Essay on substantive and procedural due process

Their numbers have grown exponentially over the past century and now stand at hundreds of thousands nationwide. Under the criminal justice model known to the Framers, professional police officers were unknown. The courts of that period were venues for private litigation — whether civil or criminal — and the state was rarely a party.

Essay on substantive and procedural due process

Students writing in a second language are also faced with social and cognitive challenges related to second language acquisition.

L1 models of writing instruction and research on composing processes have been the theoretical basis for using the process approach in L2 writing pedagogy. However, language proficiency and competence underlies the ability to write in the L2 in a fundamental way.

Therefore, L2 writing instructors should take into account both strategy development and language skill development when working with students. This paper explores error in writing in relation to particular aspects of second language acquisition and theories of the writing process in L1 and L2.

It can be argued that a focus on the writing process as a pedagogical tool is only appropriate for second language learners if attention is given to linguistic development, and if learners are able to get sufficient and effective feedback with regard to their errors in writing.

Introduction The ability to write well is not a naturally acquired skill; it is usually learned or culturally transmitted as a set of practices in formal instructional settings or other environments.

Essay on substantive and procedural due process

Writing skills must be practiced and learned through experience. Writing also involves composing, which implies the ability either to tell or retell pieces of information in the form of narratives or description, or to transform information into new texts, as in expository or argumentative writing.

Perhaps it is best viewed as a continuum of activities that range from the more mechanical or formal aspects of "writing down" on the one end, to the more complex act of composing on the other end Omaggio Hadley, It is undoubtedly the act of composing, though, which can create problems for students, especially for those writing in a second language L2 in academic contexts.

Formulating new ideas can be difficult because it involves transforming or reworking information, which is much more complex than writing as telling. Indeed, academic Essay on substantive and procedural due process requires conscious effort and practice in composing, developing, and analyzing ideas.

Compared to students writing in their native language L1however, students writing in their L2 have to also acquire proficiency in the use of the language as well as writing strategies, techniques and skills.

They might also have to deal with instructors and later, faculty members, who may or may not get beyond their language problems when evaluating their work. Although a certain amount of consciousness-raising on the part of the readers may be warranted, students want to write close to error-free texts and they enter language courses with the expectations of becoming more proficient writers in the L2.

I argue that the process approach to instruction, with its emphasis on the writing process, meaning making, invention and multiple drafts Raimes,is only appropriate for second language learners if they are both able to get sufficient feedback with regard to their errors in writing, and are proficient enough in the language to implement revision strategies.

A brief survey of the nature of L2 writing and L1 models of the writing process illustrates why it is difficult to apply L1 research to a model for second language writing. Further, certain social and cognitive factors related to second language acquisition show that strategies involved in the language learning process also affect L2 writing.

With a discussion of these factors, fundamental questions about error in writing and L2 proficiency are raised. It should then become apparent that the process approach to writing instruction can only be effective if these two components are taken into consideration.

However, their purposes for writing are sometimes not the kind valued by Western academic communities. In addition, the culture-specific nature of schemata--abstract mental structures representing our knowledge of things, events, and situations--can lead to difficulties when students write texts in L2.

Knowing how to write a "summary" or "analysis" in Mandarin or Spanish does not necessarily mean that students will be able to do these things in English Kern, As a result, any appropriate instruction must take into consideration the influence from various educational, social, and cultural experiences that students have in their native language.

In addition to instructional and cultural factors, L2 writers have varying commands of the target language, which affect the way structural errors are treated from both social and cognitive points of view. Much of the research on L2 writing has been closely dependent on L1 research.

Although L2 writing is strategically, rhetorically, and linguistically different in many ways from L1 writing Silva,L1 models have had a significant influence on L2 writing instruction and the development of a theory of L2 writing.

However, a look at two popular L1 models will give us some insight into the problem of developing a distinct construct of L2 writing. It examines the rhetorical problem in order to determine the potential difficulties a writer could experience during the composing process.

The "problem-solving activity" is divided into two major components: However, the social dimension is important too.

Indeed, writing "should not be viewed solely as an individually-oriented, inner-directed cognitive process, but as much as an acquired response to the discourse conventions.

In more recent studies that examine the goals students set for themselves, the strategies they use to develop their organizing of ideas and the metacognitive awareness they bring to both these acts, Flower and her colleagues analyze the academic task of reading-to-write to establish the interaction of context and cognition in performing a particular writing task.

One of the problems they note is the transition students are required to make when entering the academic discourse community a peculiar, socially constructed convention in itselfwhere students need to learn how to operate successfully in an academic conversation that implies knowledge of the textual conventions, expectations, and formulaic expressions particular to the discourse.

In the social cognitive curriculum students are taught as apprentices in negotiating an academic community, and in the process develop strategic knowledge.Wake Forest Law offers a variety of courses in many areas of legal theory and practice.

Below you will find a complete course listing. You can also find lists of courses that satisfy the Experiential Learning Requirement, Legal Analysis, Writing, and Research III Requirement, and Legal Analysis, Writing, and Research IV Requirement.. sort by . Procedural due process stems from the fifth amendment of the constitution of the United States, which protects individuals and offenders from "self-incrimination" in many cases and protects individuals from being tried more than once for a specific crime (Kubasek, Brennan & Browne, , p.

). Substantive due process and procedural due process. Discuss/explain the difference between substantive due process and procedural due process.

Key Differences Between Procedural Law and Substantive Law The History of Autonomy a. Before Kant The roots of autonomy as self-determination can be found in ancient Greek philosophy, in the idea of self-mastery.

Importantly, for each type of due process, use at least one example from your personal experience or knowledge and one example from any case in . Published: Mon, 5 Dec Public health, the new ideology may be taken to mean the promotion of healthy lifestyles linked to behaviour and individual responsibility supported by government action; whereas traditionally the description tended to relate more to sanitary reform and ‘healthy conditions’.

To start your study you have to fill out a Psychological Risks to Researching Individuals form that indicates you are aware of the harm possibly incurred by interacting with the IRB and that you accept all psychological liability incurred by you or your associates during the process of wading through the hellish morass created by the IRB.

Autonomy. Autonomy is an individual’s capacity for self-determination or self-governance.

Essay on substantive and procedural due process

Beyond that, it is a much-contested concept that comes up .

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