Montessori Principles and Philosophy Essay Example
Montessori Principles and Philosophy Essay Example

Montessori Principles and Philosophy Essay Example

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  • Pages: 10 (2520 words)
  • Published: September 29, 2016
  • Type: Case Study
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The right to counsel is a privilege granted to citizens by both the United States Constitution and the Bill of Rights. This privilege is explicitly stated in the 6th and 14th Amendments of the United States Constitution, while the 5th Amendment affords individuals protection against self-incrimination. Although these amendments convey a similar idea, they employ different language to address distinct situations. For example, the 5th Amendment,

The Fifth Amendment establishes various rights for individuals accused of serious crimes. It declares that they cannot be charged without a grand jury, except in specific military or militia situations during war or public danger. Additionally, they possess the privilege to avoid being tried twice for the same offense, not to incriminate themselves, and to have proper legal procedures followed when their life, liberty, or property is at risk. Moreov

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er, private property cannot be seized for public purposes without fair compensation ("Fifth amendment: an," n.d., para 1). When questioned in certain situations that may lead to self-incrimination, offenders often assert their right to remain silent under the protection of the Fifth Amendment.The mentioned strategy allows the accused to be questioned by their own legal counsel and choose not to answer cross-examination questions that may provide evidence of connection to the charge. This approach has both positive and negative effects. Juries prefer hearing from the defendant, listening to their statements, and observing their body language. However, if the defendant refuses to testify in their own defense, doubts arise regarding their guilt or innocence, despite the evidence they must follow.

Originally applicable only in federal cases, the principles of the 5th Amendment were expanded to include the 14th Amendment by the

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U.S. Supreme Court due to considerations of Due Process. Ratified on July 9, 1886, this amendment guarantees protection for "all persons born or naturalized in the United States," including recently freed former slaves. It also prohibits states from depriving any individual of "life, liberty or property without due process of law" or denying equal protection under the laws. By explicitly mentioning states' role, it significantly expands civil rights protection for all Americans and is often referred to in legal cases ("14th amendment to," n.d., para 1).

Over time, adjustments and modifications were necessary for the initial efforts to grant individual freedoms to the general public. These freedoms had limitations and exceptions, which led to the establishment of standards for law enforcement in order to safeguard them. With the intention of ensuring the right to counsel, the 6th Amendment was created anticipating future amendments like the 14th Amendment that protect due process rights. This specific amendment sets boundaries within the justice system by protecting people's right to proper legal representation. It guarantees a prompt and public trial, an impartial jury, knowledge of charges, confrontation with witnesses, access to favorable witnesses, and assistance from defense counsel. The implementation of this amendment laid a foundation for courtroom procedures that have evolved alongside society.

The 6th Amendment guarantees the right to an impartial jury in the location where the crime was committed. However, in high profile cases influenced by media attention, it may be impossible to find an impartial jury. In such cases, a change in venue can be requested if no impartial jury is found.

The question of when the right to counsel applies has

also been debated. In Brewer v Williams (430 U. S. 87 1977), it was determined that the right to counsel becomes applicable once proceedings against the accused have begun, such as arrest, arraignment before a judge, or being remanded to jail by the court. However, there have been instances where this provision has been disregarded, with Brewer v Williams being one example.

It is important to note that the right to counsel extends beyond just hiring or being appointed proper representation; it also includes the ability of the accused to represent themselves.

The Court has determined that under the Sixth Amendment both providing or choosing legal representation and allowing self-representation are ensured rights.

The defendant's right to represent themselves in court requires a conscious and intelligent decision. However, there are circumstances where the judge may deny this right. Denial can occur if the defendant is unable to make an informed choice or if their self-representation disrupts proper procedures, resulting in limitations imposed by the judge. It is important to note that this right only applies during the trial itself; there is no constitutional right to represent oneself during the direct appeal process after a criminal conviction ("Self-representation," n. d., para. 1). Nevertheless, choosing self-representation has consequences, such as being unable to appeal based on inadequate counsel or claiming that chosen counsel hindered the right to effective assistance ("Self-representation," n. d., para. 1).

