Lesson 7 Discussion The 4th Amendment has very specific application to automobiles.

The 4th Amendment has very specific application to automobiles.  Discuss a driver’s 4th Amendment rights when traveling in a vehicle.

When are police permitted to search the trunk of an automobile?  How is a search of a trunk different from a search of the passenger compartment?

 

You are required to post an initial discussion post, answering the entire discussion question or questions, in at least 200 words, no later than 11:59 p.m. Friday of the discussion week. Students must respond to the discussion posts of at least two of their classmates, no later than 11:59 p.m. Sunday of the discussion week. Responses should be at least 100 words.

All initial posts should reference the textbook, Criminal Law & Procedure, and, at least one outside source. All sources must be cited using APA guidelines. Posts received after 11:59 p.m. Sunday of the discussion week, will not be accepted.

Characteristics of Abusers

Characteristics of Abusers

 Perpetrators of domestic and family violence vary in age and from any ethnicity, religion, socio-economic, and demographic backgrounds. They can live in any geographic region or occupy any profession. While abusers can be of any gender, a majority of them are males (Chung & Bagshaw, 2000). To respond to domestic and family violence properly, it is essential to understand the tactics that perpetrators use to hurt and coerce their victims and those they use to control their victims. Domestic violence perpetrators are in control of such behaviors and are ultimately the ones who are able to change the situation. Abusers are good at hiding the violence and present themselves publicly as loving, kind, likable and charming, but in private they are violent, cruel manipulative and undermining.

Intent and Choice

Domestic violence perpetrators make decisions and are responsible for the use of violence. This can be shown by the fact that they almost never use violence indiscriminately (Fact Sheet 3, 2013). Most abusers are not violent in their workplace, communities or social networks; they are selective about when, where and how they use violence. For example:

  • An abuser threatens to use future violence if the victim does not do what he wants.
  • An abuser may immediately change his behavior from being violent to being pleasant when he was in the middle of an abusive episode, and the phone rings or someone comes into the house.
  • An abuser chooses where and when he will be abusive, for instance, they may wait to humiliate their victim in front of family or friends or may wait and attack their victim privately at home.
  • An abuser makes careful decisions about the amount, type and where to carry out abuse, for instance causing injury to their victims in areas that are covered by clothes.

Understanding that abusers use planned, and deliberate force is vital when trying to engage and hold them accountable.

Perpetrators as Fathers

Fathers who perpetrate domestic violence are associated with particular characteristics. It is likely that they will use physical discipline and controlling behaviors to display anger to their children. They have a poor developmental understanding of appropriate behaviors children have at different stages and ages, and unrealistic expectations. The sense of entitlement underpins most of these parenting techniques. To these men, the role of a father is central to their identity and is a significant motivator for change. It is however important not to idealize fatherhood to men who are violence perpetrators. In most cases, these men have entitlement thinking in their attitudes, and most often than not, they see their child as their possession or investment, or as a person who should love them unconditionally (Fact Sheet 3, 2013).

It is not common for abusers who use violence to realize that violence towards their partner is also an abuse to their child. As a result, they are unable to understand or see its impact on the child. An abuser might be able to express love to his child; it should, however, be noted that this should not be mistaken for empathy for their child’s experiences and needs. The men who perpetrate violence prioritize their needs when relating to their partners; they relate to their children the same way (Fact Sheet 3, 2013). When children fail to comply with their expectations they can feel justified to use violence against them or to neglect basic care.

Even after separation disregard for the needs of a child continues. The abusers often privilege their right to contact with the child over the trauma that this might cause the child. To this extent, like the many others, abusers put their wants and needs above that of the child.

Role of Substance Abuser to Domestic Violence

In sample researches, it was found that marital violence was eight times more likely to occur when the abuser had used alcohol than on days without alcohol (Fals-Stewart et al., 2003). Other drugs also have a link to partner violence. A study which observed 151 court-referred batters, found out that 53 percent had used marijuana and 24 percent had used cocaine in the past year.

Abuse of alcohol was shown to be the main cause of the presence and severity of domestic violence. Other multiple ills were associated with alcoholism such as sexual dysfunction, inadequate parenting, aggression, and general domestic discord. Men who have alcohol problems tend to have a higher rate of violence towards their wives. They inflict more injurious and frequent assaults, other than the men who do not use alcohol.

Families where there is substance abuse and where the woman is abused often share characteristics: frequent states of crisis, abuser forgetting details of the episode, intergenerational transmission, retarded emotional development, non-abusive partner isolation, and loss of control used as a mechanism for coping, and low self-esteem among the members of the family (Teacher Law, 2013). Alcoholic women receive a greater level of verbal and physical abuse than women who do not drink alcohol. Women who abuse drugs or use alcohol increase their chances of being battered. It also increases the chances of their male pattern daring when he batters her. As a result, the chances of physical injury increases.

 

References

Fals-Stewart, W., Kashdan, T. B., O’Farrell, T. J., & Birchler, G. R. (2003). Behavioral couples therapy for drug-abusing patients: effects on partner violence. Journal of substance abuse treatment, 22(2), 87-96.

Bagshaw, D., & Chung, D. (2000). Women, men and domestic violence. Canberra: Partnerships against Domestic Violence.

