Govt Essential for Social Order: Its Role in Keeping Communities Civilised - Essay Sample

Introduction

The government is an essential unit of the community by all means. Without the existence of a government, the society would no doubt be quickly thrust into chaos and anarchy arising from the disorganization of the communities as well as individuals living in it. A government is defined as the political direction as well as the control thereof that is exercised over the actions of members of the society and which brings about the civilization of the communities within. By nature, governance has to be applied through some means of exerting control over the people. As such, laws are put in place to guide the ways of life and the procedures for governing. Governance styles, however, differ from state to state depending on the cultures and the values of the communities being governed. The study analyzed the different models of governmental systems, looking at the constitutional modes of limiting power as well as a judicial review of the various branches of government.

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Governmental systems exist in different models including the limited government, the rule of law, arbitrariness as well as the separation of powers and branches of government. A limited government refers to one whereby the powers exercised by those in authority are limited by different means, and In case the employer is unable to facilitate the relocation of the staff and equipment to a new location on time before the contractor takes over possession, the two parties could also agree to include the works in the main contract, passing over these duties to the contractor. This step would be accomplished by adopting the guidelines of SBC clause 2.7.1. In this manner, the employer would include these arrangements in the contract documents, giving the contractor the mandate for executing the relocation as well as project execution in the agreed phases. This arrangement would be more beneficial to the employer as compared to the former, as it would shift give them adequate time to identify alternative spaces for the staff and students as well without the risk of liability for delays on the project. However, excessive delays in the process would be potentially detrimental as it could enable the contractor to seek claims, hence the need to tread carefully when choosing between the available options.

According to the JCT (2016) contract guidelines clause 2.6, the employer could take over possession of part of the building before the completion date as outlined in the main contract, and before the issuance of the Practical Completion Certificate by the project manager. Thus the formulation of the agreement could include the provision of clause 2.6.1, to grant the university early access and occupation of sections of the new building. At the same time, the contractor works on the completion of the other parts. However, this arrangement would have to involve the insurer of the project due to the numerous risks involved in occupying a section of the building while the rest is undergoing completion. Hazards include the collapse of the structure or accidents comprising the occupants of the premises as well as delays on the contractor's part. Such an occurrence would be detrimental to both parties as the damages would have to be footed for by either party. Thus a framework for taking up responsibility would have to be formulated. It is also worth noting that the contractor would have to give consent for the early occupation given the provision giving them full possession of the site until the practical completion of the structure(Cooke & Williams, 2013). As such, the contractor would have to assess and consider the circumstances surrounding such an arrangement to cater to the insurance policy terms taken on commencement of the works.

With the adoption of clause 2.6, as explained above, the employer would, on his part, be exposing themselves to various risks regarding the liquidated damages in case of delays on the contractor's part. Project delays usually carry penalties as a recoup for liquidated damages occasioned thus. In this case, if the parties agree to adopt the partial possession clause in formulating the main contract agreement, the liquidated damages figure would have adjusted to account for the part of the building that the employer wishes to install fit-outs, as it would no longer be under the control of the contractor at this point. Thus the adoption of the JSC (2016) contract would be the most suitable as it provides guidelines for dealing with such a scenario. However, an agreement would have to be reached with the contractor during the contract formulation to cater for liquidated damages apportioning the section of the building that the employer wishes to take early possession of, and a figure of adjustment made for the damages that may be caused by the delay in completion of the portion still under the contractor's control. This, in effect, would ensure that the University can implement the liquidated damages clause, and claims made for the remainder of the premises in case of delays.

Historically, incarceration has had an aim of correcting behaviors of offenders and to make prisoners better people for the ones serving minor crime sentences. This enables the criminal justice system to isolate people charged with capital offenses from the general public. But the incarceration of young offenders has brought up social concerns and this is because some of these minors have been sent back to prisons as offenders for the second, or up to the fourth time. In this matter, people are asking questions if the incarceration process is able to achieve its main objectives. The safety of the public has really declined regardless of very high levels of the incarceration of the offenders. As a result, alternatives to incarceration have been adopted and have been seen as a good option that helps to address recidivism and discourage crime. Through the alternatives, the offender is able to tackle the situation outside prison through the assistance of people in the society (lac.org, 2014).

Basically, a person is incarcerated with a cost of up to $25,000. Because of the many offenders in the United States, the department of Justice may have spent more than $50 billion annually running the correction facilities as of 2015 (Justice Police Institute, 2009). Therefore, the other alternatives like home monitoring may cost $5,000 or less annually, while the community service have a function of offering service to the community. The alternatives to incarceration have come up with a purpose of building safer and better, and societies that are more cohesive unlike the expansion of prisons.

Home confinement is a program that is designed for the restriction of some activities to the offenders in the community. With this alternative, offenders stay at home, go to school, work, and do any other responsibilities that are necessary. However, the offenders are monitored closely for surety that they are complying with the set court conditions. The offenders have to maintain a very strict schedule, and leave their residences for basic activities only, and for varying time lengths. The electronic tracking program in Florida is an example. The offender puts on a blacelet that is tamper-resistant and carries a device for tracking.

Day treatment is a community-based and non-residential alternative whereby there is intensive offender supervision. It can either be used as pre- or post-adjudication. The offenders have to report to treatment facilities daily and at specific times but they are released to go home at night. AMIkids Community-Based Treatment services is an example and it provides different community based and experimental interventions of treatment.

Group homes are long-term community based alternative facilities whereby juveniles have a considerable contact with other people in the community. They can go to school, have jobs, or even do both. The Methodist Home for Children's Value-Based Therapeutic Environment (VBTE) Model is an example and it focuses on educating the juveniles on pro-social behaviors as options to the anti-social behaviors.

The alternatives to incarceration have several benefits and this has made people in the society to prefer them more. The work release programs allow the young people to do jobs during the day and go back to prison during hours that they are not working. It provides a chance of the inmate making savings as they await release from prison.

The house arrest alternative provides some advantages to incarceration. The taxpayers are able to pay less as compared to when an inmate is housed in prison or jail. Actually, incarcerating a drug offender is over 5 times expensive than putting them in a treatment program. The programs also bring families together, and this enables offenders to continue fending their families as they repay their societal debt.

The juvenile offenders are also able to learn essential lessons as they gain very invaluable skills. Minors caught on their first crimes have a chance of rehabilitation.

References

Dan, B. (2020). JCT vs NEC: Which is best for your project? | C-Link. C-link.com. Retrieved 17 February 2020, from https://c-link.com/blog/jct-vs-nec/.

Eggleston, B. (2019). The NEC4 Engineering and Construction Contract: A Commentary. John Wiley & Sons.Ndekugri, I., & Rycroft, M. (2012). The JCT 05 Standard Building Contract. Routledge.