To make an informed decision about self-representation, it is crucial to fully understand the charges, the law, and one's ability to effectively represent oneself. It should be noted that when representing oneself, there is the option to testify on one's

own behalf. The case of McKaskle v. Wiggins (465 U. S. 168 1984) established a precedent for using standby counsel in self-representation cases. Standby counsel refers to a lawyer appointed by the court to assist with self-representation. In this specific case, the defendant was allowed to represent himself in a robbery trial but had standby counsel appointed for assistance. Throughout the trial, the defendant frequently changed his mind about involving counsel.

After being convicted, the respondent attempted to obtain a new trial by arguing that his standby counsel had interfered with his ability to present his own defense. However, this attempt was unsuccessful. Following reviews by the appellate court and state habeas corpus proceedings, the respondent filed a habeas petition in Federal District Court. He claimed that his standby counsel's behavior violated his right to present his own defense as guaranteed by Faretta v. California, 422 U.S. 806. The District Court rejected the petition, but the Court of Appeals overturned this decision, stating that the respondent's Sixth Amendment right of self-representation was violated due to excessive actions taken by his standby counsel" ("Mckaskle v. wiggins," n.d., para. 1).

In summary,

The justice system is an ongoing process that consistently evolves and amends laws to protect human rights and ensure effective prosecution. As society progresses, crimes become more serious and overall crime rates rise, prompting lawmakers to tirelessly work towards safeguarding our nation and preserving our freedom. The research conducted resulted in many unforeseen cases. Striking a balance between closing legal loopholes and respecting constitutional rights is unquestionably difficult. The future is dynamic and ever-changing, requiring the adaptation and advancement of laws that

define what is legal and sometimes morally acceptable.

These periods are:

The following factors contribute to a child's development: sensitivity to order, learning through their five senses, sensitivity to small objects, sensitivity to coordination of movement, sensitivity to language, and sensitivity to the social aspect of life.

Order sensitivity is an important factor to consider.

The sensitive period for order starts from birth and peaks between 18 months and 2 1/2 years, lasting until age five. Throughout this time, children show a strong inclination towards consistency and repetition. They express their need for order by returning objects to their designated locations and reacting negatively or becoming upset in unfamiliar situations or with unfamiliar individuals. Conversely, they display a positive attitude when in familiar surroundings. The child has both an external and internal sense of order, with the external aspect being their interaction with the environment.

Having an external order in their environment is important for children as it helps them establish internal order. When there is an appropriate place for everything, children become aware of the different parts of their own body and their positions. A child's sense of order is based on a perfect environment; when order exists, a child categorizes and becomes aware of their own world. The child's need for order becomes evident from 1 ? years old, as they handle their own environment and develop skills to move objects from one place to another.

The child's need for order surpasses the adult's understanding of the concept. According to nature, young children possess an innate ability to recognize order, which is established through an inner sense of the

relationship between things rather than the differences between them. This enables them to perceive their environment as a cohesive whole with interconnected parts. Only in such an environment can a child orient themselves and engage in purposeful actions. Without this foundation, their perception of relationships would be lacking, similar to having furniture but no house to place it in.

Learning can occur through the use of our five senses.

In the early years, babies and toddlers use their senses to learn about the world. It is important for parents to give them plenty of chances and time to do this type of learning and help them with this important task. Dr. Montessori stressed how important it is to teach children to make judgments using their five senses. Children are naturally curious about their surroundings and they explore by relying on their senses.

Exploration during this stage is crucial for children as it aids in their neurological and thinking development, contributing to their perception. Children use all five senses - visual, tactile, auditory, gustatory, and olfactory - to examine object qualities using various materials. Experimenting with objects and physically interacting with them brings pleasure and stimulates their minds while fulfilling their desire for diverse experiences. Educating the senses can start early and continue throughout a child's formative years to prepare them for the future.

The text below discusses the sensitivity to small objects.

Sensitivity to small objects

Between the ages of 2 and 2 ? years, children experience a strong inclination to focus on little objects. This sensitivity plays a vital role in their development and enhancement of

observational skills. Additionally, it allows them to concentrate on their reasoning abilities and gain knowledge in particular tasks.

