Self-determination, self-advocacy, and the consideration of natural supports in ABA interventions

Self-determination, self-advocacy, and the consideration of natural supports in ABA interventions

Student’s Name
University affiliation
Applied Behavior Analysis is a systematic process that applies intervention based upon principles to improve social and significant behaviors to an acceptable degree. Objective data is employed for an individual activity or program in the decision-making process. ABA is a critical and popular intervention for people with disabilities especially children with autism. Autism is a neurodevelopment disorder, characterized by communication difficulties, repetitive, restricted social impairments, and patterns of stereotyped behavior. Self-advocacy, Self-determination, and natural supports consideration helps in ABA interventions effectively. According to Wiggins LD, Baio J, and Schieve (2012) article, the diagnosis of autism disorder was inconsistent during the past researchers. More and thorough research had to be carried out in dealing with the stereotypes and assumptions. The authors used population- based surveillance to examine children proportions and classifications between ASD and non- ASD. Civil rights movements like Development Disability and Monitoring Network were determined in helping students with disorders. The process was on the basis of exclusion of children who showed symptoms of autism. After the first age when they were diagnosed with Autism Spectrum Disorder, they underwent exclusion. The diagnostic change was recorded in a regression model that was multivariable. The multivariable regression model was to determine the factors that could be associated with that diagnostic change. Only 4% of their samples had a classification of interchangeably records between ASD and non-ASD results. These results of classification between ASD and non- ASD were time limited since they carried it for 30 months. They never considered any possibility of developmental delays, special needs participation, and developmental regression which should have been taken at a period of at least eight years. The community professionals used surveillance as the only method of recording the behavioral changes of the children.

The community professional inconsistency was not different from the past researchers. Self-advocacy and self-determination were adequately represented by Development Disability and Monitoring Network. However, the intervention served the researchers well but did not help the children in the long run. Instead, the exclusive behavioral approach failed them. The researchers should have used peer training, modeling and joint attention intervention. (Mc Carl, 2010) Peer training enables children without disabilities to interact with those experiencing autism and other challenges. It’s done through peer networking, circle of friends and buddy skills. Modeling intervention enables learners with disabilities to acquire imitative skills from their peers and adults. Joint attention response enables student or children with disabilities to socialize better with their peers. They include following eye gaze, showing items, pointing to objects and activities between one another. Personal centered programs can be carried through personal relationship development programs and initiatives, participation in the community and development of skills needed for children with disabilities. The researchers did not consider natural supports. Researchers diagnosed the autism problem only, and none of the autism therapy activities were done. They should have helped the children by linking them to sponsors who can pay their medical bills and educational requirements.

In conclusion, ABA is a critical and popular intervention for people with disabilities especially children with autism. Self-advocacy, Self-determination, and natural supports consideration helps in disability problem-solving. The authors created more risks to the children since fewer efforts were done in natural support provision. On diagnosing of the autism disorder, rehabilitation could have been appropriate. Peer training, modeling and joint attention intervention would have helped the children since they would l interact with others. This enables them not to feel discriminated.
References
Mc Carl, D. (2010). Bringing ABA to home, school, and play for young children with autism spectrum disorders and other disabilities. Baltimore, Md.: Paul H. Brookes Pub.

Wiggins LD, Baio J, and Schieve (2012). Autism spectrum disorder – Diagnosis article Retrieved 12 May 2015 http://www.nhs.uk/Conditions/Autistic-spectrum-disorder/Pages/Diagnosis.aspx

