Sunday, December 29, 2019

Mandatory Sentencing For Non Violent Crime - 1050 Words

As far as alternatives go, there are several things that need to be addressed to improve and fix this overcrowded problem. There is no one reason for the overcrowding within the prison system and one has factored in all reasons that can lead up to the cause of overcrowding in order to find a solution to this tremendous issue. Mandatory Sentencing To begin, mandatory sentencing for non-violent and drug- related crimes should be eliminated. This law was established to dispose of the drugs masters and to reduce the selling of drugs in neighborhoods. However, this resulted in an adverse effect; with nonviolent drug and first time offenders getting brutal sentences expanding the prison population. Non-violent crime should be dealt with†¦show more content†¦As agreed by Prisons: Problems and Prospects Prisons and the War on Drugs, â€Å"incarceration rates for murderers, robbers, and burglars have remained steady over the years, but the number of drug offenders who have been imprisoned has steadily escalated†. The â€Å"war on drugs† has, for the most part, added to prison overcrowding. However, it has particularly extended the degree of minorities who are sent to prison. Further readings by Nathan James (2016), â€Å"mandatory minimum penalties have contributed to the growing federal prison population†. In addition, this report also added some alternative to this development problem, â€Å"Even if Congress chooses not to repeal any mandatory minimum sentences, policymakers could review current mandatory minimum penalties to ensure that they are (1) not excessively severe, (2) narrowly tailored to apply only to those offenders who warrant such punishment, and (3) applied consistently† (James, 2016). â€Å"(1) Today narcotics offenders occupy 61% of the beds in federal prisons. (2) Meanwhile, 1 in 7 state facilities continues to operate beyond capacity. (3) Ohio leads the pack with a stunning 182% of capacity† (Smolowe, 1994). There are a number of issues that added to development in the prison system. I. Mandatory Sentences II. More offenders being arrested for non-violent crimes III. Parole Practices The most effective method to diminish prison overcrowding I. Termination ofShow MoreRelatedThe Mandatory Minimum Sentencing Laws1613 Words   |  7 PagesCurrent mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safetyRead MoreMandatory Minimums And The United States Justice System1007 Words   |  5 Pagesprominent. Mandatory minimums are just one example the of injustice in our justice system. The Supreme Court has â€Å"†¦casted doubt on the constitutionality of the federal sentencing guidelines used for nearly two decades† (Kenneth Jost, 2004), despite this, nothing has been done to correct it . And while the idea of mandatory minimums is a good thing, they don’t work in the American justice system or in current American society. Mandatory minimum sentencing is the minimum time for certain crimes, usuallyRead MoreEssay about Negative Consequences of Mandatory Sentencing747 Words   |  3 PagesNegative Consequences of Mandatory Sentencing In recent years several mandatory sentencing laws have been put into motion. The original goals of the mandatory sentencing laws were to stop repeat offenders and to exhibit a get tough attitude on crime. These laws have not been working as intended, instead mandatory sentencing has led to some unfortunate consequences. Some of these consequences are overcrowding in prisons and less prison based rehabilitation. Mandatory sentencing laws do not narrowlyRead MoreThe War On Drugs And Mandatory Minimum Sentencing Laws1468 Words   |  6 PagesWhy are so many violent criminals walking free while so many non-violent offenders are locked up? Although various aspects have fueled this inequity of justice, the factors that have contributed the most to this development are, undoubtedly, the War on Drugs and mandatory minimum sentencing laws which have led to punishment disproportionate to the offense. 59% of rape cases and 36.2% of murder cases in the United States are never solved. In 2011, less than half of all violent crimes committed foundRead MoreThe Mandatory Minimum Sentencing Laws1528 Words   |  7 PagesCommon crimes in the judicial system include drug offenses, firearm offenses, and sexual assault, and the depending on the judge the repercussions could vary. To have unvaried penalties, mandatory minimum sentencing laws were enacted. These laws help keep citizens protected, while criminals are incarcerated. John Oliver, the host of Last Week Tonight with John Oliver, talks about how mandatory minimum sentencing increases the number of criminals incarcerated, and he believes the length of their prisonRead MoreMandatory Sentencing For Minor Drug Offences957 Words   |  4 Pagesdollars later, we are still fighting this war (Branson). All that we have to show for this war is drugs running rampant and tons of citizens incarcerated. Mandatory sentencing for minor drug offen ces should be overturned due to overflowing prisons, damaging families, and the scare tactic it was created to be has failed. Due to mandatory sentencing for minor drug offences, the American prison system is overflowing with inmates. According to E. Ann Carson, a Statistician for the Bureau of Justice StatisticsRead MoreCriminal Justice Outline1660 Words   |  7 Pagesroles c. Sentencing – 3 types Sentencing a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people from committing it again Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks c. Fines and minimums Mandatory sentencingRead MoreMandatory Minimum Sentencing On Violent Crimes Essay1492 Words   |  6 PagesJ’son West Nov. 12. 2016 CJ 202 Canon Mandatory Minimum Sentencing on Violent Crimes Crime in America is growing at a substantial rate and repeat offenders are playing a huge roll in this growth. Mandatory minimum sentences, first established in Connecticut in 1969 and expanded throughout the 1980s and 1990s, exemplify a shift in public policy to impose a specific amount of imprisonment based on the crime committed and the defendant’s criminal history, and away from other individual offender characteristicsRead MoreIs The Mandatory Minimum Sentencing Law?1593 Words   |  7 Pagesjustice system, this law is called the Mandatory Minimum Sentencing law. It has been around since the late 18th century, but did not start affecting drug possession until mid 20th century. Mandatory Minimums were initially designed to have a â€Å"cookie cutter† way to sentence violent offenders, but now has a role in sentencing drug offenders as well. Mandatory minimums have been wreaking havoc on the prison systems for years by giving first offense, non-violent, drug offenders outrageous sentences.Read MoreThe Flaws of Incarceration in America Essay1366 Words   |  6 Pagesfails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism. The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws

Saturday, December 21, 2019

Friendship Essay Where Would I be Without Friends

My personal definition of friendship is it is the people you surround yourself with, have an amazing time with and laugh with. There are several qualities that go into a good friendship. There are often times when friends drift as well. My Friendships have played an extremely important role in my life. I do not know where I would be without my friendships. Friends to me are the people you know and enjoy being around and talking to. There are the best friends that are usually closer than the others and you are always with. What I find most important is being able to laugh at anything with them and share common interests in humor. There has been much crazy, fun, maybe embarrassing memories that I have had with my friends. The best is when†¦show more content†¦Whether it’s the ones you do pour your feeling with or just sit in class and compare answers with they are friends and that’s very important. There are so numerous special qualities to good friendship, quali ties that I believe I have put in my friendships as well. One quality is to be able to trust them. For example, knowing that they will be there when you need them or just remembering things. Knowing that they will be there is also another quality. For example, having each other’s backs no matter how intense or stupid there situation or choices might be. Being able to listen ties in with having each other’s back too. Understanding what one is going through and being able to listen and giving helpful advice in return or just simply listening is another good quality. There are constantly going to be changes whether they are negative or positive. This can result in maybe losing a friend, but always making new ones. It makes me sad sometimes when I think of friends who I no longer talk to or have just drifted. Despite that it is good to know that the friends you have now will be there for you. My friendships have played one of the most important roles in my life. I have alw ays had friends that have been there for me through everything. Whether it is something as simple as providing me with a ride to being there through a very rough time I have always had friends there for me. It might have been something I even took for grantedShow MoreRelatedPsychology Tma021554 Words   |  7 Pagesapproach to studying children’s friendships taken in the Bigelow and La Gaipa (1975) study with that taken by William Corsaro. In this essay you will read about the many similarities and differences of the study and research of children’s friendships expectations, which were approached by Bigelow and La Gaipa (1975) and William Corsaro (2006). Firstly I will introduce both of the different approaches and methods and I will then later go into the results of their work. I will later go on to talk aboutRead MoreFootball And Aristotle s Philosophy Of Friendship880 Words   |  4 Pages Friendships are a main aspect of what we seek for in life, for Aristotle says that â€Å"without friends, no one would choose to live,† (Football and Aristotle s Philosophy of Friendship, Pg 32). Through excerpts from Gallagher’s â€Å"Football and Aristotle s Philosophy of Friendship†, McMahon’s â€Å"Seinfeld Subjectivity, and Sartre,† Condella’s â€Å"Why can’t we be virtual friends,† and finally Thalos’ â€Å"Why I am not a friend,† we can determine the reasons why we hold friendships so dearly to us. In Gallagher’sRead MoreMorrison and the Adventures of Huckleberry Finn1181 Words   |  5 PagesRachel Crawford ENGL 222 Dr. Perrin 12 February 2013 Morrison and The Adentures of Huckleberry Finn In Toni Morrisons essay about The Adventures of Huckleberry Finn, she discusses the racial problems and the use of the word â€Å"nigger† in the book. Morrison talks about the word embarrasses, bored, and annoyed her, but that â€Å"name calling is a plague of childhood†. She also talks about how there is a fatherhood issue throughout the book. She talks about how Huck cant settle down anywhere. He isRead MoreHow Friendship Can Not Be Defined Because No One1627 Words   |  7 Pages In this essay I will talk about how the term â€Å"friendship† cannot be defined because no one can judge other people’s personal value of what a friend is to them. Friendship is used in many contexts because of technology and how it is used from different levels of personal, formal, and informal meaning I believe that â€Å"friendship† can be on all three levels. The personal level is the friends who are intimate with you. The personal term for friendships is â€Å"i ntimacy†. The second level that I believe theRead MoreThe Pros And Cons Of Communication Technology1354 Words   |  6 Pageswith family and friends both in the same town and across the world. It has become next to impossible for the average individual in America to go one day without communicating via text, email, or through one of the many social media sites. The pervasive nature of communication technology and the level it has infiltrated people s lives is causing some to question its innocence, while others continue to bask in its glory. I am of both minds. I can no longer picture life without my phone and socialRead MoreTime And Distance Overcome By Eula Biss Essay1519 Words   |  7 Pages We seem to be hyped up by the most recent innovations, mesmerized by the spectrum of conveniences and advantages that they can offer, without realizing the ominous aftermath of this ephemeral trend. In Eula Biss’ essay â€Å"Time and Distance Overcome,† an ingeniou s mind of the past sought to connect the households under a vast wire communication system to keep them more intact. When Alexander Graham Bell broadcasted the telephone and telephone poles with a grand project of constructing a social networkRead MoreTrue Friend1081 Words   |  5 PagesFriendship is a very special relationship between two people or more. That’s why you need some time a power to understand them . I agree that friendship require time and energy .I think that friendship contains love, faith and honesty, and for that you need to spend time to know that other side very quit, so friendship require time and energy for two reason. First reason is that some friends are friend for life second is that people cannot live alone. The first reason why friendship worth time andRead MoreFriends Essay1082 Words   |  5 Pagesï » ¿Friends Essay by Mitchell Scott Topic: What friendship means to me Friendship is a relationship that is needed in a society of ours. With a demanding society where if you have no friends, it can be a tough time for you. Friendship is much more than just hanging around with your mates; it allows living to be much more comfortable. Friendship is extremely underrated in a society of ours; we rely on our friends to have good times. Sometimes you can’t imagine life without those who care for youRead MoreCommunication At Close Relationships : Friends, Family, And Partner1035 Words   |  5 PagesCommunication in Close Relationships: Friends, Family, and Close Partners Austin Waite Interpersonal Communication Instructor: Kristine Clancy December 7, 2015 Communication in Close Relationships: Friends, Family, and Close Partners Introduction: Communication, a connection between people or places, is important in any relationship, whether it be with a teacher about homework, or your parents about school. â€Å"Most people have never learned how to communicate.   Without this skill, a person is handicappedRead More`` Faux Friendship `` By William Deresiewicz1346 Words   |  6 PagesIn Faux Friendship, by William Deresiewicz, his argument is that friendships in today’s time are different from earlier times. He argues in his essay that social media websites have destroyed our chances of having real friendships. Also, he claims that technology in general is making us stray away from the actual time it we can spend with real friends. We believe that having more Facebook friends makes us feel good about the number of friends we have. Are these truly our friends? I agree with William

