Building an Ethical Organization

In the present, social organizations that cater to the critical needs of the society are very much important. Due to the numerous issues and problems of the government, these critically needs of the people are indeed being neglected or insufficiently addressed leading to some complications on the ideal conditions of the people. Due to the extrinsic responsibilities of the government as the main social controller, attention and important resources towards the welfare of the small social sectors are commonly hindered and are directed towards other issue.In general, the budget and efforts regarding some social needs are indeed insufficient thus, outsourcing strategies employing human service organization is important. In this aspect, human service organization becomes an important aspect in this dilemma. These organizations effectively addressed some of the critical needs of the people such as in terms of healthcare needs, skill development training, educational assistance, cooperative businesses, and others.Through devoting their resources, efforts, and skills towards the effective satisfaction of the important needs of the people in their community or society, private human service organizations serve as assistance organization towards the achievement of the sufficiently welfare of the people. Considering this aspect, formation of human service organization is indeed important as they serve as an effective medium in the effective development of the society.The Organization Acting a new director for a human service organization, the author of this paper particularly sees a critical need for the effective development of the educational system in the society. Education indeed serves an important function in the society mainly as the medium of the people towards acquiring valuable knowledge, effective training, an skill development which are necessary in promoting the success of each individual.Due to this significance, it becomes the objective of this desired human service organization to provide assistance program and strategies towards the educational aspect. As the director of this newly established human service organization, it will be the main priority of this institution to provide educational assistance programs for the youth. A significant element in the system of this educational assistance organization is the establishment of its target population or likely clients.The primary target of this organization is to provide assistance program mainly towards the impoverished or financial-challenged population. These are the people or community who cannot afford privately owned educational institutions, which are significantly expensive for their capacity. As such, this organization aims to provide a similarly effective educational system through assisting the normative educational curriculum from public institutions.Through which, this organization can develop the same effective educational training system for the benefits of the majority of the population. Through starting from the primary learning system of the young children of developing an effective institution and environment for preschool and kindergarten learning, this organization’s objective can be effectively started in the community. This will be continued through assisting the student while in the course of social learning curriculum to sustain the continuous training and the high-quality learning objective.Finally, the college system, which is deemed most critical for effective development will also, be given attention particularly on the financial aspect of this stage. Thus, aiding the financial needs of the student while in this stage will be important for the successful development of the individuals and the community collectively. The implementation of this aspect will have a screening stage for the effective management of the resources and efforts for this objective.Indeed, this organization aims to aid the population that is financially ch allenged in achieving effective and high-quality educational training. Mission Statement: Included in the services planned by this human service organization are the developments of primary educational and training institution dedicated for educational needs such as preschool and kindergarten schools for young children, weekend learning program for primary and secondary students, and financial assistance projects for college students.Regarding the first objective, this social organization will establish children educational facilities namely for preschool and kindergarten in targeted communities. These facilities will include professional childcare personnel who will assist the children in their early social interaction and learning development. For the second objective, educational assistance for primary and secondary students will be created which will be held in established facilities such as community centers and public schools.This will become an expansive strategy from the nor mative school curriculum to develop more critical and in-depth learning development for the public school student’s population. Third, among the primary objective is the development of the financial assistance program for needing students through the college curriculum including financial loaning system, scholarship grants, and apprenticeship program for skill development. Through this approaches, this institution can successfully promote both individual and social development through the aspect of the educational system.Values Statement: Being an educational institution wanting to provide the best possible service to its target clientele, the organization tries its best to reach the standard it has set for itself. The constancy of dealing with this particular need is certainly an essential factor that needs to be faced by the administration of the organization. The values of the clients served by the organization are the main foundation of the entire institution. The differe nt values are then counted as important elements of success in the business.To be inspired in doing so, the mission of the institution shall be carried all throughout the operation of the educational organization. As a non-profit organization, the institution aims to hone the different aspects of organization all for the benefit of the clientele to be served. References: Robert J. Starr. (1994). Building An Ethical School: A Practical Response To The Moral Crisis In Schools. Routledge Publishing. Kenneth A. Strike. (2006). Ethical Leadership in Schools: Creating Community in an Environment of Accountability (Leadership for Learning Series). Corwin Press. Building an Ethical Organization There has been a substantial increase in the prevalence of health problems in the society today. Diseases without cure like HIV/AIDS and other sexually transmitted diseases whose treatment is extremely expensive are here with us. These diseases present a challenge to the current society. The problem is intensified by the fact that many of the members of the society cannot afford to foot the costs of basic healthcare let alone the expensive diseases. Another contributor to the problem is that sexually transmitted diseases are more prevalent among poverty stricken communities.The diseases have been cited as a great threat to development in the society as they kill or debilitate members of the society who are the force behind developing the economies in their communities. From this situation therefore arises the need for the provision of treatment services to the society at low costs. This is the only way to save the society from slumping back to poverty and more disease. It is in view of these problems therefore that the low cost medical services public health clinic has been proposed, and plans for its continuity been devised.This paper looks into the various aspects that are to be the mainstay of the operations in the clinic. These aspects include the scope of services to be delivered, the conduct of the personnel in the clinic and the organizational structure to be used in the organization. The public health clinic is a non profit ethical organization meant to deliver medical services to the society. The services the organization is designed to offer address the issues of lack of adequate healthcare in the society today.Since the diseases that the clinic targets demand costly treatment facilities the organization strives to ensure it provides services that are of high quality. Recovery of the health of the society is an aim of the organization and it recognizes the need to use high quality instruments in the delivery of health services. The organization theref ore will use latest technology tools and methods to make sure services the services delivered are of the highest standards and address the health problem fully.The organization, being a non profit organization, will deliberately work for the people who are suffering from serious diseases and have no money for treatment. Many non profit hospitals engage in outreach programs aimed at assisting the community. These programs directly or indirectly affect the health in the communities. The activities go beyond the traditional role of the medical organization. They create environments, both social and economic that would influence behaviors to better health and better communal well-being (Aday, 1993).In the day to day running of the clinic there shall be provision of services like immunization programs, services meant for prevention of sexually transmitted diseases, and providing health assurances and assets assurance. Immunization programs are aimed at preventing infectious diseases in t he population. Infectious diseases are a cause of many health problems in the society. Lack of immunization in the society causes occurrence of diseases like tuberculosis which is a leading killer disease, and polio which has no cure.The devastating effects of these diseases point to the old saying that prevention is better than cure. The program of preventing sexually transmitted diseases is meant to cut the numbers of people currently suffering from the disease in the society. The numbers of those who suffer from sexually transmitted diseases are very high and given the high costs the treatment of the diseases there is an urgent need to root out the diseases from the society. One of the aims of the organization is to steer the society from the brink of health disaster and to ensure that in the future not much diseases to cure.This program will disseminate information on HIV/AIDS prevention and