Advertisements

Physiotherapy reflective essay

Physiotherapy reflective essays
Name

Course
Lecturer
University
City
Date
Assessment
Physiotherapists gather information on a disease or injury through assessment of the patient. I selected a patient who was suffering from biceps tendonitis. This is a type of tendinopathy caused by swelling of the tendons. The patient injured himself in the gym. Exercising is important for individual’s health, but care has to take to avoid injuringoneself in the whole process. Injured tendons are accompanied by inflammation of the injured part. The injuries were at the lower section of his elbow. This affected the whole body; on touching any other part of the body apart from the arm, he would react defensively as the body nerves detected the pain.
Assessment or examination is used to check the effectiveness and the progress of the treatment administered to the patient. The process has subjective and objective examinations. The subjective examination enables the physiotherapist to prepare hypothesis while objective examination enables confirmation of the set hypothesis. For the success of project-based learning, you have to meet with real victims or patients who need treatment and close medical examination. “It’s a common experience for a student during his or her first day of his PBL to feel stigmatized due to exposure to a new environment where he or she has to work with new people in the same organization” (Hatam p 2012, 19). I experienced chills from my uneasiness in the new place and also for the fact that it was my first time to be exposed to such practical session. My patient looked strange, and I feared his response whenever I asked him about his condition. He was masculine and looked terrifying, but later I have realized that he is a cool person, since he spoke politely as if he understood I was new to such exposure. Patients with tendonitis injuries are largely conservative about the physiologists who treat them. They may request to be treated by specific doctors for the entire period they are in a hospital due to the expertise and method of treatment. However, as a doctor I had to treat him without regard to his preference or choice of doctor. During the first day, I could not remember any of non-steroid and anti-inflammatory drugs (NSAIDs). I only recalled gradual exercising, rest, compression, ice and elevation, but at the moment the patient did not require the common physical therapy. This situation had to be immediately controlled so as to solve these recurrent problems due to the tension that had made my memory blank for some time. A student learner is faced by some challenges in adapting to the new environment but confidence remains the key to success. The main concern was to read much on tendonitis tests and treatment to avoid administering the wrong anti- inflammatory drugs, due to which the state of my patient would grow worse. I wanted to recall the common anti- inflammatory and cholesterol free drugs that we had theoretically learned in class (petty n 2011) (Appendix 1). Due to this, it was difficult to complete my patient treatment since I had to confirm my hypothesis first. Treatments might be useful even when the symptoms are barely mistaken. However, these mistakes can mature into bad incidences in life in case they are ignored or handled improperly. Mobility of the injured tissue should regularly be checked to ensure that the body nerves coming from the arm do not affect the whole body. At times, dependence on medical educator meant my outcomes to be poor. This indicated how ineffective I was and disappointed. Wrong experience natures your competence ( Hattam, Smeatham 2010, 46), and I could not do any physiology and anatomy test related to biceps tendonitis.
Learning needs
In order to accomplish my set objective skills, I have to focus more on remembering the theoretical concepts we were taught in class regarding injured biceps and examination tests. Proper positioning of the patient is important to avoid injuring him or her more. My patient would react friendly if I didn’t seem to cause more unnecessary pain to him. My seriousness will enable me to work with cautious and more relaxed mannerin future due to skills gained from the project based learning practice.
Learning outcomes
The tests that I carried on injured elbows have made me gain experience in handling cases related to Myoskeletal problems on my own. It was easy for me to evaluate the mobility of joints and to confirm my hypothesisin the objective examination. Outcomes motivate or lead to a disappointing situation, especially when you are unable to prove your hypothesis (Hatam p, 2012, 33). This meant for me to be able to perform the entire test with positive possible outcomes.
Action plan
In order to achieve all my goals in neurodynamic tests, I had to visit some doctors and see how they perform the process. Experienced doctors act as your mentors. In addition to this, I visited several websites and watched YouTube videos on proper handling of biceps tendonitisand how experienced therapists position their patients. This enabled me to gain experience on how I can position a patient to avoid injuring him or her or myself in case the patient is overweight. (Appendix 2)
Clinical Reasoning
Clinical reasoning is a judgmental process that enables nurses and doctors to get proper medication and rehabilitation of a status of a patient. Evidence indicates that over 90% of people thought that tendonitis was the same as tendonosis. Therefore, patients were presented with the wrong medication. Inflammation does not equal pain and vice versa (Jones m, rivett d 2004). Tendonosis has been treated suggestively like an acute inflammation condition. Currently, evidence shows that inflammatory tendons lack prostaglandin E2 (inflammatory mediator). These two terms confused me repeatedly and made me encounter difficulties in my clinical reasoning. As an inexperienced therapist, I chose the active/ inactive model of clinical reasoning. This is a simple model characterized by the patient response to mechanical and symptomatic loading. Mechanical loading strategy deals with manual techniques, static positions, repeated movements and functional tasks. In active conditioning, a symptomatic change will be noticed, but the cessation will remain in the loading strategy. Inactive conditioning the symptomatic changes will change the cessation. Active/ inactive model is used to arrange common myoskeletal conditions according to their mechanical and systematic responses to loading. I proposed three ways on the left-hand side in which a tissue can be damaged leading to the active condition. These include:
1. Overstretching the tissue
2. Inflammation
3. Trauma
On the other hand, the inactive model is viewed in three ways.
1. Healing
2. Natural resolution
3. Treatment
The healing and natural resolution takes place naturally, but treatment is done by a therapist. Unnecessary things like plaster are removed at this stage to provide a favorable environment for recovery of the patient.
As a physiotherapist student, I faced difficulties in matching my hypothesis active condition. Problems were due to lack of experience prior to the practical part. I was fully equipped with the theory that I could not translate into a practical activity. (atkinson k, coutts f, Hassenkamp 2005, pg 34) (Appendix 1). Though I had chosen active/inactive model, I still had challenges in confirming symptoms and matching them correctly in my hypothesis. This was a mistake, since tendonitis and tendonosis were confusing me as their symptoms are almost alike. Due to little practical knowledge, most of my assumptions were false since I was making early decisions of the symptoms trying to match them with my set hypothesis. The time factor was always putting me in the panic mood, especially when the assessor came for assessment, as some of the practical procedures were not grasped. My patient did not trust me for the first week because I showed high level of incompetence since the treatments I administered seemed ineffective. Even though reassessments indicated improvement, I had a hard time convincing my patient. The healing process was slowed down. I didn’t limit myself by consulting other doctors who had more experience. Every day I consulted them, my hypotheses seemed to work properly as they were guiding me in the simplest way. Class work notes seemed challenging to me and that is why I had to spend a lot of time trying to check what we wrote only to find that I confused myself more and more. The inquiry helped such that by the end of the BPL I had already knew the best ways of approaching and handling a patient who had biceps tendonitis.
Learning needs
For better understanding of my hypothetic deductive model, improving communication with patients is important. The hypothetic deductive model is a scientific method where inquiries proceed by hypothesis formulation that is tested on the observed data. Communicating with patients enables you to extract the correct information on how the healing process is going. The question in my hypothesis should be understandable by the patient, and if he fails to understand, my examination will be wrong. This will enable me to collect accurate data about my patient and thus form a hypothesis that will further the whole process. (Petty2011).
Learning outcomes