Friday, December 13, 2019

Kiwi Series Free Essays

Kiwi Series #1 My choice of artwork for this essay is titled Kiwi Series # 1. This painting is made by Dennis Wojtkiewicz in 2005. The size of this painting is 36 by 66 inches. We will write a custom essay sample on Kiwi Series or any similar topic only for you Order Now The medium used in this painting is the oil on canvas. I chose this painting because it appeals to my sense of aesthetics and also it has the most interesting use of texture. This painting is an excellent example of our sight being able to activate other senses. The presentation of the translucent fruit and fuzzy skin is so convincing that we have a visual and a tactile reaction and for some, a sensation of taste. The painter has used actual texture in this painting. In this essay, I will talk about the subject matter and then the content. I will also be analyzing each element and principle of design in the painting’s composition in an attempt to look at it much more deeply and understand it better. Kiwi Series # 1 is a painting of a  kiwi fruit, which is cut into half. It is placed on a table or some hard surface. The painter has drawn every little detail of the fruit  in the painting. The seeds, the internal minor lines in the fruit, and the difference in textures are done with great enthusiasm and passion. This painting makes me calm and relaxed because of the colors used in this painting and also its overall appearance. The Elements: There are different kinds of lines used in this painting. The artist has used some curvy lines near the edge and the center of the fruit. Straight lines are also used in this painting. Some lines are thick and some are thin, separating the seeds and the showing the opaqueness of some parts. The painting itself is a rectangle shape. The  shape of the fruit is objective. There are many other smaller shapes in the painting. The shape of the seeds is oval. The center of the fruit gives kind of semi-circle look. The row of the seeds looks like a thin petal of  a flower. The fruit itself is looking like a semi-circle. There is a great amount of contrast. This painting  has a photography value in which the  artist has used light part against the  dark  part. Chiaroscuro is also evident due to the illusion of light and shadow as the light source is coming from the top. Casting shadow on the table. There are areas of strong contrast such as the light color of fruit against the dark background. Sfumato is also evident in this painting. The dark colors of the seeds also create contrast against the light color of the fruit. Also there is contrast of the seeds against the bright  area near it. The color is a local color as it replicates the appearance of the real world. The colors are natural. The fruit is green and light green in color. The seeds are black. A slight brown color is also used near the edge of the fruit. The texture is simulated. If someone would touch this painting, they would feel slight bumps of the paint. For the most part, the artist has simulated the texture of the fruit. The background of the painting appears to be smooth. There is not much space in the painting. The figure is right at the forefront of the painting so the painting has shallow space. The background is dark  and we could not see anything except the fruit. Principles: The balance in this painting is symmetrical. The right side is very similar to the left side. If I were to draw a line in the middle of this painting, the visual weight on both sides of the painting would be the same. The painting is populated almost the same on both sides. The dominant part in this painting is the half-cut kiwi fruit. It occupies almost 85% of the space of the painting. Kiwi fruit is the biggest thing in the painting and it is the most important aspect of the subject matter. The same shape of the seeds in the painting creates harmony. Also the bright row that contains seeds is also of the same shape so they are the unifying factor in this painting. This work is not economical at all. There is a great amount of details and attention given to the figure. In my opinion it is highly realistic and the artist has drawn it with great interest. How to cite Kiwi Series, Papers