synthesize the community on the risky behaviors and benefits of behavioral changes. Heal th assurance and assets assistance are initiatives that are meant to ensure that those who run the risk of getting infected with diseases. For instance, there are workers in the health sector like home based care providers for the HIV/ AIDS disease who run the risk of contracting the disease. Asset assistance is geared to giving out assets like rooms for other collaborators in the health sector to deliver health services to the community.The assets are available for groups such as counselors and for mobile disease screening practitioners. The clinic functions will also encompass keeping of birth and death records, emergency services like child delivery services, as well as offering services to the disabled. Apart from these the clinic shall venture into the field and provide educational programs. The clinic shall provide the society with information on environment protection. Environmental protection is a preventive measure on diseases caused by germs such as dysentery and diarrhea. The mission of this clinic is to protect patients suffering from AIDS and other sexually transmitted diseases through superior health care system and excellent customer care service on a very reasonable price or at the structure. As it is stated in (Abidi, 2001), the clinic is focused on tackling diseases that are extremely dangerous to the community, and through its employees, endeavors to provide high quality services that are aimed at detection, and prevention of diseases as well as providing educational programs and personal & environmental health.In the organization of the clinic the employees shall be there only for serving the patients with best treatment and facilities and not for earning money. The employees shall be focused on the goals of the organization as described in the mission statement to the latter. The nurses and doctors and other clinic workers shall conduct themselves in line with the ethical attitudes delineated in the work plan of the organization. Again the employees of the clinic shall be required to follow their professional ethics in order to provide high quality services.There is a general tendency of employees to slacken in delivery of services especially if there are no monetary gains being made. This stems from the natural ambition of workers to make profits for their institutions. To avoid this problem from affecting the clinic organization, the workers shall be adequately briefed on the mission of the undertaking. Their ethical sensibility shall be called into the equation. Moreover the employees shall be well renumerated for their services.Good pay will reduce the chances of their breaking of the clinics mission and its ethical code since some may get tempted to make money on the sidelines of the organization. It is known that if the doctor is not well paid they end up starting their own clinics and these results in the doctor giving substandard services in the place of employment. Lack of good pay also increases the chances of the doctor stealing things like medical instruments and medicine from the clinics. The organizations code of ethics shall be based on international ethics medical association standards.The ethics are safeguards for the provision of good services to the patients. The organizations code of ethics shall include: Practice of the medical profession with conscience and dignity. The medical staff shall be required to carry out their duties guided by their conscience and in a manner that are dignified. Conscience will always make the practitioners do their best to avoid guilt, and conducting themselves with dignity the workers shall respect the laws of the profession. Priority is given on the life of the patient.This means that in-spite of all other things that the medical practitioner will be involved in, be it in the clinic or outside the place, they should be ready to attend to patients at any time they are called upon. The urgency involved in their duty sometimes requires that they m ust be ready to attend to patients anytime of the day or night. Respect of the secrets that are confided by patients. The staff of the clinic shall not divulge secrets they get from patients in the course of treatment. Medical practitioners get privy to many secrets of their patients which they get as they conduct oral and physical diagnosis of the patients.It is unethical for the practitioners to let the secrets out. Another ethic is to honor the noble traditions of practicing medicine in all situations. The workers shall be required to uphold to the traditions of the medical profession. The medical field is a field that is vocational in nature and those who go into it are supposed to enthusiastically adherer to the practice of giving medical services without being followed. Good cooperation between co workers. Good cooperation between the workers is a virtue tat requires deliberate effort of each member of the organization.This ethical practice gives each member of the organizatio n an easy time in doing their work. Practice no biases based on religion, nation or race etc. biased practices are some of the leading courses to the derailment of the goals of corporate undertakings. Since the services offered in the clinic are sought after by people from all walks of life it is fundamental for the doctors and nurses to carry out their activities with no bias at all. Never to use medical practice contrary to humanity laws in respect for human life.Humanity laws shall be given priority in all cases a contradiction occurs between the humanity laws and other issues. For instance when there is no money to pay for the subsidized services the medical attendant should give the treatment all the same. Self respect. Self respect goes with dignity medical personnel should show. Someone who respects themselves is more unlikely to be careless in their duty. Consecrate the life to serve humanity. Members of the organization must be dedicate to serving humanity to the best of th eir abilities (Geneva, 1948).The specific contribution of each ethic adds up to a body of work values that are in conformity with the mission of providing the best services to the patients. Within the organization there shall be a culture of collective responsibility. Since all of the work in the organization is ethically bound the members of the organization shall be dedicated to being responsible. This philosophy shall enable the members to check on each other and ensure that all work for the fulfillment of the goals and aspirations of the organization as stipulated in the mission of the organization.Non profit corporations such as those of health care are charities, and being so have exemptions from paying some taxes. The corporation therefore, must be seen to engage in charitable activities as defined in the laws of the state. By the law, non profit organizations can be pushed by government agencies to deliver the services they are supposed to give (Robert, 2006). The organizati on should strive to make sure the government has no reason to resort to using this measure on them. Participatory leadership is suitable for the leader of the clinical organization.The leader therefore shall lead in a manner likely to inspire confidence in the others. The leader shall be an example that the other workers can emulate. They should be embodiment of virtues like dependability, dedication, creativity and proper decision making. The leader is morally responsible to the patient in that they must ensure that the services given out to the patients are of the best possible standard, and that the workers under them perform their duties in accordance to the stipulated ethical code.Being an example, the leader shall effortlessly inspire the adherence to the culture of taking collective responsibility. According to Robert the governing board of hospital has the ultimate responsibility to appoint members of its staff who serve the patients satisfactorily. Then through the constitu tion of by laws the board delegates the responsibility for the patients’ healthcare to the medical staff (Robert, 2006). Relative supervision shall be in place and this will partially ensure the code of ethics is adhered to. Administration members will be in charge of overseeing the coordination of the affairs of the organization.However this duty shall be delegated to departmental heads as this are the people who can accurately see the daily happenings in their areas of specialization. The expectation, however, is that every individual employee shall abide by the ethical code out of their own volition. There shall be freedom of expression among the workers such that those who think others are not following the stipulated ethical practices can openly share their views. In matters which may include danger such as reporting a worker for gross misconduct the employees are advised to report to the relevant authorities.Protection of the whistle blower is guaranteed. It is imperati ve for the employees to know that any action they take that protects the sanctity of the code of ethics is acting ethically. Conclusion As it has been seen through out the paper the organization is dedicated to the provision of high standard medical services to the population. Adequate planning has therefore been put in place for the realization of the goal of providing world class services to the patients suffering from sexually transmitted diseases ands the promotion of general disease prevention measures to members of the society.The mission for the undertaking is the spirit all the other processes that the clinic, as discussed in the paper, needs for optimal performance. Behind the making of the organization structure, the devising of a working culture, the decision on oversight and the deliberation of a skill for leadership is the mission. The resultant organization has a workable structure and definitely will be able to function and deliver the desired result. References Abdi S. S. (2001).Knowledge Management in Healthcare: Towards â€Å"Knowledge Driven’ Decision- Support Devices. International Journal of Medical Informatics. 63(1-2):5-18 Aday, L. A, (1993). At risk in America: The health Care Needs of Vulnerable Populations in the United States. San Fransisco: Jossey-Bass Robert D. & Miller, J. D. (2006) Problems in Health Care Law (9th Edition). West Publishing Company. The second General Assembly of the World Medical Association 1948. Medical Ethics Alliance [email  protected] org Retrieved; November 20 2008.

