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Homework answers / question archive / For this class you must conduct research on a constitutional issue approved by your instructor and write a paper analyzing what you find, using U

For this class you must conduct research on a constitutional issue approved by your instructor and write a paper analyzing what you find, using U

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For this class you must conduct research on a constitutional issue approved by your instructor and write a paper analyzing what you find, using U.S. Constitutional provisions, statutes, and court cases to support how you would solve the constitutional issue, and discussing social policy implications of your solution to the issue. For this assignment, you will be submitting a draft of the Core Assessment Paper due in Unit 7. The purposes in conducting this research and writing this paper are to: Improve your ability to synthesize, analyze, and evaluate information carefully and objectively, using the U.S. Constitution, statutes, and U.S. Supreme Court cases Use the gathered information to propose a solution to a constitutional issue; Discuss social policy implications of your solution Demonstrate that you understand the terminology and the concepts used in constitutional law, and how constitutional provisions, statutes, and case decisions are interrelated. Present your ideas in clear written form directed to a specific audience, in this case, your class. Write technically correctly using APA Style (Links to an external site.). You will receive feedback from your instructor to be applied to the Core Assessment Final Draft. You will also be required to present your paper in a discussion in Unit 8. Directions Write a research paper paper explaining the instructor-approved issue, your proposed outcome, the social policy implications of your solution, and the research that supports your outcome for the topic. Include the following: Research the provision(s) of the United States Constitution that are at the heart of the criminal issue. Research any federal or state statutes that impact this issue. Research previous decisions of the United States Supreme Court that impact this issue. Conduct searches for any pending case(s) before the U.S. Supreme Court that may involve this issue. Based on your research, determine what should be the solution of this constitutional issue. Consider social policy implications of your solution. Paper Outline Your paper must include: A cover page Introduction Clear statement of the constitutional issue Discussion of your research Clear statement of your proposed solution, with supporting argument Discussion of social policy implications of your solution Conclusion Reference page, using APA style
 

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Child Support and Incarceration Assignment

           Children play a crucial role in promoting the continuity of society. Their positive upbringing strengthened by financial, psychological, emotional, and physical parental support influences positive growth and development. Both parents or a single one should be present to ensure the right incentives are provided to a child. In case both are either deceased or mentally incapacitated to care for a child, then the state has the power to become responsible for the child’s needs. The above creates a picture of the law always ensuring that a child receives all the incentives to ensure positive development. Therefore, Section 228 of Title 18 associated with the United States Code is clear about child support enforcement. It makes it illegal for a person to fail to pay child support in specific circumstances willfully. 

           Circumstances may include a child living in another state and if the payment is past due for over a year. It should also not exceed $ 5,000. Any violation of the above provisions is treated as a misdemeanor and can attract fines and imprisonment of up to half a year. However, the natural circumstances can influence individuals to fail to initiate child support. Thus, understanding the connection between child support and incarceration creates a law-based solution framework that prevents individuals from ignoring their child support responsibilities.

Clear Statement of the Issue of Child Support and Incarceration

           As reiterated in the above segment, the United States Federal Law on child support enforcement clarifies its clauses. Its main focus is on the failure of individuals to pay their obligations regarding legal child support. Specifically, the United States Code Title 18, Section 228 provides the punishment involved when people ignore their legal child support obligations (The United States Department of Justice, n.d). The section makes it illegal for anyone to ignore paying child support willfully. However, it creates several circumstances involved in such an outcome. An individual can experience federal prosecution if they fail to willfully pay child support that a court orders him to do so. 

           In this case, the application of the section is when the child lives in another state that is different from the parent ignoring child support. Another circumstance involves a person having a payment beyond one year and is beyond $ 5,000. When the law is violated, it means that an individual has committed a misdemeanor, influencing six-month imprisonment. A criminal felony is experienced when failure to pay child support goes beyond two years and has exceeded $ 10,000 (The United States Department of Justice, n.d). The results include fines and two years imprisonment. Also, individuals with child support obligations are not allowed to cross from one state to another. The action is considered as a possibility of them fleeing the state. The same applies to them not leaving the United States. The federal government does not handle child support issues. Instead, local and state authorities are provided with this response. 

Presenting a Discussion on the Research

           Several issues have and continue to influence a possible failure of paying child support among some parents. To begin with, the law is not clear about parents registering their details in the case of giving birth. A parent can give birth to a child and escape responsibilities when they fail to give their details regarding the child's ownership. Such an issue can be experienced by individuals who give birth to children at home. When such an issue occurs, the parent can easily dump the child and fail to take responsibility. Also, many federal and state prisons ignore capturing the numbers of noncustodial parents with incarceration in local jails and fail to pay child support. For example, over 73,000 individuals have been incarcerated in local jails since 2013 (NCSL, 2019). 