From my Project Based Learning I learned how important active/inactive model is in addition to hypothetical deductive reasoning contrary to the inductive model of reasoning. Inductive model of reasoning is a whole process accelerator. Mistakes in the inductive model occur more often than in the hypothetical model since there is a lot of assumptions which has to be accounted for later. Failure to account them will make my hypothesis to lack consistency. The whole project meant for me to learn how important social history of the patient is and how it relates to the possible outcomes.
Action Plan
It is important for a student to do research on the possible mistakes a physiotherapist can avoid when asking and listening to patients. I learned that it was important to select a simple question that the patient will respond to with ease to avoid guiding him or her in the whole session. For this case, I formulate model questions in case of a potential patient. During my final stage, I will apply the model questions to a real patient and examine how his or her healing process pairs out with my hypothesis and set questions. (Jones m, Rivett 2004, 67) (Appendix 2)
Intervention planning
Intervention planning precedes clinical reasoning. This is the process in which a physiotherapist is required to choose the best effective plan of treatment of his or her patient so as to rehabilitate him (Prentice 2007, 23). During my third day of placement, my intervention plan deviated from what I wanted. In other words, it was ineffective. My patient was young and energetic, and he was suffering from biceps tendonitis due to sudden increase of gym activity. In my Visual Analogue Scale, problems seemed to decrease on a daily basis. VAS is a psychometric response that is used in questionnaires. (Prentice et al. 2007, 48) (Appendix 1). At the final stages, the pain had narrowed to almost zero as evidenced by my VAS scale that I carried out every morning. However, when my patient went for a light Gym training he was mentioning pain during and a few hours after the gym. On palpating the area, the patient has shown some protective sensitivity. Thus, the healing process was not fully done. This meant that my patient was annoyed since he had the perception that I was restricting him from his favorite activity, which was gym. This meant for me to be frustrated, since all the assessments and treatments were showing full recovery, but my patient had not regained the required capability to perform his activities as before. This meant for me to believe that the job was not done the right way, though I heard other patients complaining about experienced physiotherapist watch that gave me the motive to cross-examine my patient with some patience. I could attribute my problems and poor performance to be a result of inadequate experience in handling gym related cases. I also treated my patient with a lot of anxiety since I feared that even being injured he can still punch me using the other hand, if I would have caused pain and discomfort while handling him.
I had to read some books and journals to get solutions why my patient looked unrecovered yet. I gathered information from some articles on how the recovery of biceps tendonitis behaves. For a highly active person in gym, plyometric training is mandatory at the last stages of recovery to avoid collapsing of the patient on undertaking his sports activities. This prepares recovery of the collagen proteins and protects tendons from collapsing when excessively stressed. Collagens are the main structures of protein for all animal connective tissues. They make up 25%-35% of the characteristic body content. Neuromuscular connections are also boosted in response to stress, especially when you’re undertaking a task like lifting heavy weights, as it was the case with my patient. Plyometric activities aim at stressing tendons in all directions at the later stages of cushioning. For a gymvisitor the cushioning plyometrics have to be progressive; starting with light weights and lifting them to low heights so that the biceps do not feel any change in terms of the load lifted. (kisner c, Colby 2007, pg. 19)(Appendix 2)
During the subsequent weeks I progressively did the same to the patients who had injured their biceps, and it worked. Rehabilitation of the same patients did not take more than two weeks. After this period any patient who had an injured tendon could carry out his or her sporting activities with ease and without any pain whatsoever. This was a big boost to my intervention planning. The impact was evidenced in that all my purposes seemed to be fulfilling at last. I had some challenges when starting the process, but I ended up in scoring excellent grades on intervention planning due to the good outcomes (Prentice et al 2007, 47) (Appendix 3)
Learning needs
My next order of improvement was to compare and contrast the benefits of concentric and eccentric exercise on biceps recovery and determining the most appropriate one for highly active, energetic, and young people. Simply because my eccentric training program alone did not satisfy me during the early stages of rehabilitation. (Prentice 2007, 49)
Learning outcomes
I learned how important it is for the collagen fibers to heal since they control all the neuromuscular coordination of the biceps tendons during the plyometric training, especially in the later stages. I got the experience that gym should not overstress the tendons, and plyometrics exercise is highly appropriate for an individual who is having biceps problems during the treatment. (Prentice et al 2007, 48)
Action plan
For better achievements in my learning needs, I had to read several bibliographies that specialize on the overuse of sports like the gym. After understanding pathology required it would be simple to get the differences between concentric and eccentric training programs the chose the appropriate for a patient suffering from biceps tendinitis. Doing this will improve my effectiveness in the rehabilitation of patients with the biceps tendonitis problem. (Prentice 2007, 47) (Appendix 4)
Communication
Communication is an important tool for physiotherapist in establishing the accurate treatments for their patients. During the practice, health professional can solve many problems affecting the patient (Pollak 2010, 325). During my last placement, I decided to choose a patient who can communicate effectively. But a number of them were not willing to share their experiences with me. During this time, I recorded the interaction between myself and the patient. Since I did not have any experience in the determination of patient’s behavior, and how to relate it to the possible pain felt, I took the video to the Medical Communication and Behavior System department to analyze it for me. They examined response activities like eye gaze, smiling, forward leaning, and affirmative head nodding and any behavioral response to touch. (Appendix 1). I was frustrated after watching the video as many of the patients did not cooperate. This pushed me to go and do research on the best ways of communicating to a patients who is not willing to talk to his or her physiotherapist. I found that I was only giving up since I did not have the necessary skill of handling the patients. (Prigerson 2007, 715)
Learning needs
For improvements in future, I would like to communicate with patients who don’t seem to be ready to offer me any communication. As young therapist communicating with patients who are unwilling to talk will nurture my skills and build the trust necessary on patients to be able to communicate with me in future. This would be a positive impact on my future treatment plans since I will be able to make the patient cooperate (McNulty 1994, 7)
Learning outcomes
During this exposure, I learned that biceps tendonitis patients react aggressively when touched and in most cases they preferred no treatment. This is what I lacked during my first placement, and I simply thought that patients were ignoring me because I looked young to handle them. Instead, it was failure on my part ( Prigerson 2007, 707)
Action plan
To fulfill my required learning needs, I will need to read books and articles that discuss communication problems as a result of Alzheimer’s disease that leads to communication disorientation of patients. (Danlym, Shapiro 1982, 178) (Appendix 2).
Conclusion
Clinical practice enables young physiotherapists to gain multiple thinking strategies in providing quality health. Assessment, clinical reasoning, intervention planning, communication, and judgment are tools of examination that enable patient’s rehabilitation. The processes enable a physiotherapist to handle his patients with care to avoid harming them or harming himself in case you are supporting a heavy body like the one I encountered with my first patient who had injured himself in thegym. The clinician’s ability to rationalize issues in providing high-quality care and safety depends on their ability to think reasonably and judge properly. Clinical reasoning, judgment and critical reflection can be limited on the basis of lack of experience and knowledge. Clinical reasoning, critical reflection, and judgment are the commonly manipulated issues to get positive outcomes. The expert performance of clinical professionals depends on evaluation of performance and continuation of learning due to emerging issues.