Anaylse “The Thing”

The old cover was published on the video tape of the film. The new cover was published on a DVD. The old covers was published by PolyGram company and the new one was published by Universal Studios. The intended audience for the old cover is people over the age of twelve. I know this because the certificate on the film is twelve. This is in contrast to the old one where the certificate is eighteen. This reflects the advancements of technology, cameras are more powerful and are superior than they were forty years ago and are capable of putting more affects in order to make the film to appear extra horrific. The old movie may not be suitable for over twelve because of it will require a long attention span and this shows that the movie is created for people who have longer attention spans. And the subject that is covered in the film will not be designed for under twelve's and they may loose interest. Both films are for people who are fond of science fiction (sci-fi). I think it is designed for the entertainment of both sexes and regardless of your level of education; you shouldn't have too much intricacy understanding both films. There are opinions on both of the covers. The purpose of the opinions is to persuade the reader to buy/watch film. All the opinions are positive and the effect this has is to make the reader think positive things about the film. On the old cover the opinion is â€Å"Howard Hawk's superb sic-fi thriller has become a huge cult classic and it is chilly as it is now as it was forty years ago†. â€Å"Chilly† is a play on word with two definitions it can indicate that it is very cold and also terrifying; both definitions apply to the text. The purpose of both texts is to persuade. It's a horror/sci fi so it has to appear to be bloodcurdling and the language should reflect this. Long sentences are used on both covers. The use of ellipses creates suspense and the reader would want to know more. Lots of alliteration is used throughout both texts. â€Å"Cult Classic† re-emphasizes the fact that the film is one of a kind and that it's not to be missed. â€Å"Strange Spaceship† and â€Å"Superb Sci fi† are also examples of alliteration, alliteration helps you to remember and it sounds better on the tongue. Alliteration can also aid in memory and it provides additional emphasis. The text is their to show the positive light and to persuade the reader to watch/buy the film. The producers of the film do this because their ultimate aim is to make profit. On both covers there are facts and opinion. Old Cover- â€Å"A government station near the North Pole detects the crash of an un-identifies object and asks the air force to investigate. Captain Hendry locates a strange spaceship and a mysterious figure is frozen in the ice† This is a fact as it tells the reader what is going to occur in the film. â€Å"Howards Hawks superb sic fi thriller† this is an opinion not everyone will think the same. On the new cover, â€Å"Horror meister John Carpenter (Halloween Escape from New York) teams Kurt Russels outstanding performance with incredible visuals to build the chilling version of the whole classic thing†~ This is a positive opinion of the film, this again is their to persuade the reader to purchase the film. This opinion also promotes the actor (Kurt Russels) and this in turn will make his fans wanting to watch the film. They use hyperbolic language when describing his acting as â€Å"outstanding†. John Carpenters name is frequently repeated and his high-quality horror making skills are re-emphasized frequently. â€Å"In the winter of 1982 a twelve man research at remote Antarctica research team at a remote Antarctic research Station discovers an alien buries in the snow for over 1,000,000 years†.~ This is a fact, it tells you what will occur in the film, and it makes it sound as appealing and alluring as possible. The use of the word â€Å"remote† makes you sympathize with them as they are alone and isolation with a terrifying monster/alien on the loose. There are various number of people quoted in the covers of the film. In the New cover â€Å"John Carpenter† is described as a â€Å"horror meister†. Film-fans who have viewed any of his previous films before and are a fan of his work also want to view this one. In the old cover Howard Hawk is described as producing a â€Å"superb sci fi thriller† and his previous films are used to his credit (they appear to be quite successful) so that is another favourable impression of the film. The writer is very pleasant, carefree and blithesome. His writing tone is very spirited and refreshing this is probably because they are not talking about a serious issue, they are promoting a film. They are bias because they are only focusing on the positive things about the film. I am sure the film is not flawless. What about the film critics what about the negative comments that they have made about the film? Kurt Russels outstanding performance† – not everyone will agree. The actors are illustrated on the both of the covers rather than the brains behind it all. On the new cover the illustration of a strange man with a beard on engages the viewer. This image is right next to the blurb. The slogan is â€Å"Man is the warmest place to hide†. There is mysterious image of someone (alien or human?) on the front cover with this person is faceless, and this again engages and captivates the viewer. The new cover has blue and white on it, perhaps this is a connotation for ice and arctic weather as it is freezing in the Antarctic. The title of the film (The Thing) is in very large bold print and it's in upper case letters. The old cover is mainly black and white and the text and title of the film is in red print. Red as colour is very bright and stands out especially when the background is back and white. Perhaps the colour red is a connotation for blood and danger. The alien is portrayed as being colossal compared to them and it's made to look very intimidating and threatening with very razor-sharp lengthy fingernails. For forty years ago the old cover would have almost certainly have been the finest for the time period. The fact that they wouldn't be as much competition as there is now than forty years ago would also help conspicuously. The cover of the new film is very extremely attractive and I would unquestionably be interested viewing it. The old cover perhaps the older generation would like to view. I prefer modern movies but then again this is a matter of personal opinion.