Thursday, December 5, 2019

Graded Unit Plan Hnd Music Performance free essay sample

The whole project itself must contain  areas of all of the course modules and how it has helped me construct this piece of work. By the end of the year I should have a detailed portfolio that shows that I can present that I have learned the required and  necessary aspects of the core units throughout the year and be in a strong position to accept any work within the music  industry. The examination of the project is not completely relying my practical aspect of the graded unit, for example in the HNC  graded unit. It was key for me that there was visible evidence shown to provide backup to my overall mark. However in the  HND graded unit, I am provided with an assignment brief and it is up to me what position of the music industry I will be  applying to and then present to a panel on why I should get the desired job that I have chosen. I must also show off my  business skills throughout my research with a log book, my preparation and how I evaluate all of the specific information to  the panel so I can be graded on my specific job role. Throughout the graded unit I will have an ability to analyse and digest knowledge and present my skills throughout the  whole of the graded unit, by highlighting all of the key elements of the HND course. During the process of the graded unit I will have developed a stronger approach to my study and this will keep my  organisational skills to a high level and during the process of composing the graded unit, my research skills will go from  strength to strength. Throughout the graded unit, my musical knowledge will soar to a new level and I will have a better understanding and I will  appreciate music a lot more from analysing music and getting a better knowledge of music. Also I will be able to develop my  performing aspect of the course and have more of a professional approach to performing; I will also have gained other  aspects of music that I will never have touched on such as areas like the composition aspect of the course. This will give me  an insight to what it would be like to actually compose a piece of music, rather than what I normally approach when making  music. During the process of composing the graded unit, I will be able to look back on my own work and criticise and be   judgemental on what I can change and what can improve on in the graded unit as an overall and this will help me in later  study and later life when being given a big chunk of work like the graded unit. By reflecting on my work it will give me the  confidence to submit a piece of work that I am very pleased with and able to have no doubts about the work that I am  presenting. Whilst doing the graded unit, I will be able to apply the skills that I have attained through study and from my performing  aspect of my course in to the graded unit. This will further my knowledge and it will give me a better idea of what will need  to provided when finalizing the graded unit project. Whilst composing the graded unit. I will be studying the job role as a performer. During the process of me studying these  areas, the graded unit will open my eyes to different styles of music which I can apply to my playing and this will develop  me as a player and an overall musician. This will help me immerse myself in the desired styles and get a feel for what the  music is about and by doing the graded unit; it will help me appreciate music more. By approaching different styles, it would  mean that I could walk into different jobs throughout the industry without fear. The graded unit is a lengthy piece of work and requires a lot of time and effort put into it to get the best possible grade. By  doing the graded unit piece, this disciplines me on how to structure my work rate and it will give me a better idea on how to  work when going into further study or when going into the music industry work place. By doing the graded unit I will be able to respond quickly to changes in the workplace effectively and use my skills that I  have gained from the graded unit to the best of my ability. This means that I wont hesitate at any job role that comes up  when working in the music industry. Also by having the skill to work quickly and effectively, this will build my reputation and  I will have more options for work down to my reputation as a performer. By the time the graded unit is finished, I will understand the general idea on how the music industry works and it will help  my general skills also when communicating and working at the top of my game. This will keep me busy in the music  industry and will set me off to a lengthy career in the music industry. When completing the graded unit portfolio, I will need to make sure that all of the units that are required in my portfolio as  this will help me when it comes to presenting my portfolio in the interview and when submitting the graded unit. I will need  to plan how I am going to structure the graded unit and make sure that all of what is asked is being covered when  referencing the mandatory units. Once I have my plan sorted, I will submit my plan to my tutor to get it checked and make sure that I am meeting the  requirements. Once I know that what I have submitted is acceptable. I will then work on my own on the graded unit and the  presentation for employment. When my plan is all checked and everything is ok, I will then be given a date that I must  complete the graded unit for, this will give me enough time to carry out all of the required tasks that the graded unit is  asking me to provide. Throughout the process of me completing the portfolio of the graded unit, I am allowed to ask for help  at any time if I am finding any area of the graded unit difficult. I must not plagiarise any work that I wish to use as my own, I  will have to compose each answer in my own words and I must reference any work if I wish to use someone else’s work. I  will also have to complete a dated logbook that will show a timeline of my progress during the process of completing the  graded unit. My grade will be judged on the overall product and what amount of time I have taken to complete this task. Although I will be marked on this piece as a whole, I must structure the graded unit into three parts, i. e. the planning stage  which is worth 30% of my mark. The development stage which is worth 60% of the grade and the evaluation of the graded  unit, which is 10% of my mark. Information gathered in response to the brief The job role that I have chosen to discuss about in my graded unit is a session drummer. From my understanding I must be  at a high level of my instrument by knowing a wide range of styles and having a good understanding on how to read music  when going into a session. During the process of composing the graded unit, I am going to keep a detailed log book on my  progress as a drummer throughout the course of writing the graded unit. This means that I can work on various styles and  sight reading that I have learned in my instrument specific classes and apply my progress into the log book. This will give  me a good understanding on how I am progressing as a musician and also it will open new gateways for my musical  knowledge. I understand that I will need to be practicing a lot more regularly as well if I am to be called for any job that  requires me, so I know that I will be giving my best each time. Title of the project Graded Unit 2 the Working Life of a Session Musician in the Music Industry (A Statement Of The Project Issue/Solution, Swot Analysis Etc) Throughout the process of composing my graded unit I will need to keep a detailed logbook of my progress as a  session musician. I must apply all of the manditory units from my HND course and provide evidence how the units in my  course have helped me further my knowledge and musicality when completing my graded unit project. I will be given a time  limit for me to complete my graded unit. This will make my organisational skills much better and it will give me a better idea  to manage my time when working as a session musician in the music industry if I am to be very busy with work. I will construct a SWOT analysis to help me along the way to complete the project. This will give me a better understanding  on what is my weaknesses and what I will have to work on throughout the progress of the project. My strengths are I can work under pressure I can play a variety of styles such as rock, pop, reggae, jazz, bebop and Latin. I am flexible. I am good at working with others. I manage my time well. My weaknesses are My sight reading skills arent great quality I need time to grasp things properly My technical skills are quite basic. My forte of playing is very limited. My Opportunities are I am able to reflect on my playing I will be able to play with other musicians I will be constantly learning and will learn from mistakes. I will be able to become a more rounded musician. My Threats are Making a comfortable living from playing music Not being guaranteed work If two musical jobs clash and I need to work on the two of them. Not receiving work at all. I will have to provide a presentation and interview when finalizing my work for the graded unit. I plan to use a computer  program called Microsoft PowerPoint, which I will have used previously during my teaching unit in the HND. This will give a  basic idea on the required units of the course and I can discuss them when I am in the interview. This will also make my  interview more interesting visually and more interesting to the assessor. Through this I can combine the interview and  presentation into one. Once I have finished the graded unit, I will organise a date with my tutor and once a date has been  agreed, I will then present all of this on that date. Statement of the aims of the practical assignment including personal goals and targets The graded unit is a piece of work that will showcase my skills that I have attained whilst studying the HND course and it will  present my knowledge of the music business to the best of my ability. With this piece of work, I am hoping that it will open  gateways for me as a musician and I am also hoping to challenge myself to get the best possible mark that I can achieve  and prove myself that I can compose a portfolio of work that I will be very pleased with and I would be happy to present this  to a future employer if I was asked to attend an interview in a related field to the music industry. The graded unit project consists of a project and an interview that will take place with someone I have chosen to work on  the role as a session musician. I will provide information on what it will be like working as a session musician in the music  industry. I will keep a detailed logbook and provide a presentation that will be shown to someone whether that is an  employer or someone who has had a consistent role in the area that you are presenting about. The whole project itself must  contain areas of all of the course modules and how it has helped me construct this piece of work. I am hoping that by  referencing the course modules, it will give me an insight to how I have progressed as a musician and how each module will  have helped me progress through the year. By the end of the year I should have a detailed portfolio that shows that I can present that I have learned the required and  necessary aspects of the core units throughout the year and be in a strong position to accept any work within the music  industry. The examination of the project is not completely relying my practical aspect of the graded unit, however, when reflecting on  the practical areas of the HND course, it will help me a lot by reflecting on what I have learned and how I can construct that  into my logbook, for example in the HNC graded unit. It was key for me that there was visible evidence shown to provide  back up to my overall mark. However in the HND graded unit, I am provided with an assignment brief and it is up to me what  position of the music industry I will be applying to and then present to a panel on why I should get the desired job that  have chosen. I must also show off my business skills throughout my research with a log book, my preparation and how I  evaluate all of the specific information to the panel so I can be graded on my specific job role. Timescale for Conducting the Project Once I have received my plan back and everything is ok, I will then make a start on the developing stage of the graded unit. I will do a weekly plan on the graded unit and work on it one bit at a time. This will give me time to reflect on each area of  the graded unit, it will also keep me aware of my progress and I will be able to monitor it a lot better when rounding  everything up weekly. I will do some level of teaching throughout the process to give me more experience and open up a  new gateway for me when work as a session musician dries up. This will also give me more confidence when it comes to  presenting the graded unit, as I will be a lot more relaxed and I will be able to speak more fluently and get my points across  a lot easier as well. As for interview preparation, I plan to work on this a month before the deadline of the graded unit. Once  or twice a week I will ask someone to be the assessor and I will present my work to them. By the time it actually comes to  the interview and presentation, I will feel a lot more relaxed towards the presentation and it wont feel daunting if I wasnt to  prepare for it. A statement demonstrating appropriate ways of working to achieve aims For the teaching aspect, I will work closely with the Btec student that I have been working with in the teaching element of  the course. The reason I would like to do this is because I get one well with my student and I find it very easy to work with  him. Whilst I am working with my student, I will recap on areas that will help me further my study in terms of styles of music  and certain exercises that will excel my reading skills. I can also look back at my instrument specific classes with my  student and go over areas that I wasnt great at and persevere to work on my reading skills. My student is a very good  sight-reader of music and I am sure he can even teach me little things that will help me progress, because this wont be a  practical lesson like my instrument specific classes, I will feel a lot more relaxed and I feel I will be able to react quicker to my  students way of teaching when he is explaining things that he can teach me. I can reference lots of styles that I have came  across and work on them throughout lessons. This will get me used to working with various styles and it will further my  knowledge of theory which I have learned throughout my music theory classes. I will also look at various videos of lessons and see how they work and how I can apply this into my teaching methods. I will  also attach lesson plans that I have created, so I can keep track of not only my progress but my student’s progress. In my  logbook I can structure dates on these lessons and arrange possible lessons with my student and also it will back up the  progress in my log book. In terms of starting up a teaching business, I can hire out the rooms in my college and teach my student there. This will be  a lot easier as well because I already know the staff at the college and rates for lessons can be significantly cheaper rather  than going to a studio in Glasgow. Again I will be working with new people all of the time and this will further my confidence  and give me the social skills to succeed when it comes to the interview/presentation for the graded unit portfolio. The interview planning is something I can do anywhere, whether thats with a parent, friend, relative or another member of  family. Again I can plan all of this into my logbook which will keep me organised when meeting deadlines with lessons and  interview plans. I can also apply a SWOT analysis to this and this will also further my knowledge because I will be able to reference on my  strengths and weaknesses and apply that to my ways of working, liked I learned in my entrepreneurship unit. Identification and explanation of the sources of information The evidence that I am going to provide to the employer is quite a few things to show how versatile I am. The first area of  evidence that I will provide is a video of a lesson between me and my student. This will show me working with others and  getting on with them. This will show what I am like as a person and it will show a small area of my playing and reading  skills. I will also provide lesson plans and handouts to give further evidence. The second piece of evidence that I will provide  will be a video of a live performance. This will show that I can play in a live atmosphere, it will also show my musicality with  other musicians on stage and it will also show my timekeeping with the band I will be playing with. Finally the last piece of  evidence will be a video of me playing a wide range of styles that I have learned in my instrument specific classes and showcase them on video with a metronome. This will show diversity in my playing and also it will show that I can work with a  metronome and then go into a recording studio and record a track for the artist I would be working for. Identification of the resources (including time For the project to be completed, I will need a video camera for my video evidence. I will need pens and paper and pencils  and a computer and printer to write up lesson plans, feedback on lessons and manuscript to write notation. I will also need  a phone and peoples numbers to contact them and carry out the exercises that I need to do to complete my graded unit. I will need musicians also to complete my visual aspects of evidence. Things like pens and paper that is all available from a shop that I can purchase from. In terms of computers and printers, I  have the option to use the library in my college or my local library to write up plans or print out handouts or notation. In  terms of musicians, I am at a music college which has an array of musicians. I can ask any of them to help carry out my  evidence to have a successful presentation. An explanation of How the project will be conducted with reasons for the choice of methods used In college, there is a video camera which is used for filming performances. I could use this to film my lesson with my student  and I could also get my various styles done on the video camera too. The reason why I would be doing this is because I will  be able to film in my college; resources will be there such as computers to print out handouts and whiteboards to write  lesson plans on. There will also be a drum kit, so I wont have to take a drum kit to a place to film. This is the best way for  me because it will cost me no money in terms of printing and filming. Also it will make things easier for my student because  he attends the college also and it is a very easy place for both of us to get to. In terms of the live performance video, I already have footage of live performances on YouTube. I can get access to these  videos very easily and I can also supply more than one video. Also I can provide performances from my live performance  unit at the college, so I feel that the resources that I have provided and where I will be able to access them will be the best  for me completing my graded unit. I can also provide recordings of music that I have recorded in the past to show that I can work in a studio environment such  as working with metronomes and also working with musicians in the studio, so I feel that, that will be another good piece of  evidence that I can provide for my portfolio. For the presentation, I am going to provide a PowerPoint presentation with headings of all the areas that I am going to cover  in my presentation. I will also construct a handout for the assessor to reference when I am explaining everything. During the  presentation, my video evidence will be shown also when I am presenting to the assessor. Things like the recorded tracks; I  can condense these into choruses to show a brief idea what my studio work is like. My lesson with my student, I will chop  that down into small chunks to briefly show what my teaching is like and I will show a longer clip of an area in the lesson  which I feel that I excel with the student. This will show how I get on with the student and it will also show the students  progress. Finally for the genres of music, this will be the longest video which I shall conclude the interview with. This will  end the lesson with a visual aspect and it will also keep the assessor interested, and more likely to enjoy doing the interview. As I mentioned earlier, I am going to plan a month in advance with a family member or a friend and I will go through my  interview with them. At the end of the interview, I will ask for feedback and ask what I can improve on for next time. This will  be good practice because it will give me an insight to what keeps people interested and what bores them. I can then apply  the feedback to my presentation and I will then have no fear in being nervous and boring the assessor. A statement of the criteria used to assess the effectiveness of the route chosen The criteria that I have chosen is to show all elements of my playing, I plan to add all of the stylistic areas that I have  covered in my instrument specific class, this will cover areas such as reggae, rock/pop, jazz, bebop and Latin. I have videos  that provide evidence of me playing these styles to a decent level and this will look better on me for the employer. By  adding a visual element to my method, this will save a lot of money for me and the employer instead of arranging auditions  so they can hear me play my instrument to a good standard. Also by adding MP3 files, this will give the employer a better  idea of what I am like in the studio, i. e. playing along to click tracks. I can provide evidence also from my instrument specific  classes because I will be playing along to backing tracks with a metronome. Areas such as my composition project, this will  show another aspect of my recording skills because I am able to provide evidence that I can compose a piece of music as  well as play drums. I am currently in a singing class in the college, this also opens my options for the employer by having   the option to sing onto a backing track if I was to be in the recording studio. This will show off my skills to a high level and it  will show that I can adapt as a musician and deal with new situations when confronting them face to face. With the amount  of visual evidence also, this will show that I have a high level of experience that gives me an even better advantage of being  hired by the employer.