Bibliography

ATKINSON K, COUTTS F, HASSENKAMP A 2005. Physiotherapy in Orthopedics : A Problem solving Approach. 2nd ed ELSEVIER CHURCHILL LIVINGSTONE.

BOYLE D, DWINNELL B, PLATT F 2005. Invite, Listen, and Summarize : A patient centered Communication Technique. Academic Medicine. pp29-32

DANLY M, SHAPIRO B 1982. Speech Prosody in Broca’s Aphasia. Brain and Language.Pp 171-190

HATAM P, SMEATHAM A. 2010. Special Tests In Musculoskeletal Examination. An Evidence Based guide For Clinicians. Churchill Livingstone Elsevier.
JONES M, RIVETT D 2004. Clinical reasoning for manual therapists. BUTTERWORTH-HEINEMANN ELSEVIER ScienceLimited.

KATZ N, McNULTY K 1994. Reflective Listening. Pp1-18

KISNER C, COLBY L.A 2007. Therapeutic Exercise Foundations and Techniques. 5th ed
F.A Davis Company 1915 Arch Street Philadelphia , PA 19103

MACIEJEWSKI P.K, ZHANG B, BLOCK S.D,PROGERSON H. G. An empirical Examination Of the Stage Theory of Grief. American Medical Association. pp 716-723

MAESTRE J.M , SZYLD D, MORAL I, ORTIZ G, RUDOLPH J.W 2013. The Making Of Expert Clinicians : Reflective practice. RevistaClinicaEsaniola. Pp 1-5

MAGEE D 2014. Orthopedic Physical Assessment. 6th ed. Elsevier Saunders 3251 Riverport Lane St. Louis, Missouri 63043.

MAFFULLI N, LONGO U.G, PETRILLO S, DENARO V 2012. Management of tedinopathies of the foot and ankle. Orthopaedics and trauma . Pp259-264

PETTY N 2011. Neuromusculoskeletal Examination And Assessment A Handbook for Physical Therapists. Churchill Livingstone Elsevier.

