Assignment
You must draft and submit a position paper either defending or opposing the following position: “The current U.S. public health crisis, as evidenced by well-documented increase in deaths, injuries, and societal/individual costs resulting from gun violence, counterbalances an individual’s Second Amendment’s Constitutional gun ownership rights and justifies an increase in gun ownership, possession, and use restrictions (e.g., laws, regulations, policies).”
Defend position – Society, acting through the government, has sufficient ethical and legal authority and a compelling public health interest, right, and obligation to limit an individual’s gun rights under the Second Amendment.
Oppose position – Society, acting through the government, does not have sufficient ethical and legal authority or compelling public health interest, right, or obligation to limit an individual’s gun rights under the Second Amendment.
Scenario
In the United States, on average guns kill almost 30,000 people and cause 60,000 injuries each year and gun violence remains its leading cause of premature death.
In your readings, you learned of controversial policies and strategies to address gun violence in the U.S. For example, many cities have attempted a community approach of “gun buy-back” programs. Hartford, CT, reported that even though 464 firearms were collected over a four-year period, only a small percentage of firearms were collected compared to the number of firearms sold.
It has become evident that there needs to be a comprehensive public health approach to address this growing crisis. The issue of gun violence is even more exacerbated, and complex given the increase in acts of terrorism. Federal, state, and local governments are restricted from banning or unreasonably limiting the right of Americans to own guns by the Second Amendment to the U.S. Constitution. The courts, however, have long held that this right is not absolute but subject to reasonable time, place, and manner restrictions. The issue then becomes what constitutes “reasonable” restrictions compatible with Constitutional protections and otherwise acceptable to the American public, federal and state legislatures, and, most importantly, the reviewing courts. This causes a tension in the protection of individual gun ownership rights and societal rights to ensure public health. We see this tension played out in our communities where there are both “zero tolerance” restrictions for firearms and weapons in public schools, in public buildings, and on airplanes while at the same time tolerance for gun possession at home and, in some areas, authorized open carry, including public university school campuses.
As noted in your readings, there appears to be a change in attitude towards increased gun control. For example, to reduce violence and save lives, New York City had adopted a “Stop, Question, and Frisk” policy that authorized police officers to stop and question a pedestrian and frisk for weapons and other contraband. However, on August 12, 2013, a U.S. District Court Judge ruled that the stop and frisk practice (not the law itself) was unconstitutional and directed NYC to adopt a written policy to reduce impermissible discriminatory police officer discretion. This illustrates the “checks and balances” of our political and legal systems and the inherent difficulty of trying to impose restrictions on a fundamental Constitutional right. So, while Second Amendment ownership rights are subject to “reasonable” time, place, and manner restrictions, the issues become what is reasonable and who decides? This is your task for this assignment.
Assignment Instructions
Paper must demonstrate and reflect critical thinking and analysis in your discussion. In other words, you must persuade your reader that your stated position is accurate, effective, and defensible. Your focus is to address the issue from a public health perspective addressing the relevant factual data and identified ethical and legal frameworks to arrive at your recommendation(s) and conclusion(s). I am not looking for an in-depth legal analysis of the U.S. Constitution and/or the law surround “stop and frisk” policies, although you will have to discuss and cite relevant laws and case law in your analyses
Gun Violence and Public Health Position Paper
Date:
Name:
Subject: [Position Paper: Pro-Gun Regulation for Public Health Purposes [“Position
Paper: Anti-Gun Regulation for Public Health Purposes]
1. Position Statement.. [“In response to the current U.S. gun violence public health
crisis, society [does]/ [does not], acting through the government, has sufficient legal
and/or ethical authority to limit an individual’s gun rights under the Second Amendment
to the U.S. Constitution.]
2. Facts. [Provide a succinct summary of relevant facts, specifically the facts pertaining
to gun violence and healthcare costs in the U.S. (e.g., number of guns in circulation,
number of gun-related incidents, resulting healthcare and other costs). Use your course
textbook or other sources, ensure you include both sides, and always ask yourself, if I
were new to this issue what basic facts would I want/need to know? Always assume
your intended reader has no prior knowledge of the issue and it is your job to briefly
summarize what they need to know to make an intelligent decision and (hopefully)
agree with and support your position.