Genetics and Child Development Essay

Genetics play a vital role in our development and that of our children. Our genetic make-up, or traits, directly affects our children’s development, from the moment of conception and the beginnings of a new person, throughout his or her life. The child’s developmental fate is all in the deoxyribonucleic acid, (DNA). Deoxyribonucleic acid, is fashioned in the shape of a double helix; a twisted ladder of genetic code, which along with various proteins, which are essential to aid the DNA in proper cell division, are found in chromosomes. These are the microscopic structures that contain all an individual’s genetic information which are found in every cell of the human body except red blood cells, which have no nuclei (TGC, 2013). Half our chromosomes (23) come from our father, and the other half from our mother, for a total of 46. Together, this set of 23 pairs of chromosomes is responsible for giving us our hair color, eye color, height, the shape of our earlobes, our facial features, our shape, and the color of our skin; our genotype, or inherited traits from both parents’ genes (Mossler, 2011). Child development is dependent on genetics and the compatibility and health of the combined parental sets of chromosomes (GSLC, n.d). Things can go wrong, and parts of essential chromosomes may be deformed, rearranged, abnormal or missing; this can wreak havoc on the well-being of the developing fetus, resulting in deformities, mental retardation, and birth defects (GTC, 2013, para.1, sub sect. 2). Risk factors for a higher incidence of these chromosomal abnormalities include maternal age, and sometimes paternal age, and/or they may be due to a glitch in meiosis; the process where gametes or sex cells are formed; the egg (ovum), and the sperm, each containing 23 chromosomes (GSLC, n.d). Genetic counselors talk to couples before conception or during their pregnancy, regarding any worries they may have with their combined family genetic history. The counselor is consulted to assess the outcomes of possible genetic disorders such as Tay-Sachs, Cystic Fibrosis, Down syndrome, and many others. Fetal intervention may be a distinct possibility for some inherited diseases with which a genetic counselor may assist couples. Down syndrome is one of the most common chromosome abnormalities, which is recognized by a duplicate copy of chromosome 21. Babies with Down syndrome have flat features, including extra skin behind their necks, short, stubby hands, and recessed chins. Their eyes look as if they were born of Mongolian heritage, and Down syndrome was formerly known as Mongolism in the pre-1965 era, due to this exact feature, even though it has nothing whatsoever to do with this particular syndrome. The term â€Å"Mongolism† was dropped in 1965 by the World Health Organization (WHO), (Lowe, 1949). Maternal age is relevant when it comes to an elevated risk of Down syndrome; according to a study, 1/350 normal live births born to mothers age 35 resulted in Down syndrome; whereas, one Down syndrome birth in 85 normal live births occurred when the maternal age was 41. Mothers over 45 years of age, had a 1/25 chance of giving live birth to a baby with Down syndrome (Hook, 1983). Oddly enough, 80 percent of Down syndrome occurs at a maternal age of less than 35 (TGC, 2013, para.1, sub sect. 2). Child development of the child with Down syndrome is held on a parallel with normal children; however, the child with Down syndrome may achieve with less competence than that of his normal classroom counterpart. Evidence reveals that children with Down syndrome benefit from integration and interaction with others in a normal school environment. In particular, they show significant gains i n spoken language, reading, writing and arithmetic. This enhances their ability at a later stage to successfully interact with adults and become productive members of society (Buckley & Sachs, 2001). When I had my youngest child at almost 42 years-old, I had amniocentesis to test for Down syndrome and other abnormalities, as I was an older mother. My obstetrician believed I may be carrying twins; however, he came to the conclusion that my single baby absorbed his twin in utero, which today is quite commonplace. â€Å"Cystic Fibrosis is the most common genetic disease in Caucasians. The incidence is 1/300, and 4 – 5 percent of Americans are carriers. Chromosome 7 is the one affected here, whereby it is caused by a change in a single nucleotide (a phosphoric ester of a nucleoside; the basic structural unit of nucleic acids, DNA or ribonucleic acid (RNA). This disease affects the respiratory tract, in that it becomes clogged by mucus, which increases the incidence of pulmonary infection. Additionally, secretions obstruct the pancreas, which leads to dietary problems (GSLC, n.d).† Cystic Fibrosis or â€Å"55 Roses† as it is commonly called by children suffering from the disease, affects child development by posing cognitive, emotional and behavioral challenges. To conclude, in writing this paper I have developed a better understanding regarding the world of genetics and chromosomal diseases and their effect on child development. Children and their individual development through the various stages of these chromosomal diseases and disorders pose many challenges for them to overcome, and are more often than not, life-changing events for their families. Life expectancy for CF sufferers is not longevity; however, the quality of their limited lifestyles should be paramount within their family’s goals to make their child’s life on Earth as pleasant a time as possible. Down syndrome, however, although outwardly obvious to the perfect stranger, is nevertheless one of the milder forms of chromosomal diseases that can be worked through, albeit a challenge, to transform the sufferer into a fully functioning productive member of society. References Buckley S.J., Sacks B., (2001) An overview of the development of children with Down syndrome (5-11 years). Down syndrome Issues and Information. Retrieved February 12, 2013, from: http://www.down- syndrome.org/information/development/childhood/ Ernst, M.M., Johnson, M.C., Stark, L.J., (2010). Developmental and psychosocial issues in cystic fibrosis. Retrieved February 12, 2013, from: http://www.ncbi.nlm.nih.gov/pubmed/20478499 GSLC, (n.d). Genetics and child development. Retrieved February 12, 2013, from: http://gslc.genetics.utah.edu/units/disorders/karyotype/ Hook, E. B., (1983). Frequency of Down syndrome per maternal age. Jama 249:2034- 2038. Retrieved February 12, 2013, from: http://www.ds-health.com/risk.htm Lowe, R. F., (1949) The eyes in mongolism. Br J Ophthalmol. Retrieved February 12, 2013, from: Mar;33(3):131–174, http://www.ncbi.nlm.nih.gov/pmc/articles/PMC505809/ Mossler R. A., (2011) Child and Adolescent Development San Diego, CA. Bridgepoint Edu TGC, (2013). Genetics and chromosome analysis. Retrieved February 12, 2013, from: http://www.thegeneticscenter.com/chroman.htm

