So basically, once one country turns to Communism, all the surrounding countries will follow until it has taken over completely. This theory was used by U.S administrators during the Cold War to clarify and justify the need for American intervention around the world. The idea had been in existence for quite some time, but it was only clear what it really was when President Dwight D. Eisenhower put it into words in 1954, when referring to communism. In order for Vietnam to be free of a Communist government, the United States decided to ally with France so the Vietminh could not gain more power. Since the Americans were fresh out of fighting the Korean and Chinese Civil War, they believed Communism could be spreading everywhere. Beginning in 1950, the United States initially pledged $15 million dollars in aid of the French. This was the start of an American debt that would damage the U.S economy for almost 30 years. The President of this time, Lyndon B. Johnson, played down the United States role in Vietnam for two reasons. He believed that if Americans felt that this war had to be fought in order to protect their country from Communism, the public would demand a full-scale, no-holds-barred war that could have led to Chinese and RussianShow MoreRelatedThe Vietnam War And The Cold War1494 Words   |  6 Pages When examining the Vietnam War you must first understand the involvement of the events surrounding the Cold War. The ‘Vietnam War’ as it is known is a product of the cold war era, by this I mean that events in the Cold War led to the US’s involvement and creation of issues causing the conflict. â€Å"The Vietnam War was a long, costly armed conflict that pitted the communist regime of North Vietnam and its southern allies, known as the Viet Cong, against South Vietnam and its principal ally, the UnitedRead MoreEssay On Agent Orange1623 Words   |  7 Pagesduring the Vietnam War. 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The public was able to see what happened on the battlefieldRead MoreAgent Ora nge, Ddt, And Benzene809 Words   |  4 Pagesintroduced during the Vietnam war as a defoliant for the thick Vietnamese jungle. Although Agent Orange contained a variety of herbicides, most of the pesticide contained Phenoxyacetic acid – based herbicide 2,4-D and 2,4, 5-T. The most common mixture of the Agent Orange used during the war was a mixture consisted of equal parts of 2,4-D and 2,4-T; furthermore, between 1962 to 1971 about 19 million gallons of the defoliants were sprayed over 3.6 million acres in Vietnam and Laos. Unfortunately

Evaluation Of Exploratory Factor Analysis Essay - 1240 Words

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Eigenvalues larger than one and scree plots were analyzed to assist in determining the number of factors for each construct. Additionally, the strength of factor loadings as well as face validity were analyzed to further assist in determining the items to be included for each exogenous and endogenous variables. The coefficient reliability analysis revealed that all the scales consisting of more than two items exceeded the recommended Cronbach‟s alpha benchmark of 0.70 (Nunnally, 1978). 4.4 Exploratory Factor Analysis ofShow MoreRelatedResearch Proposal1193 Words   |  5 PagesResearch Proposal 1. Proposed working title Global Marketing versus Domestic Marketing- a critical Evaluation. 2. Research Background/ Context This research is focused to understand how a Global company is able to adapt to different marketing situation that is existing in different countries. 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Psychology, Theology And Spirituality - 1267 Words

A 4-MAT Review: Psychology, Theology and Spirituality in the Christian Counseling Introduction Mark McMinn is a trained psychologist who is known for his book that was written in 1996 called Psychology, Theology and Spirituality in Christian Counseling. McMinn had advocated for the Christians who are counselors for many years. McMinn is very experienced in the work and in his field of study. One of the biggest things that McMinn stresses is the importance of establishing and maintaining a good trustworthy relationship with the client and showing ways of how to confront the client as a therapeutic approach.. The major purpose for this is to create and achieve a lasting change to the client so that the counseling process can be effective (McMinn, 1996). Summary In effect, Mark McMinn has utilized theology, spirituality and psychology to help individuals in enhancing diverse concepts of their lives. Notably, the author articulates clearly that the counselor should be strong particularly in their personal spirituality. Hence, this is important because it is the only way to assist their clients appropriately in the counseling process. The author also expounds on various precautions, which counselors must take, as well as the limitations. Subsequently, it can be challenging to incorporate the counselor’s spirituality especially in their counseling sessions since many of them are not confident since they lack adequate knowledge about the Bible. Thus, this will result toShow MoreRelatedPsychology, Theology, And Spirituality Essay1665 Words   |  7 Pages Mark R. McMinn’s (2011) Psychology, Theology, and Spirituality in Christian Counseling establish a way to bring Psychology, Theology, and Spirituality to Christian Counselors. He introduces a replica of how to integrate the three disciplines in the counseling office. 