POLLAK K, ALEXANDER C.S, COFFMAN C.J, TULSKY J.A, LYNA P, DOLOR R.J, JAMES I.E,BROUWER R.J.N, MANUSOV J. R.E, OSTRTBYE T. 2010. Physician Communication techniques and Weight Loss in Adults Project CHAT. American Journal of Preventive Medicine. pp 321-328

PRENTICE W.E 2007. Rehabilitation techniques for sports medicine and athletic training. 4th edParisianou Scientific editions. CharilaouTrikoupi 47-49, 106 81 Athens.
BELL E, TAYLOR S 2011. Beyond letting go and moving on : New Perspectives on organizational death, loss and grief. Scandinavian Journal of Management. Pp 1-10

STRACCIOLINI A, MEEHAN W, HEMECOURT P 2007. Sports rehabilitation of the injured Athlete.

YUAN C, TAI Y, HSIA M, TE J 2013. Reflective learning in physical therapy students: Related factors and facilitate effects of a short introduction. Procedia Social and Behavioral Sciences. Pp1362-1367
Bibliography
Appendix
Appendix 1 Assessment
The main concern was to read much on tendonitis tests and treatment to avoid administering the wrong anti- inflammatory drug and probably the state of my patient would grow to worse. I wanted to recall the common anti- inflammatory and cholesterol free drugs that we had theoretically learned in class. Also, how well did I perform?

Appendix 2
I had to visit some doctors and see how they perform the whole process. When taught by an already experience person you get the best skills ever. They act as your mentors. In addition to this I visited several websites and you tube videos on proper handling of biceps tendonitis on how experienced therapists position their patients. T his was useful in that I gained experience on how I can position a patient to avoid injuring him or her or other times me in case the patient is overweight.
Clinical reasoning
Appendix 1
As a physiotherapist student I faced difficulties in matching my hypothesis active condition. Problems were due to lack of experience prior the practical part. I was fully equipped with the theory that I could not translate into a practical activity

Appendix 2

I formulated model questions in case of a potential patient. During my final stage I will apply the model questions to a real patient and examine how his or her healing process pairs out with my hypothesis and set questions.

Intervention planning

Appendix 1
At the final stages the pain had narrowed to almost zero as evidenced from my VAS scale that I carried on daily basis every morning. However, when my patient went for a light Gym he was mentioning pain during and a few hours after the Gym.

Appendix 2
To a gym patient the cushioning plyometrics has to be progressive; starting with light weights and lifting them to low heights so that the biceps do not feel any change in terms of the load lifted.

Appendix 3
The impact was so real that all my purposes seemed to be fulfilling at last. I had few challenges when starting the process but I ended in scoring excellent grades on intervention planning due good outcomes.
Appendix 4
After understanding the required pathology, compare and contrast concentric and eccentric resistance benefits training in tendonitis. Doing this will improve my effectiveness in rehabilitation of patients with the biceps tendonitis problem.
Communication
Appendix 1
I was frustrated when taking the video as many of the patients did not corporate. This meant me to go and do a thorough research on best ways to communicate with patients.
Appendix 2
To fulfill my required learning needs, I will need to read bibliographies and articles that discuss communication problems as a result of Alzheimer’s disease that leads to communication disorientation of patients.

Bibliography for appendices
Assessment
Appendix 1
PETTY N 2011. Neuromusculoskeletal Examination And Assessment A Handbook for Physical Therapists. Churchill Livingstone Elsevier.
Appendix 2

KISNER C, COLBY L.A 2007. Therapeutic Exercise Foundations and Techniques. 5th ed
F.A Davis Company 1915 Arch Street Philadelphia , PA 19103

Clinical Reasoning
Appendix 1

ATKINSON K, COUTTS F, HASSENKAMP A 2005. Physiotherapy in Orthopedics : A Problem solving Approach. 2nd ed ELSEVIER CHURCHILL LIVINGSTONE

Appendix 2

JONES M, RIVETT D 2004. Clinical reasoning for manual therapists. BUTTERWORTH-HEINEMANN ELSEVIER ScienceLimited.

Intervention planning

Appendix 1

PRENTICE W.E 2007. Rehabilitation techniques for sports medicine and athletic training. 4th edParisianou Scientific editions. CharilaouTrikoupi 47-49, 106 81 Athens
Appendix 2

KISNER C, COLBY L.A 2007. Therapeutic Exercise Foundations and Techniques. 5th ed
F.A Davis Company 1915 Arch Street Philadelphia , PA 19103
Appendix 3

PRENTICE W.E 2007. Rehabilitation techniques for sports medicine and athletic training. 4th edParisianou Scientific editions. CharilaouTrikoupi 47-49, 106 81 Athens.

Appendix 4

PRENTICE W.E 2007. Rehabilitation techniques for sports medicine and athletic training. 4th edParisianou Scientific editions. CharilaouTrikoupi 47-49, 106 81 Athens.