           However, there is a lack of clarity regarding the number of these individuals involved in child support payments. Studies also show that many jailed inmates find themselves in bars due to civil contempt associated with the nonpayment of their children’s support. Individuals without employment positions may have problems providing basic needs for their children. The situation may see most of them facing conviction because of ignoring their child support. In such situations, the law may be unfair to such individuals despite categorically communicating parents' mandatory position and role on children.

Additionally, individuals can ignore their roles as parents if they secretly leave the country and the states where they have children. The court has the power to convict them, but it may take time before arresting someone. Hence, the situation has left many people free from complying with child support laws and regulations. 

Solution to the Issue

           To begin with, the prison system needs to be connected to the outside world. With prisoners and inmates placed in different work-related programs to rehabilitate them, they should also be allowed to earn something from the work they undertake. While they are learning new skills, both federal and state governments should understand that they have roles and responsibilities in supporting their families. Their reason for incarceration should not be considered an influential factor in denying them their rights to become the best parents for their children. Such programs ensure that they can care for their children’s needs while serving their time. 

           Nevertheless, it also presents them with an opportunity to prepare themselves to undertake societal challenges as they prepare to join their families. Another major approach is to ensure that there are ways of reducing incarceration for noncompliance related to child support. Removing barriers to employment among low-income families creates an opportunity for individuals to find sustainable ways of maintaining their families Rosenblum, 2021). The situation influences them to remain focused on providing for their families. The above is important because it creates a new perception of enabling a positive working relationship between spouses in taking care of a child’s needs. 

Social Policy Implications of the Solution

           The solution will only eliminate the possibility of incarceration among individuals, going against the issue of incarceration policies established by every state in the country. However, it will also motivate the government to continue working diligently to provide employment opportunities to different societal members (Ronsenblum, 2021). The focus will move away from incarceration to friendly strategies that look into protecting the parent from the implications of child support laws. Hence, it will mean more parents will have the capacity to provide for their children without fear that they can be incarcerated if they fail to do so. 

Conclusion

           In conclusion, Section 228 has shown its importance in protecting the needs and interests of children. The discussion has proved that the federal and state governments work collaboratively to ensure that children’s support is implemented through provisions under the policies and the U.S Constitution. Parents are not allowed to run away from their state and countries if they ignore their children’s needs. If they exceed $ 10,000 and $ 5,000, they can be jailed for almost two years. Such provisions are important, but they are not healthy. They are somehow unfair to the unemployed and underemployed parents. Eliminating poverty through creating jobs leads individuals away from incarceration because they can provide for their children.

Child Support and Incarceration Assignment Outline

  1. Introduction
  1. Children play a crucial role in promoting the continuity of society.
  2. Their positive upbringing strengthened by financial, psychological, emotional, and physical parental support influences positive growth and development.
  3. Both parents or a single one should be present to ensure the right incentives are provided to a child.
  4. It makes it illegal for a person to fail to pay child support in specific circumstances willfully. 
  1. Clear Statement of the Issue of Child Support and Incarceration
  1. As reiterated in the above segment, the United States Federal Law on child support enforcement clarifies its clauses.
  2. Its main focus is on the failure of individuals to pay their obligations regarding legal child support.
  3. Specifically, the United States Code Title 18, Section 228 provides the punishment involved when people ignore their legal child support obligations (The United States Department of Justice, n.d).
  4. The section makes it illegal for anyone to ignore paying child support willfully.
  1. Presenting a Discussion on the Research
  1. Several issues have and continue to influence a possible failure of paying child support among some parents.
  2. To begin with, the law is not clear about parents registering their details in the case of giving birth.
  3. A parent can give birth to a child and escape responsibilities when they fail to give their details regarding the child's ownership.
  4. Such an issue can be experienced by individuals who give birth to children at home.
  5. When such an issue occurs, the parent can easily dump the child and fail to take responsibility.
  1. Solution to the Issue
  • To begin with, the prison system needs to be connected to the outside world.
  • With prisoners and inmates placed in different work-related programs to rehabilitate them, they should also be allowed to earn something from the work they undertake.
  • While they are learning new skills, both federal and state governments should understand that they have roles and responsibilities in supporting their families.
  • Their reason for incarceration should not be considered an influential factor in denying them their rights to become the best parents for their children.
  • Such programs ensure that they can care for their children’s needs while serving their time. 
  1. Social Policy Implications of the Solution
  1. The solution will only eliminate the possibility of incarceration among individuals, going against the issue of incarceration policies established by every state in the country.
  2. However, it will also motivate the government to continue working diligently to provide employment opportunities to different societal members (Ronsenblum, 2021).
  3. The focus will move away from incarceration to friendly strategies that look into protecting the parent from the implications of child support laws.
  4. Hence, it will mean more parents will have the capacity to provide for their children without fear that they can be incarcerated if they fail to do so. 
  1. Conclusion
  1. In conclusion, Section 228 has shown its importance in protecting the needs and interests of children.
  2. The discussion has proved that the federal and state governments work collaboratively to ensure that children’s support is implemented through provisions under the policies and the U.S Constitution.

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