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McMinn is a very insightful reading for Christian counselors. This book was originally written in 1996, but the revised in 2011 with the help of Dr. McMinn s students. McMinn begins his wonderful reading by introducing the readers to religion in the counseling office. He starts this section a potential client scenario. This client is looking for a suitable counselor who is spiritually sensitive. Different counselorsRead MorePsychology, Theology, And Spirituality1843 Words   |  8 Pages Psychology, Theology, and Spirituality Summary McMinn unveils the realism of what essentially happens in the counseling office. He dives into the fitting together â€Å"Psychology, Theology, and Spirituality in Christian Counseling†. McMinn explains how â€Å"those who enter therapy in the midst of their pain experience a restorative counseling relationship that brings acceptance hope, and meaning into their broken lives† (McMinn, 2011, p. 20). There are various questions surrounding Christian counselingRead MorePsychology, Theology, And Spirituality1411 Words   |  6 PagesPsychology, Theology, and Spirituality in Counseling by Mark R. McMinn is a book that discusses two different characteristics of the Christian Counseling field: in counseling sessions and life beyond the counseling sessions for example, the counselor’s job and the counselor’s life. Dr. McMinn starts his book with a brief section written with James Wilhoit that discusses religion in the counseling office. This first section talks about the importance of making good use of the Christian faith in counselingRead MorePsychology, Theology, And Spirituality891 Words   |  4 PagesReview of McMinn Summary In the book Psychology, theology, and spirituality in Christian counseling by Mark McMinn (2011), he explores the simultaneous integration of psychology, theology, and spirituality in the counseling relationship. McMinn (2011), stresses the importance of this skill throughout the text and offers insightful and effective ways to manage this. In order to further breakdown this information, McMinn (2011) discusses and evaluates six religious intervention strategies: prayerRead MorePsychology, Theology, And Spirituality1658 Words   |  7 PagesSummary In the book, Psychology, Theology, and Spirituality in Christian Counseling, McMinn expands upon the theory of integrating psychology and theology by providing the reader with concrete methods to utilize in counseling. His approach to integration is filled with helpful guidance for any counselor striving to strike the appropriate balance in their sessions. McMinn divulges into how and when to use scripture, prayer, confession and redemption. He advocates for utilizing these methods on aRead MorePsychology, Theology, And Spirituality1413 Words   |  6 PagesThe book â€Å"Psychology, Theology, and Spirituality in Christianity Counseling† by Mark R. McMinn (2011) is an informative read that delves into the issues of practically integrating concepts of psychological counseling in the Christian context. Some of the questions that McMinn (2011) aspires to address in the book include whether it is appropriate to pray with clients, the role of confession during the therapy process , whether counselors should use scripture memory during the interventions as wellRead MorePsychology, Theology, and Spirituality in Christian Counseling by Mark McMinn1464 Words   |  6 Pages4 MAT Review McMinn Lynetric Rivers Liberty University Abstract In the book, â€Å"Psychology, Theology, and Spirituality in Christian Counseling†, author Mark McMinn gives the reader information on how these three entities can work together in Christian counseling. McMinn offers several ways in which this can be done including the use of prayer, Scripture, confession, forgiveness, the effects of sin, and redemption in counseling sessions. Through narration of counseling vignettes displaying differentRead MoreA Review Of Mcminn s Text : Psychology, Theology, And Spirituality1195 Words   |  5 PagesA Review of McMinn’s Text: Psychology, Theology, and Spirituality in Christian Counseling Summary McMinn tells how psychology, theology, and spirituality are used and how they should be used in Christian counseling. A Christian counselor has to look at not necessarily psychology and theology in a counseling session but how religion and spiritually is brought into the session. McMinn (2011) states, â€Å"Religious interventions require us to understand spiritual formation, place priority on personal spiritual