During this sensitive period for small objects, children develop the ability to move towards objects that attract them. They may crawl or walk towards these objects on their own. It is fascinating to observe that children are particularly drawn to the smaller details. However, once they enter a self-interpretive environment, this sensitivity diminishes. It is worth noting that this sensitive period for small objects coincides with the development of their movement skills and the coordination of their pincer movements.

In terms of movement, being sensitive to coordination is important.

Between the ages of 2 to 4, a child's development heavily relies on movement. It takes several years for coordination to develop after birth, and nature facilitates this process by providing various capacities and potentials. Eventually, coordinated movement becomes possible as physical and intellectual aspects merge.

Sensitivity towards language

Language sensitivity emerges between the ages of 1 and 3, lasting until age 6. During this time, infants are particularly captivated by human faces, especially the speaker's mouth. Although they hear different sounds around them, they do not mimic them. This indicates that infants find joy in the cadence of human voices and have a deep fascination with spoken words. As children are in a critical stage of developing their absorbent mind, it is essential for us to optimize their growth during this period. A specific aspect where sensitivity is heightened is their understanding of social interactions.

From ages 2 to 6, children prioritize building friendships and forming relationships with their peers, which

teaches them about the importance of teamwork. The child's natural sensitivities help determine what they focus on and what is beneficial for their growth. This guidance helps develop the child's awareness of certain aspects while disregarding others. Losing sensitivity towards order makes it difficult for a child to understand their place in the world and create a mental picture of it. Additionally, without access to an appropriate environment, a child's learning process becomes challenging. Insufficient resources hinder mental development and result in poor concentration skills as well as difficulty making judgments or comparisons.

The observation of the environment and learning are hindered when a child loses sensitivity to small objects. Coordination of movement is essential for developing gross and fine motor skills, enhancing physical development, and refining movements through activities such as walking, crawling, talking, dancing, and climbing. Communication and expression of emotions rely on language sensitivity, so difficulties in learning their native language and loss of confidence can occur if the appropriate environment is lacking.

The absence of a suitable environment and understanding of the unique aspects of life can result in children feeling lonely and seeking attention from parents or caretakers, causing them to become unfriendly and isolated from society. The preparation of a Montessori classroom is closely connected to a child's sensitive periods, which are crucial for their development. This preparation establishes the groundwork for future learning during these periods by enabling teachers to identify them and provide materials that aid in the child's growth. Creating an ideal classroom environment is a vital responsibility for Montessori teachers as they must comprehend their relationship with the children and continually gain realistic

insight into themselves. By investing time and effort into preparing the classroom while considering a child's sensitive periods, teachers will witness thriving children. It is crucial for Montessori teachers to approach children with humility and foster their desire and ability to observe them.

In a Montessori classroom, the teacher's main responsibility is to closely observe the children and allow them the freedom to choose their own tasks. This allows the children to work at their own pace and repeat activities as desired. The freedom of choice is important for two reasons: it allows children to express themselves fully in an unrestricted environment, and it plays a crucial role in their psychological development by allowing teachers to observe them in a free and open setting.

To promote a child's natural self-development, it is essential to establish an environment that fosters independence. The child should be encouraged to engage in activities that nurture independence and only receive help when absolutely required. In a classroom setting, incorporating practical materials not only enhances the child's physical movements but also improves their focus on the task.

A calm and organised classroom is essential for children to know where each object belongs and to develop a sense of order. The teacher's responsibility is to ensure that every piece of material is always stored in the correct place. This promotes a sense of organization and enables children to independently engage in their activities. By providing sensorial materials such as knobbed cylinders, pink tower, broad stair, and long rods in the classroom, children can engage in intellectual activities, language development, and enhance fine motor skills for writing.

Language inside the classroom should also be prioritized as children acquire essential skills through communicating with the outside world. In the Montessori approach, the emphasis on moral and spiritual development is consistent with other aspects of a child's growth. This involves appealing to their intellect and psychological traits that align with their current stage of development. In the second stage, teachers encourage children's logical thinking and curiosity about society and its contributors, while also instilling values like compassion and gratitude.

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