3. Analysis
Legal Issue(s) Analysis. [Identify and address all relevant and applicable
Constitutional, statutory laws, and reported cases that support that your policy position
and why. Also identify and address all relevant and applicable Constitutional, statutory
laws, and reported cases that do not support or are contrary to your position and explain
why and how they could or should be interpreted or changed to address the current
gun-related healthcare crisis and comport with your position.
Ethical Issue(s) Analysis. [Using your first written assignment as a template identify
and discuss at least three applicable course Universal Values and identify and apply at
least one course ethical decision-making model supporting your position. In doing so,
ensure you describe the model, explain why this model is useful to the scenarios ethical
dilemma, fully list the models framework steps, and conduct your critical thinking
analysis by thoroughly assessing each individual step. These individual framework step
assessment are the most important part of your ethical decision-making model analyses
so take your time and make them the focus of your effort.
For your ethical issue(s) analysis, to keep you focused and organized and to make your
analytical process clear to your intended reader, structure it this way:
“The issue is whether the proposed Wellness policy is ethical. The accepted 8-step
ethical decision-making process is. . ” [list and then address each step using the
scenario facts] [NOTE: You already have this from your first assignment so just cut-andpaste it here].
Three Universal Ethical Values applicable and relevant to this situation are [list each
value].
The first ethical value for consideration is [state value]. This value requires . . . Applied
to this situation, the proposed unauthorized disclosure of patient information, application
of the value results in [state your assessment and analysis of the value vis-à-vis the
scenario facts.
Repeat for the remaining two Universal Values.
[New paragraph] An applicable decision-making model for this situation is. . . [ethical
decision-making model] because. . . [describe how this model is helpful for this
situation]. Its X-step framework is. . .[completely list its steps] [NOTE: You already
have this from your first assignment so just cut-and-paste it here].
[New paragraph] For Step 1 we must consider/determine/address. . . [Then fully
address this step and its requirements, issues, etc. using scenario facts, outside source,
etc. to conduct your analysis.]
NOTE: These individual framework step assessment are the most important part of your
ethical decision-making model analyses so take your time and make them the focus of
your effort. In other words, your focus of effort in your ethical analyses should be your
framework steps-to-fact assessments. Take your time and provide a thorough and
balanced assessment of each framework step. As a guide, each of these framework
step analyses should be a separate 3-5 sentence paragraph.
Repeat this process for each of the remaining steps.
Finally, does the ethical decision-making models results align with your Universal
Values results? [It should].
For an example of how to do all this, read and comply with my course Written
Assignment Guidance, specifically the Practice Tip: Ethical Model Analysis located in
the Getting Started Module.
4. Conclusion(s). [Provide 1 to 3 concise and specific issue conclusory bullets or short
sentences. These conclusions must be based on your above ethical and legal analyses.
Do not introduce any facts or issues not previously addressed above. Your
conclusion(s) must be consistent with your stated position and ethical and legal
analyses.
5. Recommendation(s). [Provide 1 to 3 concise and specific issue conclusory bullets
or short sentences. Your recommendation(s) must be based on and supported by your
above recommendations which are, in turn, based on and supported by your above
ethical and legal analyses. Do not introduce any facts or issues not previously
addressed above. Your recommendations must be consistent with or implement your
stated position, ethical and legal analyses, and conclusion(s). .
6. References
[Properly cite all of your supporting ethical and legal references in this section].
[NOTE: Ensure you conduct a thorough pre-submission review, edit, and spelling
check]
1. Executive Summary. [Provide a concise, one-line summary statement of issue, In
this case use the following ” Does the organization have the legal right and ethical
authority to disclose Patient As personal health information without her knowing and
voluntary consent?”];
2. BLUF – Bottom Line Up Front. [Provide a concise answer to the Executive
Summary For example Yes, release of the patients personal health information is
both legal and ethical or No, the release of Patient As personal health information is
neither legal not ethical, or any combination thereof. Do not expand or provide
justification for your position this will covered in your section 4 analysis sections
below. Note: this should be your last step because it is a one-line summary of your
conclusion(s) and recommendation(s) which can only be properly determined and
completed only after your conduct your section 4 ethical and legal analyses].