Success in Life Is a Result from Carefull Planning free essay sample

Success in life is a result from careful planning. Some people think that success in life can be achieved from many ways. Some people believe that success comes from taking risks and chances and others believe that success is the result of careful planning. I believe that success comes from careful planning because people can predict problems, which allows them to prepare, and goals can be made more clearly defined. One reason is that careful planning is a better method of achieving success because through this method, people can foresee some of the difficulties that they may run up against during the course of their work, and minimize the risk of failure. By being able to predict these problems, they will be better prepared to deal with them. For example, if I am planning to expand my own business, it is beneficial for me to sit down and consider what kinds of problems I may face and how to solve these problems ahead. We will write a custom essay sample on Success in Life Is a Result from Carefull Planning or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page By carefully planning the new plan, it is more likely to be a successful experience. Therefore, when people make a detailed map for success, they can minimize the risk of failure and have more control of their future. Another reason why careful planning is the result of the success is because for planning targeted clear goals are set, which can be used as road map for success. For example someone wanting to complete master degree while working they will plan way in advance when and what classes to take so they can successfully complete the degree program. A lot of people have dreams of success in their lives, but they go about trying to reach their dreams by taking risk or change by situations comes, and they do not know which direction they are going. After some time they lose hope, which causes them to lose motivation towards reaching their goals. However, if people have a clear idea of what to do in order to reach their goals, they will be better motivated because they will expect setbacks and difficulties, but know that they can still achieve success. Without sufficient motivation, goals are reached more slowly, if at all. In conclusion, I believe that careful planning is a better way to go because through careful planning can make allowances for problems before they come up, and they can establish a clear road to success.

The effects of mainstreaming o Essay Example For Students

The effects of mainstreaming o Essay AbstractA wide range of research has been done on the effects of mainstreaming on learning disabled children. Although many studies have shown improvements and positive effects, none had addressed the best time to implement mainstreaming programs. In this study, students, who had been diagnosed as moderately learning disabled, were selected to represent their respective grade level. Group 1 consisted of 15 students in kindergarten through 2nd grade, and Group 2 consisted of 15 students in grades 3rd through 5th. Both groups were given the Woodcock-Johnson Tests of Achievement-Revised at the beginning of the semester before inclusion was implemented, and another at the end of the semester. Group 1 had shown a more significant difference in improvement than Group 2. This study shows that there are definitely positive effects of mainstreaming, but also hopes that these current findings will direct future research to detect learning disabilities as early as possible. We will write a custom essay on The effects of mainstreaming o specifically for you for only $16.38 $13.9/page Order now Effects of Mainstreaming onModerate Learning Disabled Children in Early versus Late Elementary Grade LevelsFor many years now, there has been an increase of interest for the welfare of learning disabled children and their place in the normal classroom setting. The attempt to reintegrate special education students with learning disabilities has been a popular subject among the special education and research community (Shinn, Powell-Smith, Good, Baker, 1997). The strive to create inclusion programs, however, has not just been a recent issue among these professionals. The movement began in 1975 when the Education of the Handicapped Act (now called The Individuals with Disabilities Education Act) was created to develop programs across the United States. It’s basic requirements were: (a) to make sure that all handicapped children (in private and public schools) were educated with non handicapped children as much as possible, and (b) that if handicapped children must be removed fro m the regular education environment, it must only be done if the special education children cannot achieve satisfactorily in the normal classroom with the help of special aides and services that can be provided (Aerfsky, 1995; Brown, 1997). Because of this movement, a growing number of students with moderate learning disabilities are being educated and overcoming their learning disability in general education classrooms (Logan Malone, 1998). The term mainstreaming has been used to describe the transition of special-needs-children into the regular classroom (Brown, 1997). When these children are brought into the normal classroom, the strategy that many schools take on is usually called a collaborative teaching approach. This is where special and regular education teachers team up together to collaborate ideas and instruct students with disabilities in general education classrooms (Martson, 1996). Studies have shown that not only do the learning disabled students gain the potential to reach a higher academic standing when mainstreamed (Logan Malone, 1998), but they also are able to develop positive self images and improve social development when included in the classrooms of normal children (Klinger, Vaughn, Schumm, Cohen, Forgan, 1998; Martson, 1996; Shinn et al., 1997). The increase in ability for learning disabled students to recognize and identify words is one of the examples of an academic gain when included in the normal classes (McCormick Becker, 1996). When learning disabled students are incorporated in the normal classroom, self-esteem and feelings of self-worth are believed to develop more because these students are less likely to be identified as slow by their peers or to feel stigmatized (Klinger et al., 1998). By being in the normal classroom, these students are also able to have more time to develop and keep friendships that are created with the normal class children (Klinger et al., 1998). Also, advocates of inclusive classroom settings have strongly agreed with the merits of placing the students in mainstream classes, especially those related to the social benefits that increase for students with the learning disabilities (Scanlon, Deshler, Schumaker, 1996). All previous research that has been discussed has shown positive results when mainstreaming is brought into the school system. Particular research has been conducted across a variety of grade levelskindergarten through fourth grade (Salisbury, Wilson, Swartz, Palombaro, Wassel, 1997), and grades second through sixth (Shinn et al., 1997). However, research has yet to be done to show if mainstreaming is more effective when started early on (grades kindergarten through second), or in the later elementary grades (third through fifth). As said before, it has been proven that mostly all mainstreaming attempts have been effective, but the question is if it would be more effective in early or later grade levels. The primary goal of this study conducted was to identify at which time is the best time to mainstream learning disabled children. Just as it was hypothesized, the correlation was that the earlier that mainstreaming is implemented, the more the child will be able to achieve academic improvement. Through this study, it is anticipated that mainstreaming will be able to benefit and reach out to even more learning disabled children than its existing positive outcomes.MethodParticipantsThis study consisted of 30 students who were diagnosed with moderate learning disabilities by the Jefferson Parish School Board. The School Board diagnosed these children by using their standard diagnostic test that detects any form and the level of a learning disability. The students were then randomly chosen by the principal of the school. The parents were then given and asked to sign an informed consent to allow their children to participate in this beneficial study. All of the participants were from the same school, which is a public elementary school that contains kindergarten through fifth grade. This school is located in a middle-class neighborhood and has already established and implemented a mainstreaming program for its learning disabled students. These 30 students were chos en to be compared and studied on the difference in their academic performance at the beginning of the semester (when inclusion was first implemented) and again at the end of the semester. Of these 30, 15 were picked to represent the first group which contained grades kindergarten (n=5), first (n=5), and second (n=5). The latter of the chosen sample will represent Group two which includes grades third (n=5), fourth (n=5), and fifth (n=5). Male students and female students were dispersed as equal as possible among the two groups15 males and 15 females. Of these 30 students, however, there were only 10 African-Americans and 20 were Caucasian