Thursday, November 28, 2019

The new advancements in Cloning and the Ethical debate surrounding it

Introduction Cloning is the generation of cells, tissues, organs, organ systems or totally independent organisms from DNA. This article will discuss the latest developments, benefits and ethical and views as regards to cloning.Advertising We will write a custom research paper sample on The new advancements in Cloning and the Ethical debate surrounding it specifically for you for only $16.05 $11/page Learn More Types of cloning There are three types of cloning. Molecular cloning involves use of DNA segments in areas of interest to produce specific products of DNA transcription and this has proven useful in recombinant DNA to produce many therapies like insulin, tissue plasminogen activator and erythropoietin. Cellular cloning involves use of somatic cells to produce a cell line identical to the original cell, and this can be used to produce therapies like those of molecular cloning. Blastomere separation is advanced in that reproductive cells are used to produce independent organisms (Anon, n.d.). Experiments done so far Many advances have been made in cloning so with more animals being cloned. The Rhesus monkey was cloned in 2000 January by embryo splitting and it was known as Tetra. In 2001, an endangered species was cloned called Gaur. Alpha and Beta are the cattle that were cloned in 2001 and 2005 respectively and they were males. The CopyCat was the female cat to be cloned in 2001. In 2004, Little Nicky was the first cat to be cloned for commercial purposes. The first dog to be cloned was Snuppy in 2005. A rat that was first cloned in 2003 and it was named Ralph. Idaho Gem is the name of the first mule to be cloned in 2003. In May 2003, the first horse was cloned named Prometea. The first water buffalo to be cloned was named Ssmrupa in 2009 February but it died after five days because it was infected. The same year, Injaz became the first camel to be cloned(Arnold, 2009). Views on cloning today Attempts to clone human cells fac e many ethical, religious and legal challenges today. Another major challenge is the difficulty in cloning human cells. Never the less, research is going on in various institutions to improve the methods and thus the outcome of cloning since it’s potentially useful in treatment of many medical conditions. The breakthroughs of cloning Treatment of leukemia Normal bone marrow precursors are cloned and placed in the bone marrow cavity of the leukemic patient.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Treatment of eye disorders Patients with cataracts can be potentially cured by cloning the lenses and replacing them with those with cataracts. Treatment in heart attack patients In patients with acute or chronic myocardial infarction, cells can be cloned and then be placed in the ischemic areas. New Vaccines Vaccines can be made by developing cancerous cells which can not repli cate and injecting them to subjects. This can potentially generate memory in the immunity so that on second exposure, these cells are destroyed by the immune system. Another way of using cloning in vaccination is by using DNA recombinant technology where microbial DNA is used to produces toxins, which are detoxified, while retaining their immunogenicity, and introducing them in a subject, who will eliminate the microbes on second exposure. Treatment of Parkinsonism This has been tried in mice where dopamine producing cells are cloned and then injected into mice with Parkinsonism. Behavioral symptoms of the disease improved in the mice because the missing dopamine was produced by these cells. There is hope that this is possible with humans (Randerson, 2008). Life saving strategies Cloning has been supported by many scientists because of these potential benefits. Other major areas of application in cloning are as follows. Organ transplantation Parts of an individual can be cloned to p roduce large tissues which can be transplanted to another part of the same individual. This has an advantage over transplantation from another individual which leads to graft rejection. Infertile individuals, cancer and plastic surgery Cloning processes involve switching on and off of cells, a principle which can be exploited in switching of cancerous cells. Through cloning, a vaccine of cancer may be made as previously noted. Infertile people can father by either using their reproductive cells or cloning their somatic cells and introducing them to a surrogate. Plastic surgery done using cloning has a great benefit as compared to other methods because features of the patient can be retained with no fear of graft rejection.Advertising We will write a custom research paper sample on The new advancements in Cloning and the Ethical debate surrounding it specifically for you for only $16.05 $11/page Learn More Other applications Cloning can be used to test f or genetic diseases. Nerves can be grown to enable high quality medication. Cloning can be used to grow nerves which can be replaced in individuals with spinal cord injury. Liver failure and renal failure can be cured by cloning by replacing the diseased cells. Tay Sachs disease can be prevented by eliminating genes carrying the disorder. Breast implants and soft tissue replacement can be done using cloned tissues from the same individual to eliminate changes of host verses graft disease. Skin can be produced for use as skin flaps in patients with severe burns; lung tissue can be cloned as well. Diseases which seemed to have no cure like Alzheimer’s disease, Diabetes Mellitus, Heart failure arthritis and other degenerative diseases can be approached in this manner (Smith, 2002). Criticisms Reasons for opposition to cloning According to ethical and religious groups, the drawbacks on cloning are many. On average, there is only 1-10% viability of all offspring that were cloned f rom embryos. It has been shown that cloned animals have a higher risk of cancer, infections, mental and physical difficulties. The animals that have been cloned have been seen to die unexpectedly, unpredictably and for unknown reasons. Human cloning is specifically opposed because it is believed that a growing human also needs emotional and intellectual development, which can not be provided by cloning. Genetics Fact Sheet 1 indicates that a person is a product of his or her genetic make up and the environment such that a person cloned from another is not a duplicate. Social relations, responsibility and parenthood of the cloned human are difficult to achieve, which pose a challenge to cloning (BarlowSaleh, 2007). Ethical groups There was a worldwide condemnation of attempts to clone a human being in 2003 when Clonaid biotechnology group claimed to have cloned a baby who they named Eve. They were opposed mainly because of the reasons above. There are many policies which have been la id to regulate cloning especially in the utilization of the embryos (BarlowSaleh, 2007). Conclusion My personal view and opinion Cloning has various pros and cons, whereas it can be a life saving process, it may also have many deleterious effects on the human race. Biologists and doctors should not rush into cloning humans. There is need to carry more experiments with care and the results analyzed to perfect the science and eliminate the disadvantages of cloning and then educate the lay world on the benefits of cloning.Advertising Looking for research paper on health medicine? Let's see if we can help you! Get your first paper with 15% OFF Learn More Recap Cloning is the generation of body tissues from DNA. This procedure has many potential applications in various sectors of health. In spite of that, it has been opposed by many ethical groups because of the risks involved and others because of myths and traditional beliefs. With care and effort, these properties can be exploited to develop vaccines, treat various diseases, help in surgery, and even stop the aging process. Research experiments should be furthered The only way to eliminate most of the risks associated with cloning is through furthering the experiments in different species and comparing the results. Biologists should come up with effective machines which do not affect the genetic composition in the embryo as this would reduce the disabilities and mutations seen in cloned animals. Through cloning, many vaccines can be developed which would not otherwise be available. More experiments should be done to develop more vaccines to various diseases. More experiments shoul d be done in order to find treatment of endocrine system diseases as has been seen in diabetes mellitus with insulin. Auto grafts do not induce immunogenicity in an individual. More experiments should be done to exploit this fact by cloning cells to form tissues or even organs from the same patient and then surgically introducing them to the area of defect. Cloning experiments should be furthered to discover other benefits of cloning which are not yet known. References Anon.(n.d.). The Science and Application of Cloning. Web. Arnold, P. (2009). What Animals have been Cloned. Web. Barlow, K. Saleh, M. (2007). Cloning and Stem Cells. Web. Randerson, J. (2008). Therapeutic cloning offers hope of treatment of Parkinson’s. Web. Smith, S. (2002). The Benefits of Human Cloning. Web. This research paper on The new advancements in Cloning and the Ethical debate surrounding it was written and submitted by user Alvaro Jacobs to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