Communication

Appendix 1

POLLAK K, ALEXANDER C.S, COFFMAN C.J, TULSKY J.A, LYNA P, DOLOR R.J, JAMES I.E,BROUWER R.J.N, MANUSOV J. R.E, OSTRTBYE T. 2010. Physician Communication techniques and Weight Loss in Adults Project CHAT. American Journal of Preventive Medicine. pp 321-328

Appendix 2

DANLY M, SHAPIRO B 1982. Speech Prosody in Broca’s Aphasia. Brain and Language.Pp 171-190
3041 words

The state judicial selection process

The state judicial selection process
Student’s Name
University affiliation
Course
Date

In the past years proposals from courts, governors, legislators and citizen’s groups have tried to limit political roles in the judicial selection process. Independent judiciary is important in public trust maintenance and court system confidence. Open Society Institute in the American Judicial Society has enabled this by compiling comprehensive judicial information of the 50 states and District of Columbia.
Judicial selection process in California
California uses two different systems of selection of their state court judges. They are chosen through gubernatorial appointment then commission confirmation. Nonpartisan vote is used for electing trial judges.
Supreme Court and Courts of Appeal
California Supreme Court is composed of seven justices while the Courts of Appeal is made up of 102 judges who are selected in identical manner. The Jenny Commission comprising of Public and attorney general performs an extensive investigation on the appointees. (Marson 2012) After examination of their qualification, the commission recommends the appointees to the governor. The governor is not bound to the commission’s recommendations but only answerable to Judicial Appointments Commission. Term of service of judges in supreme and courts of appeal is 12 years.
Qualifications
Judges in both courts qualifications are identical. Candidates should have ten years of experience as a judge in a court of record and as a practitioner in law.
Superior Courts
California Superior Courts are made up of 1535 judges who are elected through nonpartisan elections. Candidates who receives 50% and above in June primary election is declared a winner and if candidates get less that 50% a runoff election is held in November general election for the top two candidates. The term of service is 6 years.
Qualifications
They have the same qualification as the trial and appellate courts. Candidates should have ten years of experience as a judge in a court of record and as a practitioner in law
Judicial selection process in Arkansas
State court judges are selected through judicial nonpartisan elections. General jurisdiction and Appellate courts have differences in judicial qualification policies while term length and chief justice selections are common in re-election and interim filling vacancies. Limited jurisdiction courts have the same court functions only differ in primary judge qualifications.
Supreme Court
Arkansas Supreme Court is composed of seven justices who are elected through nonpartisan method in a period of 8 years. The candidates participate in nonpartisan primaries and are won only by the candidate who garners 50% of the votes. If candidates garner less than 50%, two top candidates go for a competitive runoff in the general elections. The sitting justices are required to go for a runoff if their term expires. The chief justice is largely selected by voters and serves for a period of 8 years.
Qualifications
To serve in Supreme the justice must be:
1. Of good moral character;
2. At least 30 years old;
3. Law learned;
4. A practitioner of law for 8 years and
5. U.S citizen or a state resident for two years.
Court of Appeal
Arkansas court of appeal is made up of twelve judges who serve for 8 year term. Court of appeal shares selection aspects such as re-election, judicial qualifications and interim vacancy regulations. (Carolina 1999) The chief judge selection process is slightly different from the supreme courts. The chief justice in the Supreme Court appoints the chief judge of the court of appeal to serve in a period of four years.
Circuit Court
Arkansas Circuit Court is comprised of 122 judges who serve for a period of six terms. Most of aspects of selection are shared with court of appeals and Supreme Court such as interim vacancies re-election regulation. Chief Judge Selection and judicial qualification process differs slightly. The Supreme Court appointment selects the respective chief judges of all the circuit courts.
Qualifications
To serve in Arkansas Circuit Court, judge must be:
1. a U.S citizen;
2. of good moral character;
3. 28 years of old;
4. Law learned individual;
5. A legal practitioner for not less than six years;
6. A state resident for not less than 2 years;
Limited jurisdiction courts
Arkansas City and district court are combined into limited jurisdiction courts which vary in the selection processes of their legal practitioners. District and city court differ in qualification procedures carried for selection and term of service. Selection process is mainly through nonpartisan elections just like supreme and court of appeal, but differs from the circuit courts. In the district court a judge can only serve there if he or she is a registered voter of the district while city courts do not have regulations on place of voter’s registration.
District court City court
Selection process: Nonpartisan election Nonpartisan election
Term of service: Four-year term It depend on the court’s judge demand
Re- election method: Contested election Contested election
Qualifications, a judge must be: A registered vote of the district, should have been in law practice for at least three years and should be at least 26 years old Qualifications vary; one can serve in these courts provided he or she has a judicial experience for at least two years. It is also not a must to be from the city since this is affected by the migration trends of people, mainly the urban- rural migration and vice versa