Summary Essay Example | Topics and Well Written Essays - 1000 words - 3

Summary - Essay Example Intruders try to gain control on the computer systems to access confidential information. Someone may place harmful programs in one’s computer. To challenge these eventualities, understanding technologies that govern the internet and introducing them into the system without delay is the answer. Some of the networking systems are Broadband, Cable Modem Access with â€Å"shared medium† topology and DSL Access. From the point of view of technology, broadband services are different from traditional dial-up services. In the latter case, computer connects to the Internet when it has something specific act to perform. As soon as the action is over, after the specified idle time, the computer will disconnect the call. A different IP address is assigned on each call, since the Internet connection is part of the pool system of the modems. An intruder finds it tough to break-in, into the data in this system. Since Broadband is â€Å"always-on† service, the intruder has the fixed target to attack. Large networks like corporate and government have protection systems by many layers of security, in the form of firewalls to encryption. The same may not be possible for an individual user of internet. Your ISP takes care about maintaining the services offered to you. The ultimate responsibility for operating the home network is with the concerned individual. Many protection systems are in use for safeguarding the operations and communications of the computers. Protocol, Internet Protocol, IP Addresses, static vs. dynamic addressing, NAT, TCP and UDP Ports, Software firewall - specialized software running on an individual computer, or Network firewall - a dedicated device designed to protect one or more computers. Antivirus software system is one of the important agents that guard one’s computer against viruses. They indicate the possible presence of viruses. New viruses are discovered daily and there is no fool-proof method to stop them altogether. Pr ofiles needs to be kept up-to-date, and appropriate solutions must be found to tackle the new viruses. The important information security areas are confidentiality, integrity and availability. These fundamental rules are applicable to individual users of networking system, as well as to the corporate and government networks. The user must be constantly on the lookout for new threats, and keep one’s knowledge up-to-date with the help of new technologies that are introduced for the protection of the networking community. Eternal vigilance and taking simple protective steps are assurances that the system will not be affected by the common threats. The risks in the networking field are both accidental and intentional. Intentional risks are the handiworks of the intruders, and this has to be challenged immediately, as no network user likes to reveal one’s information to others. Curtailing Information Security Vulnerabilities through Situational Crime Prevention Internet rev olution has engulfed and impacted majority of the segments of life of humankind. Information has taken over the center-stage of business activities, whether it is administration, production or marketing. Consequently, an unfortunate aspect of this positive development is the rapid increase in cyber-crimes. To counter this, many security systems meant to protect computer applications are on the anvil. The business houses and government departments have resolutely reacted to the exploitation of

Chamber concert Essay Example | Topics and Well Written Essays - 500 words

Chamber concert - Essay Example The above mentioned artists were invited by the organizers to grace the occasion due to their good record of their work in the music fraternity. Yu-Mei Huang who featured in the concert is a well known violin player who has produced numerous records of music. He has proven beyond reasonable doubt that he is an outstanding chamber musician and a soloist. Yu-Mei Huang has featured in many concerts as a pianist and a violin during his career growth in the United States of America and Asia. It is noted that Yu-Mei Huang perfected his act by undertaking a degrees in Violin Performance and Conducting at Florida International University. Yu-Mei Huang uses his talent to teach other people in the community the acts of music as a sign of thanksgiving to the community. Guangyu Xie is an artist who loved to play the cello from his childhood age till now. It is said that Guangyu Xie started playing the instrument at a tender age whereby at the age of twelve he won a prestigious award in his home country which is china. The artist has won many prestigious awards in his career life which has inspired the artist to work much harder. Music produced by Guangyu Xie has received a positive reaction from the people all over the world where they sell of the music has brought about a lot of wealth to the artist. Guangyu Xie has perfected his act by undergoing a degree course in cello performance in Russian. This move has made it possible for the artist to visit many countries to perform and to motivate young upcoming musicians. Guangyu Xie is currently working with the faculty of Shanghai Conservatory in Shanghai, China. The presence of Chih-Long Hu in the chamber concert made the show to be interesting to the audience. Chih-Long Hu is said to be one of the world renowned active pianist. He has won many prestigious awards during his career. Such awards include the Taipei National Concert Hall Arising Star and the Chi-Mei Artist Award. He has

THE EARLY GUILTY PLEA DISCOUNT Essay Example | Topics and Well Written Essays - 2000 words

THE EARLY GUILTY PLEA DISCOUNT - Essay Example It also determines whether such discounts in any way create a penalty for offenders who plead not guilty thus exercising their right to trial. A sentencing discount refers to a particular reduction that is normally quantifiable and relating to a discrete factor and which the court apply after taking all other considerations of sentencing into account. They relate to post-offence conduct on offender’s part. An individual who has committed a criminal offense has some options in responding to accusations made against him or her. The rules of criminal procedure in a court of law allow an offender to enter a plea of guilty or not guilty and if the offender fails to enter any plea, the court enters a plea of not guilty on for the offender and then begins the trial (Howie, 2008). There has been heavy contest on the levels, aspects and the extent of discounting sentences for defendants who plead guilty. In the recent years, the Australia high court has also weighed in on the debate. It is a statutory requirement in Queensland that the court should take into account a guilty plea and if the court fails to reduce a sentence; it must state its reasons. However, if it reduces the sentence, it is not obliged to state what the definite reduction in sentence was. Actually, even without remorse, the court holds that there should be reduction in sentence. It has also been a requirement for a court to point out the way in which it is reducing a sentence, if it is reducing it as a following the plea. It may achieve a reduction by recommending an early parole. In determining sentence for the offence, a fact of unaccepted offer to plead guilty is relevant (Freiberg, 2006). Following the concern of the discrimination that two elemental notions in sentencing engendered, justices Callinan, Gaudron and Gummow had a joint judgment. They observed the