Cars Then and Now essays

Cars Then and Now essays The automobile is the most important means of personal transportation for many people around the world. People depend on there cars and trucks to get them to work, run errands, to visit friends and The origin of automobiles can be traced to Europe. But it became a major form of transportation in the United States first. In the early 1900s, Ransom E Olds, Henry Ford, and other automobile pioneers began mass production. Although some people disliked the horses carriage many welcomed the introduction of the new machine because it would replace horse drawn carriages. The automobile gave people freedom to live, work and travel whenever they wanted. It ended the lonely farm lives of families that were to far from a big city to ride a horse there. The automobile brought along motels, gas stations, shopping centers, theme-parks, superhighways, and drive through restraunts.These industries being brought into the economy lead to a major increase in strength of the The development of automobiles has had an enormous effect on the way people live throughout much of the world. Probably no other invention, discovery, or technology advance has created greater The automobile has given people incredible freedom and movement. It enables people to decide where they want to go and when. It influences how people work and how, live and spend there leisure time. The striking change in peoples lives created by the automobile started in the United States and have since spread over much of the globe, especially in developed countries. They are also becoming increasingly popular in developing countries and are reshaping the life style of the people that live When the first automobiles were produced, only the well-to-do could afford them. Soon, however, prices declined as production increased in the response to the growing demand. The lowe ...

Thursday, November 21, 2019

College Athletes Should be Paid to Play Essay Example | Topics and Well Written Essays - 1000 words

College Athletes Should be Paid to Play - Essay Example Some argue that athletes are paid by virtue of their scholarship and that is sufficient reimbursement for their services. Putting aside for the moment that athletes that participate in the more popular sports earn millions of dollars for the university and that other students reap these benefits as well, athletes are denied the same lack of restrictions to earn while they learn and as a result should be somewhat compensated. The NCAA alone makes hundreds of millions of dollars every year from the men’s March basketball tournament. The bowl games that follow the regular football season supply the conferences with revenues of many million each winter. Now add up ticket and concession proceeds, corporate sponsorships and money gained from merchandise sales that without the presence of sports would not be funneled into a university annually. The athletes know that they generate literally many billions of dollars for their schools, yet are not allowed to earn even pocket change whi le at school, giving their all for ‘ole State U. Athletes are allowed only the most meager of an existence under NCAA regulations. Meanwhile, they witness other students with money enough at least for an occasional date and their coach earning a multi-million dollar salary but know that they are the ones that make the greatest sacrifices. The NCAA reports that of the 1000 schools in its membership, only 40 earn a profit each year, all of which are Division I-A institutions and have either a successful football or basketball program. Though revenues continue to rise for these select schools; the remaining schools are suffering growing deficits. In most cases, schools utilize money gained from its more successful and thus profitable sports programs to fund the other sports activities at the school such as the bulk of women’s athletic programs. The vast majority of schools could not afford to pay for programs that did not pay for themselves if not for the athletes that put ‘butts in seats.’ These athletes are producing enormous revenues that not only pay for other sports programs but pump money into the general scholarship fund. Athletes should be compensated at least minimally but not just athletes that are involved in revenue producing sports. All college athletes should receive a modest salary because all of them allocate so much of their time to their particular sport. Even the non-profitable sports programs provide publicity to the institutions in amounts impossible to quantify. â€Å"There are also student-athletes who have to leave school early because they do not have enough money to continue, or to pay their bills and leaving school for a career in professional sports is an easy way of making money.   The argument is that if student-athletes get paid, they will remain in school and complete their education† (Meshefejian, 2005). When a student-athlete or their family is experiencing financial problems as is the case in m any situations, the pressure to quit school and pursue a professional career is immense. What would motivate an athlete in this predicament to stay and finish school if they were offered even a minor league contract or a backup role at the major league level? Many examples exist where athletes opt to turn professional, then are out of a job within a year or two and cannot return to school because they can no longer be offered a scholarship. If they could have justified, financially speaking, staying in school, many may have graduated and whether or not they succeeded at the professional level, they would have had a diploma and therefore a solid career and a

Wednesday, November 20, 2019

IT Manager's Plan for the provision of IT facilities to the new Essay

IT Manager's Plan for the provision of IT facilities to the new department of Computer Science - Essay Example overall staffing, recruitment timescales for these staff members, establishment of the network infrastructure, implementing server and desktop facilities, enabling the administrative systems, implementing the general purpose PC areas, offering support facilities, lot of other related aspects regarding the new department establishment. 2- INTRODUCTION Computer science sometimes refers to the information technology is currently an essential element of society as well as a vital part of a lot of university programs. Additionally, society more and more requires extremely knowledgeable IT staff members mainly staff members who are able to combine IT with other skills. The Department of Computer Science at our University will offer education as well as research in computer and computational science theory as well as practice for a variety of students groups. Additionally, these actions support immediate computational requirements as well as offer a foundation for lifelong learning in infor mation technology and computational sciences. In this scenario, the effective planning is basic need for the establishment of this new department at our university. ... ECT The scope of this project will cover all the activities involved in the establishment of a new computer science department at a major university in UK. The main aim of establishing this new department is to offer the local community a better enlightenment of new innovations in information technology. Additionally, this new department will open new horizons of information technology and information systems research. We are also aimed at starting the Phd program that will produce new generation of the computer science experts at the university. This will also offer better research and development opportunities at the university level. The development of this new department is also aimed to attract the international community members to take admission for the higher education in our university. For this purpose, we will hire more qualified, skilled and experienced faculty members to provide the students with a better opportunity for conducting research in various areas of computer s cience and information technology. Some of the important factors/elements of this project are outlined below: Offering information and communication technology based support for education Improving teaching standards Improving quality of knowledge Offering student up-to-date equipment and technology based system facilities. Offering better place for research and development Opening new opportunities for the local community to patricide in new generation information technology era Enrolling high quality teaching staff Improving quality of education of computer as compared to other local universities Establishment of state-of-the-art technology and systems at the Labs Offering improved network and communication facilities Offering the students access to international research and technology

Monday, November 18, 2019

Disrupting the Recruitment Process to Exploit Weaknesses in Terrorist Research Paper

Disrupting the Recruitment Process to Exploit Weaknesses in Terrorist Organizations - Research Paper Example This paper explores recruitment practices in the global Jihad as they play out in America and Europe. Whereas the focal point of the discussion is terrorism, the paper explores a distinct form of contemporary terrorism, Global Jihad, which embodies religiously inspired conflicts with a global vision. Nevertheless, the paper does not necessarily centre on terror groups with nationalistic or secular motives. The global Jihad is entangled with individuals, organizations, and ideologies from the Middle East, South East Asia, Central Asia, and North Africa. There are four distinct levels of commitment within terrorist organizations. These include passive supporters, active supporters, cadre, and leaders. Although all play a critical part in the running of the terrorist organizations, the cadre can be singled out to be the level that has a phenomenal influence in the recruitment process. Cadre encompasses the nucleus of active members engaged in the overall running of the terrorist operations inclusive of recruiting new members. Terrorist organizations employ both hierarchical and networked structures of organization. Islamic radicalization can be considered as the lynchpin to homegrown terrorism, especially in the West. Delegitimizing radicalization is arguably an effective way of disrupting recruitment process. ... Most recruitment processes into terrorist organization feature aspects such as targeting of the alienated and marginalized, spiritual quest, radicalization, gradual seclusion and cell formation, adoption of violence as a legitimate political means, linkage with a gatekeeper, and eventual operation of the cell. Terrorist recruitment cells can be delimited into four separate cells; management cell, information gathering cell, preparation cell, and execution cell. Disrupting Recruitment Process Most international terrorist organizations are actively engaged in recruitment of Westerners into terrorist organization via facilitation of travel to foreign training camps and mounting grounds. Foreign terrorist organizations have shifted their strategy from passive influence of western radicals into directly motivating, inspiring, and training, especially through internet-based propaganda. Recruitment of Western radicals has worked for foreign terrorist organizations as they can conceal the id entity as the recruits hold â€Å"clean† citizenship. The employment of homegrown terrorist cells has complicated the ability to infiltrate terrorism recruitment rings (Cortright & Lopez, 2007). The four principal ingredients to a thriving terrorist’s organization include recruitment, motivation, funding, and haven. Terrorism is affected by interplay of factors such as a haven, leadership, and the underlying conditions within the society. Terrorist organizations leaders avail motivation, mobilization, and organization functions within the organizations. In addition, leaders within terrorist organizations act as principal sources of propaganda besides acting as symbolic figureheads