City and district judges serve more than one county and court. According to Lee (2014), twenty- nine judges in the district courts can also serve as city court judges. There are no specified judges to serve in either the two courts.
Compare and contrast for both states qualifications necessary for a prospective candidate to become a judge
Similarities
1. In both countries all courts including Supreme Court, court of appeal, superior courts, circuit courts, district and city courts require judges who good law practitioners.
2. In both countries judges should be of good moral characteristics
3. Supreme courts in California and Arkansas are both comprised of seven justices.
4. Supreme and court of appeal judges must be 30 years old in both countries.
Differences

Type of court Qualification of judges in California state Qualification of judges in Arkansas state
Supreme court Should have 10 years of experience Should have 8 years of experience
Court of appeal Appointment of the chief judge is done by the governor after the commission confirms the qualifications The chief justice in the Supreme Court appoints the chief judge of the court of appeal
Superior court 10 years of experience in law Not available in Arkansas state
Circuit court Not available in California At least 28 years old
District court Not functional in California A judge must be a registered voter of the district and at least 26 years old
City court Not available in California A judge can serve in the city regardless of his or her place of voter registration

California and Arkansas states have almost the same steps of removing a judge from the office. The general assembly, judicial code of conduct, majority membership vote and the Supreme Court are important in disciplining a judge. California and Arkansas have three ways in which a judge can be removed from office for disciplinary actions.
California
A judge can be removed from office in one the common three ways:
1. Elections can be recalled and the judge voted out.
2. Impeachment and conviction by the assembly and two thirds of the members of the senate respectively.
3. Incapacity and judicial misconduct can lead to suspension, admonishment, censure or removal of the judge once the judicial commission on performance investigation is completed.
Arkansas
A judge can be removed from office in one the common three ways:
1. Removal of a judge by the governor upon collective address from two thirds of both general assembly houses.
2. A judge may be impeached and convicted by house representatives and two thirds of the members of the senate respectively.
3. Disability and judicial discipline commission has the responsibility to investigate, initiate and deal with the judges appropriately once the judge failed to follow the Arkansas judicial code of conduct. On hearing, the commission usually recommends the Supreme Court to suspend the judge or voting out of the judge by majority vote membership.
The best selection process between the two states
In California about two thirds of their courts use gubernatorial appointment and one third use nonpartisan method of selection of its judges while Arkansas uses only nonpartisan election selection process. Gubernatorial appointment is headed by a governor. (Herman, 2000) Nonpartisan election is the common method used for selection of judges. Politics can build or destroy the judiciary. On a personal perspective Arkansas has the best way of selecting its judges since there are no party affiliations. Though gubernatorial appointment involves governors and other judicial stakeholders it’s liable to political interference. A governor can be convinced by another judicial participant to appoint a judge whom they share kinship. However, nonpartisan election’s method prevents all the political leaders from interfering with the selection process. Politicians are influential people in the society and thus most of their ideas and directives are always followed by their people. This can bring a negative impact when a judge is selected on basis of political superiority. In Arkansas the ballot box has the name of the judge only since the political parties do not participate directly in the nomination and election process. Therefore this controls controversial issues due to political affiliations.
In conclusion, selection processes used determine the quality of the judges running the judiciary. Judicial qualifications enable the employment of only the judges who meet the requirements. In California the most common courts are supreme, court of appeal and superior courts while Arkansas has five functional courts namely supreme, court of appeal, circuit, district and city courts. California uses gubernatorial method of appointment while Arkansas uses the nonpartisan election method of selection of judges. Judges should have the essential skills for them to execute their judicial mandates. Experience as a law practitioner and good morals govern all the judges’ judicial code of conduct. Judges are disciplined through general assembly, judicial code of conduct, judicial commissions, majority membership voting, the Supreme Court and the senate.

References
Carolina, J. (1999). Handbook for appellate advocacy in the Arkansas Supreme Court and Court of Appeals. Little Rock: Arkansas Judicial Dept.
Herman, D. (2000). Gubernatorial appointment and nonpartisan election. In Judicial selection. Hartford: Connecticut General Assembly, Office of Legislative Research.
Lee, M. (2014). Limited jurisdiction courts. In Arkansas judiciary. Little Rock: [Arkansas Supreme Court].
Marson, R. (2012). The Jenny Commission. In Standards on state judicial selection: Report of the Commission on State Judicial Selection Standards. Chicago, Ill.: American Bar Association, Standing Committee on Judicial Independence