Department for Child Protection, Government of Western Australia (2013). Perpetrator accountability in Child Protection Practice – A resource for child protection workers about engaging and responding to men who perpetrate family and domestic violence: Fact Sheet 3 Perpetrator’s Characteristics. Retrieved from https://www.dcp.wa.gov.au/CrisisAndEmergency/FDV/Documents/2015/FactSheet3Perpetratorcharacteristics.pdf

Teacher, Law. (November 2013). Domestic violence and substance abuse. Retrieved from https://www.lawteacher.net/free-law-essays/family-law/domestic-violence-and-substance-abuse.php?vref=1

Security of Healthcare Records

Nurses’ Responsibility in Protecting Patient Information

In their everyday life nurses deal with private information from offices, nursing stations, patient bedsides, to the rooms of operation. Most often than not, they focus on the health of the patients, many become desensitized to the importance of protecting the patient information. There are several ways nurses can help in protecting the privacy of patient information regardless of what they are doing.

Situational Awareness

Discussing patient care in most cases is essential for nurses. While doing this there is the potential for the health information of an individual to be disclosed. Some minimum necessary procedures that nurses should be trained in include speaking quietly especially in public places when discussing a patient’s health information to their family (Borten, 2016).

Document handling

Although there has been an increase in the use of electronic health records, paper files are still heavily relied on in healthcare facilities. In a number of different situations, information exists in a hard copy whether it is information faxed over from a hospital or printed lab results. Nurses must not leave files or paper lying on their statins when they are handling hard copy documents. They should instead store them in a secure file cabinet or drawer. The rooms used for storing the records should remain locked; access should only be limited to the authorized and essential personnel. Nurses should properly dispose a file that is no longer needed for record purposes by shredding.

 Access to Electronic Systems

While digital medical records potentially improve the efficiency and quality of patient care, it can also be troublesome in maintaining the privacy and security of the records. A nurse’s desktop monitor or on their station or tab in an exam room makes information more accessible and easy to fall on the wrong hands. The threat of visual hacking increases with more information not being displayed on multiple screens. Nurses must ensure that their screens are locked when they leave their stations, and that there is no people looking over their shoulder.

HIT and Patient Privacy

Usually people ask whether any EHR can be made safe. Anyone looking for 100 percent guarantee on privacy then the answer is no. Paper records are not secure 100 percent either. There are cases of paper records disappearing in hospitals or paper records from the office of a doctor found in the dumpster. Usually, the paper records are available to any person with a badge or a white coat. One could easily masquerade as hospital staff and acquire the records. EHR on the other hand makes it more difficult for a person not authorized to gain access. They would need more than a badge and white coat. Health information systems require a password and a login name. There is also accountability in HIS since they record the audit trails of who accessed what record, and the part of the record which was accessed (Thede, 2010). The paper records do not give information whether the person accessing the information is known or what record was accessed.

Security Issues in the use of portable devices

Mobile devices are small and lightweight making convenient for pickpockets and thieves. Laptops and tablets are also easy enough to steal (Jain & Shanbhag, 2012). If a device is stolen and it did not have any form of security, say a password, biometrics or lock screen, then anyone who holds the device gets unauthorized access to all the information in it. If the device uses a weak password it could easily be brute forced.

Mobile Malware

The number of malicious code designed for the mobile environment continue to increase. Malware is now concealed in games, utilities and applications that seem otherwise legitimate. A popular choice for cybercriminals is the ransomware with additional focus on using spyware and key loggers (Ozair et al., 2015). These enable the attackers to record the activities of users and gather confidential data. The use of mobile devices in storing health information is risky unless safety precautions are taken into consideration and implemented.

Area of Improvement: Eliminate Shared accounts

It is common for the nurses and physicians on my organization to use one set of credentials. This occurs mostly in the emergency rooms where the health practitioners use one PC to gain access to vital information. One generic account is often used to avoid spending time logging into the application. To eliminate the risks associated with sharing login credentials, physicians and nurses should all have their own credentials. To ease the process of remembering the credentials, the employees could all share the same username but different passwords (Becker, 2012). This could be combined with smartcards to make the process more efficient.

References

Borten, K. (2016). The Role of Nurses in HIPAA Compliance, Healthcare Security. Retrieved from https://healthitsecurity.com/news/the-role-of-nurses-in-hipaa-compliance-healthcare-security.

Becker. (2012). 5 Ways Hospitals Can Improve Information Security. Retrieved from https://www.beckershospitalreview.com/healthcare-information-technology/5-ways-hospitals-can-improve-information-security.html

Ozair, F. F., Jamshed, N., Sharma, A., & Aggarwal, P. (2015). Ethical issues in electronic health records: a general overview. Perspectives in clinical research, 6(2), 73. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4394583/

Thede, L. (2010). Informatics: Electronic Health Records: A Boon or Privacy Nightmare?. OJIN: The Online Journal of Issues in Nursing, 15(2). http://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/Columns/Informatics/Electronic-Health-Records-and-Privacy.html

Jain, A. K., & Shanbhag, D. (2012). Addressing Security and Privacy Risks in Mobile Applications. IT Professional, 14(5), 28-33.