Friday, November 15, 2019

Evidence of Bad Character Case Study

Evidence of Bad Character Case Study 1.That Z had sex with T D H The evidence that Z had sex with T D H can be admitted with the agreement of all the parties[1]. However it is unlikely that Z would agree that this evidence could be admitted therefore that X would have to rely on one of the other provisions of section 100 (1) of the Criminal Justice Act 2003 in order to admit the evidence. Section 100 (1) of the Criminal Justice Act 2003 stipulates, â€Å"Evidence of the bad character of a person other than the defendant is admissible if and only if: It is important explanatory evidence, It has substantial probative value in relation to a matter which – is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole, or all parties to the proceedings agree to the evidence being admissible Therefore it is likely that Z will try and admit this evidence under s100(1)(b) arguing that it has substantial probative value in relation to a matter that is either a matter in issue in the proceedings or that is of substantial importance in the context of the case as a whole. In order to determine whether or not the evidence has substantial probative value case law prior to the enactment of the Criminal Justice Act 2003 should be considered where it was considered that such evidence could be admitted if it was â€Å"striking similarity[2]†and of â€Å"sufficient probative force to overcome prejudice.[3]† It is likely that this evidence will be admitted. 2.That Z was convicted of wasting police time The evidence that Z had been convicted of wasting police time could again be admitted if both parties agree to the evidence being admitted. However it is unlikely that Z would agree that this evidence can be admitted therefore that X would have to rely on one of the other provisions of section 100 (1) of the Criminal Justice Act 2003 in order to admit the evidence. Section 100 (1) of the Criminal Justice Act 2003 stipulates that â€Å"evidence of the bad character of a person other than the defendant is admissible if and only if: It is important explanatory evidence, It has substantial probative value in relation to a matter which – is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole, or all parties to the proceedings agree to the evidence being admissible Therefore it is likely that Z will try and admit this evidence under s100(1)(b) arguing that it has substantial probative value in relation to a matter that is either a matter in issue in the proceedings or that is of substantial importance in the context of the case as a whole. In order to determine whether or not the evidence has substantial probative value case law prior to the enactment of the Criminal Justice Act 2003 should be considered, as above and in consideration of that evidence it is unlikely that the evidence will be admitted. This does not appear to be of substantial importance and it is likely that the jury could reach the right conclusion without hearing this evidence. 3.That W is a lesbian who is prejudiced against men The evidence that W is a lesbian who is prejudiced against men can be admitted with the agreement of all the parties[4]. However it is unlikely that W would agree that this evidence could be admitted therefore that X would have to rely on one of the other provisions of section 100 (1) of the Criminal Justice Act 2003 in order to admit the evidence. Section 100 (1) of the Criminal Justice Act 2003 stipulates, â€Å"evidence of the bad character of a person other than the defendant is admissible if and only if: It is important explanatory evidence, It has substantial probative value in relation to a matter which – is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole, or all parties to the proceedings agree to the evidence being admissible Therefore it is likely that Z will try and admit this evidence under s100(1)(b) arguing that it has substantial probative value in relation to a matter that is either a matter in issue in the proceedings or that is of substantial importance in the context of the case as a whole. On this basis it is unlikely that this evidence will be admitted. 4.Psychiatric evidence in respect of Y The evidence that Y is suffering from Potipahr’s Wife Syndrome can be admitted by agreement by the parties. [5] However it is unlikely that Y would agree that this evidence could be admitted therefore that X would have to rely on one of the other provisions of section 100 (1) of the Criminal Justice Act 2003 in order to admit the evidence. Section 100 (1) of the Criminal Justice Act 2003 stipulates that â€Å"evidence of the bad character of a person other than the defendant is admissible if and only if: It is important explanatory evidence, It has substantial probative value in relation to a matter which – is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole, or all parties to the proceedings agree to the evidence being admissible X will need to argue that the evidence is important explanatory evidence. Evidence is â€Å"important explanatory evidence† for these purposes if â€Å"(a) without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and (b) its value for understanding the case as a whole is substantial[6]. Except in relation to evidence of conduct, which is alleged to be similar to matters in dispute at the trial, evidence of witness’s bad character may not be adduced without the leave of the court[7]. Section 100(3) identifies certain factors to be taken into account by the trial judge, alongside any others considered relevant, in exercising his discretion to grant leave to allow bad character evidence to be given. Such factors include the number of relevant incidents, the lapse of time, and other common sense considerations relating to similarities between past and present conduct and questions of contested identity. Therefor e such evidence will only be admitted if it bears substantial probative value, and the court grants leave. It would therefore be concluded that in this instance that the evidence would be admitted. 5.Previous evidence of V Assuming as discussed above that the X is not successful in admitting any of the evidence (as if he is this will mean that the evidence of his bad character and previous convictions will automatically be admitted) the Criminal Justice Act 2003 contains a dedicated scheme of rules to regulate the admissibility of evidence of the accused’s extraneous misconduct in s101 (1). These rules are different from those rules that exist for the admittance of other witness’s previous character. In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if – all parties to the proceedings agree to the evidence being admissible, the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it, It is important explanatory evidence, It is relevant to an important matter in issue between the defendant and the prosecution It has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant, It is evidence to correct a false impression given by the defendant, of The defendant has made an attack on another person’s character Therefore this evidence can be admitted by agreement by the parties however this is unlikely. Therefore it is likely that the prosecution will attempt to admit the evidence under sections c and d and this are provisions, which are concerned with similar fact evidence. One significant dimension of the â€Å"similar facts† cases concerned the dangers posed by deliberate collusion between witnesses or innocent cross-contamination of their evidence. In determining the admissibility of evidence of the accused’s misconduct in the first instance, however, section 109 obliges the court to treat the evidence as true, unless â€Å"it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true[8]. Therefore given the similarities between the previous incident and the current one it is likely that this information will be allowed to be admitted into the current proceedings. The reason for this is that the evidence can either be considered to be important explanatory evidence or alternatively that it is relevant to an important matter in issue between the defendant and the prosecution 6.X’s previous conviction of Exposure The CJA 2003 contains a dedicated scheme of rules to regulate the admissibility of evidence of the accused’s extraneous misconduct in s101(1): In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if – all parties to the proceedings agree to the evidence being admissible, the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it, It is important explanatory evidence, It is relevant to an important matter in issue between the defendant and the prosecution It has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant, It is evidence to correct a false impression given by the defendant, of The defendant has made an attack on another person’s character Therefore this evidence can be admitted by agreement by the parties however this is unlikely. Therefore it is likely that the prosecution will attempt to admit the evidence under sections c and d and this are provisions, which are concerned with similar fact evidence. One significant dimension of the â€Å"similar facts† cases concerned the dangers posed by deliberate collusion between witnesses or innocent cross-contamination of their evidence. In determining the admissibility of evidence of the accused’s misconduct in the first instance, however, section 109 obliges the court to treat the evidence as true, unless â€Å"it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true[9]. Section 107 where evidence of the accused’s bad character has been admitted into the trial without the accused’s agreement, under section 101(1) paragraphs (c)-(g), and the court is satisfied at any time after the close of the prosecution’s case that (i) that evidence is contaminated such that (ii) a conviction would be unsafe, â€Å"the court must either direct the jury to acquit the defendant of this offence or, if it considers that there ought to be a retrial, discharge the jury†. Either way, proceedings will not be allowed to continue if it emerges during the course of the trial that material evidence of bad character has been contaminated. A previous conviction can be admitted as evidence of propensity if it falls into either: (i) one of the categories of offences; or (ii) the statement of the offence in a written charge or indictment would be the same. Thus, a person who has been convicted of actual bodily harm and is now charged with actual bodily harm will fall into the second category (same description)-but a person who has been convicted of theft and is now charged with burglary would not. However, the Home Office will introduce two sets of categories of offences-the first broadly comprising all Theft Act offences, the second comprising sexual offences involving sexual contact with children. Therefore given the similarities between the previous incident and the current one it is likely that this information will be allowed to be admitted into the current proceedings. The reason for this is that the evidence can either be considered to be important explanatory evidence or alternatively that it is relevant to an important matter in issue between the defendant and the prosecution 7.Directing the Jury Because of the statutory grounding of the criminal evidence rules the rules on directing the jury, in relation to similar fact evidence and evidence of bad character have altered somewhat. The provisions that we are concerned with here are contained within Section 107 where evidence of the accused’s bad character has been admitted into the trial without the accused’s agreement, under section 101(1) paragraphs (c)-(g), and the court is satisfied at any time after the close of the prosecution’s case that (i) that evidence is contaminated such that (ii) a conviction would be unsafe, â€Å"the court must either direct the jury to acquit the defendant of this offence or, if it considers that there ought to be a retrial, discharge the jury†. Either way, proceedings will not be allowed to continue if it emerges during the course of the trial that material evidence of bad character has been contaminated. Finally, there is a power for the court to discharge the jury and either direct an acquittal or order a retrial if a judge, having admitted evidence of bad character, later decides that such evidence was contaminated. Contamination is defined in terms of evidence that is false or misleading in any respect, as a result of the witness who gave the evidence either having agreed to give false evidence, or being affected by hearing other evidence in the case. It seems these provisions are aimed particularly at allegations of multiple sexual abuse where other allegations are, on occasion, felt to be the consequence of collaboration by different witnesses. In such cases it would be open to the judge to cure the problem by direction to the jury, but where it is felt that direction is inadequate and any subsequent conviction would be unsafe, the judge is empowered to discharge the jury. In conclusion therefore if the judge is satisfied with the evidence and there is no evidence of contamination or collusion then this evidence of the defendant’s previous bad character will be admitted. Bibliography Legislation Criminal Justice Act 2003 Books Dennis I, (2002) â€Å"The Law of Evidence†, Sweet and Maxwell Huxley P O’Connell M, (2004) â€Å"Statutes on Evidence†, Oxford University Press McEwan J, (1998) â€Å"Evidence and the Adversarial Process, Hart Publishing Tapper C, (2003) â€Å"Cross and Tapper on Evidence, Oxford University Press Zuckermann A Roberts P, (2004) â€Å"Criminal Evidence, Oxford University Press 1 Footnotes [1] S100 (1) (C) [2] DPP v Boardman 1975] AC 421 HL [3] DPP v P [1991] 2 AC 447 at 460 [4] S100 (1) (C) [5] S100 (1) (C) [6] S100(2) [7] S100(4) [8] S 109 (2) [9] S 109 (2)

Wednesday, November 13, 2019

Essay --

Being born and brought up in Afghanistan doesn’t go particularly smoothly, especially when compared to the contemporary standards of the UK. Aside from on-going war, many outbreaks of diseases have occurred, which I have first-hand experience of. At the age of 10 I contracted the water borne disease of cholera, due to our village’s water supply being heavily contaminated. I fully recovered, however the experience left me with a spark of inquisitiveness into the importance of maintaining a clean water supply and not allowing it be polluted. Today, chemical engineers are at the vanguard of maintaining clean water supplies to where they are abundant and establishing clean water supplies to where they are scarce, alongside their many other contributions to modern day scientific breakthroughs. Having studied Physics, Maths and Chemistry, I understand the obligation chemical engineers feel to contribute to the ever expanding global society. I had already thoroughly enjoyed these subjects at GCSE level and it only seemed right to me to pursue them at a higher level; when deciding my A-Level...

