Samples Social Work Social Work and the Law

Social Work and the Law

432 words 2 page(s)

Equal Protection; 5th And 14th Amendments
These amendments of the US constitution have limited the power of the federal government to discriminate any one irrespective of their race, gender, class or religion. The Fifth Amendment requires that the state has no authority to deprive people of property, life of their liberty when they have not followed the due process of law. They should guarantee that all people receive the same protection under the specified laws. This means that the state shall treat all individuals equally regarding the law.

The fourteenth amendment has prohibited all states against violation of individual rights of the due process and protection for all. When dealing with employees, people applying for jobs or any other staff in the work place, the amendment has limited the power to discriminate against race, religion or gender. Before an employee contract is terminated, due process must be followed. The state laws ought to treat al people the same and in similar circumstances and conditions. The amendments prohibit the government from abuse of authority.

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Substantive and Procedural Criminal Law
Procedural criminal law analyses how the government in this case police and prosecutor relates with the individual in criminal law. It regulates the steps by which one who commits a crime is supposed to be punished. It is concerned with whether or not the due process steps which are required in the pre trial period were followed before one is convicted. The government is prohibited from intruding a person’s right when they charged or accused of crime. Procedural law has been derived from the fourth, fifth as well as 6th amendments of the US constitution.

Substantive criminal law are state laws which explains what is considered illegal and analyzes the punishment categories to be imposed for the violation. The law states what are crimes in addition to prescribing the penalty for committing the crimes. Functional criminal law is embedded in common law.

The Role of Social Work in Criminal Justice
Social workers are mainly found in juvenile justice and delinquency prevention. Social workers are trained to work withy young people and their families in which they take the role of counselors providing support and case management. They are instrumental in advocating for greater justice in the legal system. They ensure that children and youth who are involved in criminal activities receive a different treatment from the adults. They help i9n child custody and supervised visitation in which they are obliged to represent the best interests of the child. They also serve as expert witnesses and play a key role in custody decisions.