Market Orientation Essay Example | Topics and Well Written Essays - 500 words

Market Orientation - Essay Example Different departments within the organizations are completely oriented towards identifying and designing methods to meet these changing customer demands. According to Naver and Slater (1990), organizations that follow marketing orientation tend to follow five key strategies namely customer orientation, competitor orientation, interfunctional-coordination, organizational culture and focus on long-term profits. Most well-known market-oriented organizations are Sony, Dell, Toyota, General Electric, etc (Day, 1999). These organizations are customer-focused and use marketing information to develop strategies that enhance customer satisfaction. Several benefits have been identified with market orientation. A market-oriented firm can focus and retain its loyal customers that are of more value to the firm’s business. These firms usually have higher employee satisfaction because of greater customer satisfaction and vice versa. This further enhances employee commitment and their product ivity.

Professional Conduct in IT Assignment Example | Topics and Well Written Essays - 750 words

Professional Conduct in IT - Assignment Example As an employee, I am an agent to my employer. My employer would be vicariously liable for my wrongful acts within the scope of my employment, and if I were to decide to fix the system, the criminal liability of abetting tax would also fall on my employer (Berta, 2003). I am required to exercise due diligence in the normal course of my duties for the company, since any misconduct on my part could place civil or criminal liability on my employer. My duty as an IT practitioner is to provide professional review of systems in accordance to existing laws and regulations. I also have the duty of improving public understanding of computing, and I should use my professional knowledge and expertise to offer comprehensive evaluations of computer systems (ACM 2008). As such, I would make the clients understand the possible consequences of subjecting the system to wrongful use, as they are obviously doing. I would not go to the extent of reporting the matter to the authorities. However, although I have the duty to maintain client confidentiality, I would report my diagnosis of the system to my employer, and explain that my failure to fix the problem is due to its contradiction with my IT professional ethics. Reporting the matter to the authorities does not fall under my area of expertise, and I am only liable for actions falling under my professional duty to either my employer or the customers. My professional ethics cover the area of IT, guiding my relations with the client and employer, product management, professional judgment, and overall professional conduct (IEEE Computer Society 2011). As such, I would not be held professionally responsible for not reporting the matter to the authorities. However, my personal moral principles would determine the extent to which I go in search of justice for the company’s tax fraud. Reference List ACM 2008, ACM Code of Ethics and Professional Conduct. Retrieved October 20, 2011, from http://plone.acm.org/membership/COE_Flyer.pd f Berta, J. 2003, Employer Liability for the Wrongful Acts of its Employees, McCarthy Tetrault LLP , pp. 1-13. IEEE Computer Society 2011, Software Engineering Code of Ethics and Professional Practice. Retrieved October 20, 2011, from http://www.computer.org/portal/web/certification/resources/code_of_ethics Question 2: What due diligence requires in such a case A request to fix a system that obviously aids in illegal and unethical practice, in this case tax fraud, presents an ethical dilemma to an IT practitioner (Adams & McCrindle 2008). Professionally, the practitioner has a duty to the employer as well as to the customer, and is also required to maintain proper conduct in adherence to professional code of conduct. If faced with the request to fix the system, I would decline based on the illegality of the practice being upheld. As a professional, I should not make deliberate deceptive claims concerning a system, but should instead disclose any pertinent issue evident in the system (Peslak 2007). In this case, I would make it known to the clients that their system is faulty due to its application in unlawful practices. I would be honest with the clients, letting them know where the problem is in the

Admission Article Example | Topics and Well Written Essays - 250 words

Admission - Article Example Within the campuses, libraries, classrooms and laboratories are equipped with facilities that fulfil state-of-the-art technology. In the final two years of their studies, students take part in a minimum of six experiences in clinical fieldwork (NSU, 2014). Through this, they are not only exposed to practical experience in building their skills, but also potential employers and the professional environment. Further, graduates have the opportunity to proceed to masters and doctoral degrees either at NSU or other institutions. A significant inspiration comes from the therapist that has been supervising my volunteer hours, who is also a graduate of NSU. Through his guidance and support throughout the volunteer hours, it is evident that NSU produces professionals who are passionate about their work. Apart from academics, NSU offers vibrant student and faculty life throughout its campuses which include cultural activities, professional and social events, fitness and wellness clubs and, mor e importantly, the National Collegiate Athletic Association (NCAA) athletics (NSU,