Battle of Gettysburg

The Battle of Gettysburg took place on 1st – 3rd, July 1863 in Gettysburg and Adams Pennsylvania and resulted to Union victory. This was an American Civil War which was fought by the Union and Confederate forces. The Union force was headed by Major General George Meade which was the Potomac Army located in the north of Gettysburg. However the Confederate force was headed by General Robert E. Lee. This confederate force was located to the northern part of Virginia. By the end, the war had involved 160,000 Americans though it started as skirmish.
Lee objective was to influence the northern politicians to stop prosecuting the war and engage Meade’s Union army so as to destroy them after wards. They went as far as Pennsylvania, Philadelphia or even Harrisburg. President Abraham Lincoln was against that idea and just three days he replaced Major General Joseph Hooker with Meade before the battle.
On 1st July the two armies collided, but Lee concentrated on his forces. The Confederates divided themselves into two and ran into the west where Union’s Federal cavalry was at Willoughby. At the scene Lee had 25,000 men, where else less than 20,000 represented the Union. The Federals were pushed to Gettysburg town by the Confederates.
On Thursday, July 2 at about 10 a.m. Lee ordered General Longstreet to attack but he was too slow and he attacked at 4 p.m. afternoon. This gave the union Army more time to strengthen themselves. Bitter war erupted at American military folklore including the Wheat Field, Devil’s Den, Little Round Top, and the Orchard. Finally on Friday the Rebels timetable was undermined and therefore driven away from the trenches. They attacked again at 8 a.m. but they were beaten back.
In conclusion Lee intention was to engage the Union’s force so as to destroy it, but didn’t work. In addition to that he didn’t win the northern politicians and therefore they went on to prosecute the war.

References
Fred Hacker, (1990). Battle of Gettysburg. New York City.
Haskell and Frank Aretas, (2006) The Battle of Gettysburg. Oxford University Press

,

Battle of Gettysburg

Battle of Gettysburg
The Battle of Gettysburg took place on 1st – 3rd, July 1863 in Gettysburg and Adams Pennsylvania and resulted to Union victory. This was an American Civil War which was fought by the Union and Confederate forces. The Union force was headed by Major General George Meade which was the Potomac Army located in the north of Gettysburg. However the Confederate force was headed by General Robert E. Lee. This confederate force was located to the northern part of Virginia. By the end, the war had involved 160,000 Americans though it started as skirmish.
Lee objective was to influence the northern politicians to stop prosecuting the war and engage Meade’s Union army so as to destroy them after wards. They went as far as Pennsylvania, Philadelphia or even Harrisburg. President Abraham Lincoln was against that idea and just three days he replaced Major General Joseph Hooker with Meade before the battle.
On 1st July the two armies collided, but Lee concentrated on his forces. The Confederates divided themselves into two and ran into the west where Union’s Federal cavalry was at Willoughby. At the scene Lee had 25,000 men, where else less than 20,000 represented the Union. The Federals were pushed to Gettysburg town by the Confederates.
On Thursday, July 2 at about 10 a.m. Lee ordered General Longstreet to attack but he was too slow and he attacked at 4 p.m. afternoon. This gave the union Army more time to strengthen themselves. Bitter war erupted at American military folklore including the Wheat Field, Devil’s Den, Little Round Top, and the Orchard. Finally on Friday the Rebels timetable was undermined and therefore driven away from the trenches. They attacked again at 8 a.m. but they were beaten back.
In conclusion Lee intention was to engage the Union’s force so as to destroy it, but didn’t work. In addition to that he didn’t win the northern politicians and therefore they went on to prosecute the war.

References
Fred Hacker, (1990). Battle of Gettysburg. New York City.
Haskell and Frank Aretas, (2006) The Battle of Gettysburg. Oxford University Press

,

WHO OWNS THE WESTON HOTEL, WAITERS SAID IT’S DEPUTY PRESIDENT, WILLIAM RUTO.

mutuoj

Kenya is democratic nation, meaning a government by the people and the for the people. We started from a one party state, multi party and finally coalition party state. These merging of parties have positive and negative impacts. We know how these differences have affected us.
However yesterday we saw what took place at Lang’ata Primary School. How on earth can a police attack kids with teargas ????. This still runs through my mind. Today during the president press briefing at KICC he has landed blame on land CS Ngilu and NLC Swazuri. I totally agree with him, even in December last year we heard the same. Actually we’ve known that the president when provoked he acts but it’s too late. Many people are to blame in this saga for instance, Ministry of land, Police and School administration. On my side I can’t hold Boniface Mwangi accountable.LSK has launched its…

View original post 56 more words

WHO OWNS THE WESTON HOTEL, WAITERS SAID IT’S DEPUTY PRESIDENT, WILLIAM RUTO.

Kenya is democratic nation, meaning a government by the people and the for the people. We started from a one party state, multi party and finally coalition party state. These merging of parties have positive and negative impacts. We know how these differences have affected us.
However yesterday we saw what took place at Lang’ata Primary School. How on earth can a police attack kids with teargas ????. This still runs through my mind. Today during the president press briefing at KICC he has landed blame on land CS Ngilu and NLC Swazuri. I totally agree with him, even in December last year we heard the same. Actually we’ve known that the president when provoked he acts but it’s too late. Many people are to blame in this saga for instance, Ministry of land, Police and School administration. On my side I can’t hold Boniface Mwangi accountable.LSK has launched its investigation and hope those who violated the law will have to answer. Finally yester night tweets flew…..Wahhh Kenyan On Twitter (KOT) I really respect them. Mohamed Ali also tweeted Ahmednasir Abdullahi since he is the hired lawyer by the hotel wanting to know more about it. Look at the tweets.

This is what Tim Njiru tweeted.