3. Facts: [Provide a succinct summary of relevant facts from the assignment scenario.
Ask yourself, if I were new to this issue and had not read the proposed policy what basic
facts would I want/need to know? Always assume your intended reader has no prior
knowledge of the issue and it is your job to briefly summarize what they need to know to
make an intelligent decision here release or not release the information.]
4. Analysis
[Your analysis section, comprised of separate analyses addressing potential ethical and legal
concerns, must answer and thoroughly explain the question whether the employer can or should
(sometimes two different things!) legally and ethically implement the proposed plan and, most
importantly, why or why not? Reminder this must be an objective assessment based on
recognized ethical values, assessment processes, and decision-making models and not a mere
reflection of your personal, subjective opinion, likes, or dislikes concerning the terms and
conditions of the proposed policy from an employee perspective.]
Part A. Legal Issue(s) Analysis Identification and Analysis
[In this section, you must determine whether the information Patient A provided to the
hospital staff is legally protected from unauthorized disclosure. What federal law, if any,
addresses this issue? If you identify an applicable law, state its full name and provide a
proper legal citation. What section or rule address hospital patient information be
specific. What does information does the law protect and how does it protect that
information again, be specific. Identify and thoroughly assess any potential exceptions
and determine if any exceptions apply in this case and specifically why or why not?
Finally, identify the potential legal risk(s) to the hospital if the law is violated by an
unauthorized release of patient As information. For example, would the hospitals Board
of Directors or other staff members (including yourself) risk potential civil liability ($$)
and/or criminal prosecution with resulting fines and imprisonment?
Part B. Ethical Issue(s) Identification and Analysis
[In this section you will address, identify, objectively assess the ethical issues raised by
this proposed policy to determine whether the unauthorized release of Patient As
medical information would be ethical defendable. .
Using your first written assignment as a template, start by listing the courses eight
steps of the ethical decision-making process, identify and discuss at least three
applicable course Universal Values, and identify and apply at least one course ethical
decision-making model relevant to this scenario. In doing so, ensure you describe the
model, explain why this model is useful to the scenarios ethical dilemma, fully list the
models framework steps, and conduct your critical thinking analysis by thoroughly
assessing each individual step. These individual framework step assessment are the
most important part of your ethical decision-making model analyses so take your time
and make them the focus of your effort. For an example of how to do this, read and
comply with my course Written Assignment Guidance, specifically the Practice Tip:
Ethical Model Analysis located in the Getting Started Module.
Be thorough and specific in your analyses. Ensure your answer and thoroughly explain
the question whether the employer can or should ethically implement the proposed plan
and, most importantly, why?) Note: Do not work backwards by chosen an ethical
decision-making model that supports your subjective opinion concerning the proposed
policy. You are conducting an objective assessment so ensure you address both the
employee and employer perspectives working fully, objectively, and fairly to justify,
support your ethical issue(s) analysis result to answer the question. This may mean the
models may provide conflicting results that, unfortunately, is life. You, as the educated
assessor have to weigh, balance, and decide on a recommended best course for the
hospital and the patient.
5. Conclusion(s)
[In this section you provide your concise and specific issue conclusions based solely on
and supported by your above ethical and legal analyses. Basically, you succinctly are
answering your Executive Summary and justifying your BLUF. Note: You must not add
any new facts, information, or analyses here and your conclusion(s) must be supported
by your assessments above.
Example: For the above stated reasons, Patient As information should be released to .
. . because . . . (summarize rationale)
6. Recommendation(s)
[In this section you are providing specific actionable recommendations to the hospital.
Release, not release, or partially release Patient As information to . . .
Note: Your recommendation(s) must be supported by and based on your conclusion(s)
which, in turn, must be supported by and based on your analyses that are a result of
you applying the rules (ethics and law) to the scenario facts provided.]
7. References
[Properly cite all of your supporting ethical and legal references in this section].
[Note 1: It is not enough to merely identify the issues and then task your
superiors with conducting the hard analyses that is your job to do the hard
work, assess the risks, reach the correct and supported conclusions, and make
the appropriate recommendations.]
[Note 2: Ensure you conduct a thorough pre-submission review, edit, and spelling
check]