students. The ages of the children range from 5-year-olds to 11-year-olds. The students chosen to participate were treated in accordance with the Ethical Principles of Psychologists and Code of Conduct (American Psychological Association, 1992). .ud8592431e43a2e2ca29981fb3b17b5af , .ud8592431e43a2e2ca29981fb3b17b5af .postImageUrl , .ud8592431e43a2e2ca29981fb3b17b5af .centered-text-area { min-height: 80px; position: relative; } .ud8592431e43a2e2ca29981fb3b17b5af , .ud8592431e43a2e2ca29981fb3b17b5af:hover , .ud8592431e43a2e2ca29981fb3b17b5af:visited , .ud8592431e43a2e2ca29981fb3b17b5af:active { border:0!important; } .ud8592431e43a2e2ca29981fb3b17b5af .clearfix:after { content: ""; display: table; clear: both; } .ud8592431e43a2e2ca29981fb3b17b5af { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud8592431e43a2e2ca29981fb3b17b5af:active , .ud8592431e43a2e2ca29981fb3b17b5af:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud8592431e43a2e2ca29981fb3b17b5af .centered-text-area { width: 100%; position: relative ; } .ud8592431e43a2e2ca29981fb3b17b5af .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud8592431e43a2e2ca29981fb3b17b5af .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud8592431e43a2e2ca29981fb3b17b5af .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud8592431e43a2e2ca29981fb3b17b5af:hover .ctaButton { background-color: #34495E!important; } .ud8592431e43a2e2ca29981fb3b17b5af .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud8592431e43a2e2ca29981fb3b17b5af .ud8592431e43a2e2ca29981fb3b17b5af-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud8592431e43a2e2ca29981fb3b17b5af:after { content: ""; display: block; clear: both; } READ: Censorship Of Art EssayMaterialsAfter the children had been diagnosed by the school board as learning disabled, the children were then given the Woodcock-Johnson Tests of Achievement-Revised to measure the students initial standing at the beginning of the semester. Because the School Board has different forms of each test for each grade level, a different form of the test was used at the end of the semester to detect for any difference in the scores. These achievement tests are standard Jefferson Parish School Board tests that are used by the schools to see how well the learning disabled students are performing in school, but are usually only given once a year in May. Thes e tests consist of 200 questions and are given over a two-day period. The tests cover five subjects and contain 40 questions for each different subject. The five subjects that are used to test achievement are as follows: reading comprehension, English and grammar skills, math, science, and social studies. The tests are scored on a 200-point scale with each question being worth one point each. If a student scores a 100 or below on these achievement tests, the child is considered as having a learning disability.Design and ProcedureThe 30 students were then tested at the beginning of the semester before the inclusion treatment was implemented. Each student’s score was then configured and recorded. The learning disabled students were then placed in a general education classroom where the collaborative approach was exercised. There were two different teachers that were placed in each of the classrooms. One was a general education teacher who did most of the instruction; the other was a special education teacher who was there mostly for assistance for the learning disabled students if needed. At the end of the semester, the students were then again tested by a different, but similar in difficulty, achievement test. The tests were then again scored individually and then recorded. The scores were then placed in the corresponding groups. Kindergarten, first, and second grade scores were placed in Group one, and third, fourth, and fifth grade scores were placed in Group two. ResultsA statistical t-test was performed on the students’ difference in test scores to test the effect that inclusion had on the children’s improvement in a mainstreamed classroom.The difference of the scores (final score minus initial score) was then configured and used to compare between the two independent groups. The mean difference score from Group one was 8.73; the mean difference score from Group two was 5.2. These results were then tested and indicated a strong statisti cal significant difference between Group one and Group two. When df=28 and the alpha level is set at 0.01, a one-directional t-test was used to test the null and alternative hypotheses. The obtained t-value from the t-chart was 2.467, and the calculated t-value was 5.903. The null hypothesis was then rejected, and the alternative hypothesis was accepted. No other results were statistically significant. INSERT TABLES 1 2 HEREDiscussionThe results of the present study provide strong support that mainstreaming is more effective for learning disabled children