Sunday, November 10, 2019

Nursing Study Guide Block 4 Final

Study Guide for the Final Exam Here are the rules: please do not call me or email me questions about the study guide. I will answer questions about the study guide during the brief review before the exam itself. You cannot memorize the answers to the questions and do well on the exam- the questions are meant to stimulate thinking, not to be answers. Please remember to review the chapters on shock and MODS as there are questions on this content. 1.There are several ABG questions; remember these also include oxygen numbers so be prepared to determine oxygenation in addition to acid base PH: 7. 35- 7. 45 PCO2: 35-45 HCO3: 22-26 O2: 94-100 2. Review the care of the patient with pneumonia, including applicable nursing diagnoses and measureable outcomes Restrictive respiratory disorder: decreased lung expansion- low PaO2, decreased lung compliance, normal to low P/Q ration, shunt, respiratory alkalosis (blowing off co2, more bicarbonate) increased RR, TV smaller.SOB/cough, dyspnea=how many words can they say in one breath chest pain, fatigue, wt. loss, lung crackles, care: HOB 30deg, fluids to clear secretions, tidal volume–normal breathing 500mL Nursing dx: impaired gas exchange, ineffective breathing pattern, acute pain Outcomes: maintains adequate alveolar oxygen-carbon dioxide exchange, clears lungs of fluids and exudates. Demonstrates effective RR, rhythm, and depth of respirations. Reports control of pain following relief measures. . Review the treatment for TB (look in Lewis), including medications, length of treatment, evaluation of treatment plan, who is most likely to get TB infection, and side effects of the medications Medications: aggressive TB treatment: four drugs for 6 months, (INH, rifampin [Rifadin], pyrazinamide [PZA], and ethambutol) Newer: rifamycins, rifubin, rifapentine, first line for special situations Length of treatment: 6 months- 1 YearEvaluation of treatment plan: resolution of the disease, normal pulmonary function, absence of any complication, no transmission of TB, Most likely to contract: Asians have the highest TB rate, followed by Hawaiians and pacific islanders. African Americans are the highest rate inside the US. (45%) Higher rates of TB infections with patients with HIV infections Side effects of meds: alcohol increases hepatotoxicity of INH, monitor liver function.PZA may not be included in initial phase (due to liver disease or pregnancy) 4. Review the care of a patient with lung surgery, including chest tube management To keep lung inflated & Drain fluid from interpleural space How do you know if collapsed lung: Blood gases, Chest X-ray, Vital signs, Color Air leaks – bubbling in water chamber: check your tubes for air leak & make sure they’re always free of kinks. Don’t milk the chest tube (unless ordered).Continued bubbling = pneumothorax not resolved yet, Constant vigorous bubbling = air leak in system Should see tidaling if not attached to suction >100cc/hr. of drainage = call doc Determine if working correctly by: Monitor output, pain, breath sounds, assess patient breathing, auscultate, ABG, pulse ox (SPO2), skin/mucous membrane coloring, and respiratory effort Chest tube pain is common- give pain meds >7/10 5.Review heart failure: right-sided (acute and chronic), left- sided (acute and chronic), pulmonary edema, cardiomyopathy and management of the patients; remember to review the hemodynamic changes (and values) associated with right and left sided failure RIGHT SIDED HF: (FLUID RETENTION): Corpulmonale, systemic edema, neck vein distention, weight gain, fluid retention, Risk: COPD, hypoxia (pulmonary HTN), causes pulmonary vasoconstriction.CVP = increased; PVR = increased; SVR = increased; wedge = increased; contractility = decreased medication: nitroglycerine to decrease venous return, fix preload LEFT SIDED HF: (RESPIRATORY) DYSPNEA ON EXERTION, back up in lungs, pink frothy sputum, decreased O2 stat, increase RR. CVP = increased; PVR = incre ased; SVR = increased; wedge = increased; contractility = decreased HEART FAILURE: Usually starts out with one ventricle.Nitroglycerine, aspirin, O2, pericardial thump, Lasix, ACE, + inotrope, Class 4, transplant, symptomatic. ACUTE HF: Dig, Lasix, ACE, ARBS, Betas, Calcium Channel, Nitro, and Aspirin, compensatory mechanism is ok. CHRONIC HF: both ventricles can fail (left to right), Dig, Lasix, ACE, BETA, ARBS (if cough), calcium channel blocker, Primacore, compensatory mechanism makes it worse. 2 CLASSIFICATIONS OF HF: 1. Systolic: problems pushing volume out problem with too much afterload: HTN. TX: decrease SVR with dig, Lasix (diuretics), ACE. 2.Diastolic: problem with filling and getting blood in (Hypertrophic cardio) less room for blood TX: Beta blockers to reduce contraction or calcium channel then ACE. If you give them DIG it will kill them (will increase heart working too hard). PULMONARY EDEMA: hallmark: pink frothy sputum, Left- sided heart failure. Decreased albumin, d ecreased oncotic pressure, increased hydrostatic pressure. Dilated: Left vent is dilated (stretched out of shape) decreasing the ejection fraction. Vent is overstretched from CHF or chronic hypertension.Diagnose with chest X-ray: heart is BIG. TX: Dig, Lasix, Ace. Arrhythmias will increase mortality rate HYPERTROPHIC: L vent hypertrophy decreases the ability of the chamber to relax, decrease contractility (athlete, hereditary. ) TX: BB, CCB Constricted/restricted: normal size heart with decreased cardiac muscle compliance. Scarred= fibrosis, radiation, infection (rheumatic fever) control of volume overload is AGGRESSIVE: Ace, Diuretic, Dobutamine, Nitroglycerin/Nitropresside, exercise restriction . Review patho and management of COPD, especially related to acute respiratory failure. COPD: obstructive, exhalation problem, air flows in but then becomes trapped, teach pursed lipped breathing to improve FRC. Clinical manifestations: increased lung expansion, normal to increased TLC, dec reased forces expiratory volume, increased functional residual capacity, decreased vital capacity, increased CO2, O2 sat-80-100, PaO2- 60 Best mask to use is vent mask, most precise O2 is delivered.Barrel chest- chronic hyperinflation of torso Corpulmonale, > expiratory time, wheezing or rhonchi, A fib from chronic overuse of right ventricle TX: beta agonist/beta stimulant=dilates airway (epinephrine, albuterol) Anticholinergic bronchodilators, corticosteroids, mucolytic=thin out secretions, Mucinex or SVN mucomist, pulmonary vasodilators not common, prostaglandin E2, supposed to dilate pulmonary vessels but BP can plummet too.Nitrous oxide can temporarily improve pulmonary HTN but doesn’t improve outcomes Respiratory Failure: ALOC- confusion, restless. Nasal flaring, increased HR, increased BP, increased RR, increased depth, PVCs, Pulmonary Embolism=blue very fast, otherwise cyanosis is a late sign 7. Review management of patients on ventilators, including process of weaning and recognition of weaning failure AC – assist control: doing all the breathing for the patient. It’s providing Tidal volume and oxygen.For your unstable patient NO pressure support needed SIMV – synchronized intermittent mandatory ventilation: For weaning: Makes it easier for patient to take their own spontaneous breath. Tidal volume off and O2 on. Pressure support adjunct PEEP – positive end expiratory pressure, Keeps alveoli open by use of positive pressure. Increases FRC – air left in after exhalation. ARDS patient. Little bit of positive pressure at the end of exhalation. Use with SIMV or AC. Keep between 5-10, and not over