The Spirit Catches You and You Fall Down by Anne Fadiman Essay Example for Free

The Spirit Catches You and You Fall Down by Anne Fadiman Essay 1st chapter reflections: This chapter which introduced me to Lia’s family was interesting. I was shocked to read that in her mother’s country of Laos, Lia would have been born by her mother squatting on the floor! They also used special created remedies to solve health issues without relying on hospitals or clinics. It was also interesting to read how important the Hmong people believed in sprits and how their life decisions where decided around the sprit actions. For example, they believed that male sprit’s held up their house roof, if the male’s placenta was buried near the central pillar of the house. Lia was even blessed by the elders because her parents believed that it was a way of protecting her from ever getting sick. If anything, reading this chapter quickly gave me a quick preview of the clash that Lia’s cultural beliefs will have with the American doctors when she gets sick in the future chapters. However, I’m hoping that this book will pick up a little faster and have less history moving forward (being honest lol) 2nd chapter reflections: This chapter started in a class at college; it continued to explain how a Hmong student spent extra time on his speech to talk about how people make fish soup in his culture. Once I finished the first page in this chapter, I understood that the young man was trying to explain to his class that we as humans should be more careful about how we select our foods because we are all connected in different ways. However, I didn’t pick up whether his class was interested after he was done with his speech. This chapter preceded to dig deeper into the Hmong history by detailing their live in north China; N. China was were the Hmong people was subjected to wars, because they did not like to be told what to do or how to behave as a people. However, the Chinese did not like the Hmong people and called them degrading names because they wanted to overrule them. In response to this, the Hmong had to migrate many time and the Chinese finally applied enough pressure to overtake them. Even with the takeover, the Hmong people refused to show any respect to the Chinese emperor. Besides all of this history, I have yet to see how this will tie into Lia’s future health issue. 3rd chapter reflections: This chapter starts to now focus on Lia and detail her first epileptic seizure that started when she was three months old. It was interesting to read that Lia’s parents blamed her seizure on their older daughter slamming the apartment’s front door. They believed that the front door slamming caused Lia’s soul to become frightened and lost from Lia’s body which triggered the seizure. I soon realized the book’s title â€Å"The spirit catches you and you fall down† is associated with the word epilepsy. It was also interesting to read that Lia’s parents saw her illness as a high distinction and a sign that Lia will grow up to heave a healing sprit within her. It was sad to read that Lia had over twenty seizures before her parents became scared enough to take her to an emergency room at MCMC. At first this hospital had a hard time communicating with Lia’s parents because they only had a few interpreters and the doctors quickly concluded that Lia’s illness was because her parents were giving her veterinary medicine. The doctor’s conclusion was heighted when the baby came to the hospital twice coughing badly and showing signs of pneumonia during which the doctors prescribed antibiotics. Lia was seen the third time by chance with a visiting doctor named Dan Murphy and during this visit he wrote a report that stated he did not feel that her parents were not that frightened. Dr. Murphy and his wife quickly became interested in the Hmong people and worked on reviewing Lia previous documented visits.  This chapter showed how cultures seen Lia’s illness differently; the American doctors wanted to give medication to cu re or control the issue, while her parents thought it meant something special. 4th chapter reflections: This chapter showed how the Hmong people viewed the American medical system because they did not understand why certain doctor procedures such as blood drawing had to be done. It was funny to read that they asked one Hmong women that returned to Laos about why American doctors ate people livers, kidneys, and brains! If anything, I read and understood that there was a HUGE difference between how American and Hmong people saw medical. The Hmong people believed that doctors done nothing but made people worse by invading their body sprits with all the test and medication. 5th chapter reflections: This chapter returned to Lia’s illness and explained that she was sent to the hospital seventeen times before he was even five years old! It was sad for me to read how worse the illness was getting and how Lia started to become aware of when she was about to experience one. This chapter also highlighted the fact that doctors believed that her obesity contributed to her epilepsy events and it made her intravenous access difficult. However, her parents focused on making Lia fat because they believed that this showed that a child was healthy and extremely taken care of. The hospital staff was also upset because Lia’s parents would move her in the hospital bed when they were previously requested not to for health reasons. The relationship between Lia’s parents worsen because the doctors felt that her parents were not giving her the proper needed medication and felt that they were part of the reason why Lia’s health continued to decline. After many attempts to get the parents on board, to give medication, Lia was placed in a foster care. This chapter was heartbreaking for me because I felt and understood both sides that wanted to care for Lia. 6th chapter reflections: This chapter explained in detail about how the Hmong people living in camps, shared horrible news about living in America and dealing with the medical system. In my opinion, this chapter confirmed how bad the cultural differences split people apart from seeing a common ground and added stress on her US healthcare system because Hmong people only came into the ER when they were gravely ill and not for prevention. 7th chapter reflections: This chapter explained how much of a power trip people had when it came to offering the best option for Lia’s health. It was noted that Lia did not do well in a great foster home and her developmental skills decreased more as she stayed. Her seizures also increased and the only time she started to show so signs of improvement was when she admitted to a hospital in Turlock where the people she was staying with lived. Receiving care in Turlock casued a decrease her medication requirements and her allowed her to return home. However, I felt that if anything, everyone involved in her health care was guessing and using Lia as a test dummy at her expense. 8th chapter reflections: This chapter was interesting because I was surprised to read that the doctors at the MCMC told the author not to look into Lia’s case because her parents were not friendly. I also thought that the hospital was trying to protect themselves by keep the author in the dark about certain information regarding the handling of Lia’s health. For example, the hospital kept a close eye by setting up a community meeting with the author and the Hmong people through their own nurse’s aide (who also was Hmong). If my opinion, the author was doomed to begin with because the Hmong people resented the MCMC and any staff that communicated with them. This is why I believe that the author had such a hard time during this meeting with them and a more welcoming one when she went and was introduced by Ms. Waller. This meeting is where the Hmong people opened up and tried to explain their culture to her without bring angry. This chapter proved that being from a different culture is fine ; people not respecting other cultures besides their own is what causes these deep miscommunications. 9th chapter reflections: This chapter was sad. I thought that Lia’s health was going to continue to improve after the doctor mentioned that the parents were giving her the correct medicine. However, I wasn’t surprised that the Lee’s thought that the doctor’s took Lia because they were angry at them. I was shocked to read that she fell off the swing and went back into having bad seizures. I dont think I would have allowed my child to even be on one if he or she had health issues like Lia. Sad to think that her parents thought that their child’s troubles were over and that she was going to live a productive and happy life up until this fall. Like everyone else in this chapter, after the tubes and everything, I also saw death coming later on. I’m just hoping that she doesn’t suffer. 10th chapter reflections: Ok. This is (again) is one of the things I did not enjoy about the book. I dont understand why this extensive history about the Hmong people and Vietman/ American war has anything to do with the previous chapter on Lia’s health condition. Only thing I learned from this chapter was that the Hmong people really resented the American culture which includes why the Lees has trouble trusting the doctors treating Lia. 11th chapter reflections: This chapter was the saddest part of the book that I have read thus far. I had to stop midway through the pages because it reminded me so much of my mother’s last struggle when lung cancer ( I cried reading this). I felt every page of this chapter because Lia’s parents and everyone else that loved her wanted to try everything instead of allowing her to pass peacefully. I also can relate to how Lia parents were treated in the hospital because I was in their position where I did not understand what was going on with my mom†¦ but the doctors were pressuring me to turn off her breathing machine. I noticed that Lia’s parents got to a point where they did not care that there were â€Å"issues† between them and the American staff†¦ they just wanted their child saved.. I felt the same way during my mother’s last rush to the ER because she couldn’t breathe. This girl wasn’t going to have a long happy life and I’m hoping she did n’t suffer because of everyone else stubbornness! 12th chapter reflections: Another history chapter and after the previous chapter, I was drained. I understand that hardship that this culture had to endure and I hope that our entire health care system has learned from this little girl’s mistreatment amongst all parties involved. 13th chapter reflections: So I started reading this chapter believing that Lia was going home from the hospital in Fresno. I was surprised to read that she was sent back to the MCMC and placed in the pediatric unit. In my opinion, there was nothing left they could do that would not require the poor child to suffer. I wasn’t shocked to read that Lia’s father tried to steal his child out of the hospital; the attitudes of the hospitals staff, nurses, and Lia’s parents were so negative that this craziness was bound to happen. Sadly, even with the little girl not functioning, the doctors and her parents enter another struggle to control the fate of Lia. Even though the doctors said she would die soon after leaving the hospital, I’m glad that the lee had personal time for closure at their own house because she didn’t die yet. I refuse to get into the â€Å"who was more right†. 14th chapter reflections: Another chapter on their Hmong history; This chapter details the issues they had with adjusting to American life and how no one wanted to be on welfare. No comments on my part.. Besides I didn’t enjoy this section lol. 15h chapter reflections: This chapter picked me up, made me sad and made me smile all at the same time. Reading through this made me think how differently her life could have been if everyone around her were open-minded when she first entered the hospital for treatment. Her current condition is considered a â€Å"persistent vegetative state† but how her parents treated her has not changed. This chapter showed that she is highly still loved and cared for even though she is not aware of anything. But she had a lot of potential to be a much healthier child if both cultures (American Hmong) would have been willing to accept each other†¦ her health decisions got lost in their hardheadedness! 16h chapter reflections: This chapter discuses history again but focuses on how the Hmong people ended up living in Merced; I’m not shocked that they created their own community here and cling to each other because I would of done the same thing if I was displaced. 17h chapter reflections: This chapter refocused Lia’s case and talked about how much could have been done differently to change her outcome and I agree. I ashamed of the hospital staff that believed that the lees should be grateful because they allowed them $200,000 of free medical cost( that should never be on a person mind when you talking about saving someone’s life) and I wish the parents would of learned how to be more open after their child’s health issue†¦ I see that people STILL want to place blame on Lia’s condition instead of accepting the fact that everyone placed a role in creating her current health state. 18h chapter reflections: This chapter shared a lot of my own opinions about Lia’s case. I do understand that some cultural difference will never be resolved because of the history of mistreatment that has occurred within that person’s culture. Our race issues in American is no difference, some people will always see things and their interactions with people as a â€Å"race† problem and nothing more. However, if you work in a hospital helping other people, you need to be able to look beyond that, not take things personally, not judgmental, and be open to learn about the different people that enters the doors for help. 19h chapter reflections: This chapter showed that despite Lia’s current condition, her family still believes that she will change and become a full functioning child again once her soul returns. Finishing this chapter, and reading the author notes throughout the book, I now see that Anne Fadiman started the story sort of believing that the doctors at Merced done everything they could to help Lia. However towards the end I felt that the author wanted people to understand the lee family and their hardship with adjusting to living in America and dealing with our health care system.