when it is implemented in early elementary years (kindergarten through second grades) versus later elementary years (third through fifth grade). The students’ differences in scores from Group one proved that mainstreaming is more beneficial when brought into the school system as early as possiblethe idea here is the earlier the better. The students in Group one showed a much more increase in achievement than the students from Group two. It should also be noted that all students improved in achievement scores, but the difference in achievement was greater for those in Group one. Through the collaborative teaching method, mainstreaming children with moderate learning disabilities is a positive form of reaching out to children who are suffering with disabilities. This study will hopefully show to other schools that not only m ainstreaming a huge part of helping students deal with their learning disabilities, but it is extremely important for mainstreaming to be exercised in an early classroom environment. This study is a major contribution to the field of education and psychology, because it should lead to the realization that early detection of learning disabilities is crucial. It is to be hoped that more and more teachers and parents will be more concerned and aware of early detection of learning disabilities in their children. I would hope that future research would attempt to find better and more efficient ways to detect learning disabilities in even earlier ages of children than this study used. ReferencesAerfsky, F. (1995). Inclusion Confusion: A guide to educating students with exceptional needs. Thousand Oaks, CA: Corwin press. .u50c0f341102a7759f95e9fd9963bfd8a , .u50c0f341102a7759f95e9fd9963bfd8a .postImageUrl , .u50c0f341102a7759f95e9fd9963bfd8a .centered-text-area { min-height: 80px; position: relative; } .u50c0f341102a7759f95e9fd9963bfd8a , .u50c0f341102a7759f95e9fd9963bfd8a:hover , .u50c0f341102a7759f95e9fd9963bfd8a:visited , .u50c0f341102a7759f95e9fd9963bfd8a:active { border:0!important; } .u50c0f341102a7759f95e9fd9963bfd8a .clearfix:after { content: ""; display: table; clear: both; } .u50c0f341102a7759f95e9fd9963bfd8a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u50c0f341102a7759f95e9fd9963bfd8a:active , .u50c0f341102a7759f95e9fd9963bfd8a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u50c0f341102a7759f95e9fd9963bfd8a .centered-text-area { width: 100%; position: relative ; } .u50c0f341102a7759f95e9fd9963bfd8a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u50c0f341102a7759f95e9fd9963bfd8a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u50c0f341102a7759f95e9fd9963bfd8a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u50c0f341102a7759f95e9fd9963bfd8a:hover .ctaButton { background-color: #34495E!important; } .u50c0f341102a7759f95e9fd9963bfd8a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u50c0f341102a7759f95e9fd9963bfd8a .u50c0f341102a7759f95e9fd9963bfd8a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u50c0f341102a7759f95e9fd9963bfd8a:after { content: ""; display: block; clear: both; } READ: Evaluation Of The Relevance Reliability Comparability And Understandability Accounting EssayAmerican Psychological Association. (1994). Publication Manual of the American Psychological Association. 4th ed. Washington, D.C. Brown, D. L. (1997). Full inclusion: Issues and challenges. Journal of Instructional Psychology, 24 (1), 24-28. Klinger, J. K., Vaughn, S., Schumm, J. S., Cohen, P., Forgan, J. W. (1998). Inclusion or pull-out: Which do students prefer? Journal of Learning Disabilities, 31 (2), 148-158. Logan, K. R., Malone, D. M. (1998). Instructional contexts for students with moderate, severe, and profound intellectual disabilities in general education elementary classrooms. Education and Training in Mental Retardation and Developmental Disabilities, 33 (1), 62-75. Martson, D. (1996). A comparison of inclusion only, pull-out only, and combined service models for students with mild disabilities. The Journal of Special Education, 30 (2), 121-132. McCorimick, S., Becker, E. Z. (1996). Word recognition and word identification: A review of research on effective instructional practices with learning disabled students. Reading Research and Instruction, 36 (1), 5-17. Salisbury, C. L., Wilson, L. L., Swartz, T. J., Palombaro, M. M., Wassel, J. (1997). Using action research to solve instructional challenges in inclusive elementary school settings. Education and Treatment of Children, 20 (1), 21-39. Scanlon, D., Deshler, D. D., Schumaker, J. B. (1996). Can a strategy be taught and learned in secondary inclusive classrooms? Learning Disabilities Research Practice, 11 (1), 41-57. Shinn, M. R., Powell-Smith, K. A., Good, R. H., Baker, S. (1997). The effects of reintegration into general education reading instructions for students with mild disabilities. Exceptional Children, 64 (1), 59-79.