Friday, November 8, 2019

Job Spotlight Clinical Nurse

Job Spotlight Clinical Nurse in keeping with our recent examination of specialized health careers, this week we’re looking at clinical nurses, who specialize in coordinating patient care and monitoring protocols and standards in clinical settings. what do clinical nurses do?according to o*net online, these are the main job responsibilities of a clinical nurse:collecting medical information from patients, family members, or other medical professionalsdiagnosing medical conditionsprescribing medicationsexamining patients to assess general physical conditionpreparing reports summarizing patient diagnostic or care activitiescollaborating with health care professionals to ensure optimal patient careproviding consultation in areas such as patient discharge, patient care, or clinical proceduresdeveloping and maintaining departmental policies, procedures, objectives, or patient care standards based on evidence-based practice guidelines or expert opinionevaluating the quality and effectiveness of nursing practice or organizational systemsdeveloping, implementing, or evaluating standards of nursing practice in specialty areas such as pediatrics, acute care, and geriatricsdirecting or supervising nursing care staffdesigning patient education programsproviding care to inpatients and outpatients within a designated specialty such as obstetrics, neurology, oncology, or neonatal careobserving, interviewing, and assessing patients to identify care needsessentially, it’s a dynamic role that involves collaborating with other practitioners, training nurses and evaluating staff performance, and educating patients on treatment options and procedures related to their care.what training will you need?most clinical nurses have a bachelor’s or associate’s degree; and the vast majority are registered nurses, or have degrees in nursing administration, nursing science, family practice nursing, or another specialty.hiring landscapemedian salarywho’s hiring?as of this post, there are almost 2,500 direct employers for clinical nurses. the top employers include:carolinas healthcare system (517 jobs)community health systems inc (305 jobs)consulate health care  (288 jobs)tandem health care of cheswick (259 jobs)baycare (254 jobs)providence health services (226 jobs)unitedhealth group (212 jobs)wakemed (209 jobs)indian health service (207 jobs)hca: the healthcare company (193 jobs)sample job postingcardiac/telemetry unit – clinical nurse specialist/clinical nurse leader/aprnfull time position available, primarily days, 8-hour shifts, evenings, some weekends and holidays as required.responsibilitiesexciting opportunity for motivated clinical nurse specialist to work across the spectrum of clinical services in caring for cardiac/telemetry patients to provide educational resource and leadership support. must have a strong clinical base as well as an interest/background in customer service, quality assurance, care management, orientation, and continuing educati on. main areas of focus will be working at the bedside with staff with focus on orientation, in-services, competency development and documentation.excellent interpersonal and communication skills a must. 3-5 years experience preferred, ms degree required.qualificationsrequires a master’s degree in nursing or related field and an active new york state license in good standing. applicants will have 5 years experience as an rn with one to three years of leadership experience; or equivalent combination of education and experience. the clinical nurse specialist influences the quality and delivery of care in various roles including consultant, researcher, mentor, and practitioner. this role may be unit, program, or service based and is involved in continuous quality improvement initiatives.apply here:  hot clinical nursing jobs

Wednesday, November 6, 2019

Momaday (Indian History) essays

Momaday (Indian History) essays It is as hard to classify N. Scott Momadays The Way To The Rainy Mountain as history, as it is hard to classify Momaday as a historian. According to Marius there are four main assertions to consider before making a decision. The first assertion is that historians study sources that tell them about the past, and they write because they see something in these sources that needs to be explained. Momaday does not necessarily study the sources written down by scholars that tell him of the past. He is merely remembering oral stories told to him as a child. He is letting the outside world into the Kiowa history for our benefit not for him to study it. Also, Momaday writes these stories to preserve them so they may not be lost forever, they do not need to be explained. The second assertion is that all historical writing begins as an effort to answer questions. We find a puzzle and try to solve it. Momaday in no way is trying to answer any questions. There is no puzzle he is looking to solve. The stories explain themselves and leave no questions unanswered. The stories are just that, stories. The purpose of these stories is to have a written account of his culture and history, because oral history can be lost forever. The next assertion is that our knowledge of history is always in flux; historians are always in dialogue not only with the primary sources of events (written accounts) they write about but also with other historians who have studied these events. To write history is to be engaged in an eternal argument. The Kiowa people have certain traditions. One of them is the telling of their history and where they came from. These stories get told a million times over and to many generations. To all Kiowa people there is argument as to their beginning. Momaday knows that these are the stories of his people and that historians will say that the stories are just to explain the u ...

Monday, November 4, 2019

Project Management Take-Home & Interview Assignment

Project Management Take-Home & Interview - Assignment Example These individuals take part in the decision-making processes that may occur when the project is underway. To ensure a success for the project, the roles of ach of the members of this project organization need to be specified and each individual should stick to his are of jurisdiction. The project manager is the leader of the project organization. The manager has the responsibility of managing the resources that are available for the project. He or she is also responsible for ensuring that the project is executed according to the schedule. Communication is very important in the management of a project. ‘It is important that all members of the project team (including the client) be on the same page at the same time during every phase of the project’ (Goto, 2000, p.5). It should be noted that all the activities in a project are essential for the completion of the project. A close and effective communication mechanism will enable the project manager and the other members of the team to identify the areas that may cause delay in the completion time of the project. This problem can then be fixed in liaison with the client depending on its gravity. There is need for constant communication with the project sponsor/client. This can be achieved by issuing more than one reliable communication means like mobile phones, e-mail addresses. The client organization and the consulting firm both have their permanent contacts that should be exchanged during the execution of the project. Failures in projects can be caused by risks and uncertainties that may not be foretold. However, the risks can be minimized by observing certain criterion. In planning for the project, it is important to ensure that the activities involved in the tasks are identified and time estimates given accordingly. The project manager should ensure that proper

Friday, November 1, 2019

Assignment 3 Example | Topics and Well Written Essays - 750 words - 1

3 - Assignment Example The landscape is, therefore, irregular, comprising both hills and valleys; hence, resulting in short rivers. On the other hand, in passive continental margins, there is limited tectonic activity; the major processes that occur here are weathering and erosion. This results in level, flat landscapes along the beaches, characterized by long rivers and large debris of sediment. The oceanic ridge, which is a continuous submarine mountain range spanning 80000 kilometers, is elevated relative to the other areas of the ocean floor. The elevation is brought about by convection currents that rise from deep within the earth’s crust through a mantle in a line of weakness, in the form of magma. When it emerges on the earth’s crest, lava cools down and forms a new surface on the sea bed. Continuous eruption and cooling of lava leads to a build-up of materials, which in turn cause elevation at the point the activities take place. The result is a ridge, which is higher than other sections of the ocean floor. Mesosaurus was a reptile that lived in fresh water lakes thousands of years before the existence of dinosaurs. The fact that scientists found its remains, in Eastern South America and Western Africa only, suggests that the two continents could have existed as one land mass millions of years ago. Whereas some schools of thought could have it that the reptiles could have swum across the Atlantic Ocean, this could not happen since Mesosaurus could neither survive in the ocean waters because of their saltiness, nor swim across the ocean due to its expansive nature. These, together with the fact that the coastlines of the two continents fit like pieces of a jigsaw puzzle, enforces the theory that the two continents once existed as one expansive land mass. One of the main objections to Wegener’s Continental Drift Theory was his inability to explain the mechanism through which the continents drifted apart. He proposed two theories; a

Wednesday, October 30, 2019

The FTCA and Government Incentive for Poor Policy Essay

The FTCA and Government Incentive for Poor Policy - Essay Example However, the passing of the act also contained thirteen exceptions that limit the scope of the FTCA. One of these exceptions, the Discretionary Function Exception (DFE), prevents government liability in numerous cases due to its vague use of the term discretion. This paper examines the history and creation of the FTCA, its exceptions, the role of the DFE, and concludes with suggestions INTRODUCTION: On a foggy Saturday in 1945, Lieutenant Colonel William Franklin Smith Jr. piloted a B-25 Mitchell bomber during a routine personnel transport mission. Although alerted to the sky’s zero visibility, LTC Smith proceeded to attempt to land at the LaGuardia Airport. Subsequently, the plane crashed into the north side of the Empire State Building killing fourteen people, injuring an elevator operator, and causing approximately one million dollars worth of damage (Richman 2008). As a member of the United States Military, and, therefore, a federal employee, was the government liable for the deaths and damage? Although at the time, sovereign immunity protected the government, public outrage over the B-25 Empire State Building crash paved the way for new public policy that allowed people to sue the U.S. government. Congress enacted the Federal Tort Claims Act (FTCA), in 1946, in attempt to provide justice for those injured due to government means or employees. However, the FTCA includes thirteen exemptions that restrict its use (Weaver & Longoria 2002). One in particular, the Discretionary Function Exception (DFE), seemingly exempts the government from liability in so many situation that it may render the FTCA moot. After examination of the history of the FTCA, the DFE, and case examples, it becomes clear that the DFE is too broad and defeats the purpose of the FTCA. Furthermore, alternatives exist that limit the scope of the DFE and retain the justice first sought with the creation of the FTCA. HISTORY: James Madison of the First Continental Congress proclaimed ther e should be limits on the United State’s sovereign immunity such that citizens had the right to make claims against the government (Weaver & Longoria 2002). Sovereign immunity is part of common law jurisdictions that dates back to English Law. It generally states that a sovereign or state cannot be charged with a criminal or civil offense. Prior to 1946, the only way to sue the government was by private bills that relied on legislative committees. However, the private bills proved to be expensive, time-costly, and frequently unjust. Nevertheless, the use of private bills continued until 1922 when Congress passed the Small Tort Claims Act. The Act authorized every federal department or establishment to process claims on private property up to one thousand dollars. This act also proved unjust as it covered property damaged by a federal employee but not a life taken by a federal employee (Weaver & Longoria 2002). Following heavy legislation and cases such as the B-25 Empire Stat e Building Crash, the Seventy-Ninth Congress passed the FTCA as Title IV of the Legislative Reorganization Act, 60 Stat. 842. The Act states it intentions clearly: "The United States shall be liable... [for] tort claims, in the same manner and to the same extent as a private individual under like circumstances" (sec. 2674). However, the act also includes thirteen exceptions to government liability (Cohen 2007). Examination of the Discretion Function Exception provides several examples as to why the court may interpret the exceptions too broadly to be effective. THE DFE: The Discretionary Function Exception protects the government against claims "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of