Discrimination for Terrorism Offence Suspects

Discrimination for Terrorism Offence Suspects Title: â€Å"The case for discriminatory treatment of persons suspected of terrorism offences- a research study to test the adequacy of the current procedural safeguards that are in place in the UK to protect terror suspects from abuses of due process and breaches of human rights legislation. Abstract: This paper provides a literature review of the latest research which has been conducted in the UK on the due process rights of terror suspects, with a view to determining (i) how susceptible such suspects are, in practice, to abuse of their legal rights by the Police, Security Services and Criminal Justice System; and, (ii) to what extent it is justified to introduce a framework of enhanced procedural protection to mitigate their inherent vulnerabilities. The Structure of the Paper: In chapter 1 of this paper, the concept, legal basis and legal nature of due process will be examined. In particular, the author will examine the historical development of the legal principle, its nature as a procedural safeguard and its legal basis as a constitutional and/or human right. In chapter 2 of this paper, the author will examine the criminal justice mechanisms in place to deal with terror suspects, from initial arrest to criminal prosecution, with a view to determining the extent to which terror suspects are (potentially) more vulnerable to the risks of procedural undue process, within the criminal justice system, than non-terror suspects. In chapter 3 of this paper, the author will identify those risk factors which are unavoidable, such as the national security and other requirements for evidential opacity and those which are historically reported but which have no direct relationship with the nature of the crime being investigated. In chapter 4 of this paper, the author will critically evaluate the adequacy of the existing procedural safeguards which are in place to protect terror suspects from abuse of due process. In chapter 5 of this paper, the author will (tentatively) propose a framework of enhanced procedural safeguards specifically designed to protect terror suspects from abuses of due process. Initial Terminology: Terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence which pertains to terrorist activity. Non-terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence, unrelated to terrorism. Due process- Due process of law. Undue process- This phrase refers to an instance where due process has not been adhered to, i.e. an abuse of due process. In this chapter, the concept, legal basis and legal nature of due process will be examined. In particular, answers to the following questions will be provided: 1. What are the origins of due process in England and Wales? 2. What is due process? 3. What are the philosophical and/or theoretical justifications for the existence of due process? 4. What is the legal basis for the existence of due process? 5. Can due process be regarded as being constitutional, at law? Why is this question relevant to the current debate? 1. What are the origins of due process in England and Wales? It is beyond the scope of this paper to engage in an in-depth historical analysis of the development of the concept of due process. However, it is important that we glean an understanding of the age of the concept, so that we can appropriately contextualize its importance within the debates of this paper. For this reason, and out of interest, the author will provide a (very) brief summary of the origins of due process in England: In the United Kingdom, the concept of due process has its origins in Chapter 9 of the Magna Carta of 1215[1], which stated: No free man shall be taken or imprisoned or disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgement of his peers or by the law of the land. Analysts have fucussed on varying elements of this passage from which to derive the concept of due process. Galligan (2006) p171 provides a useful summary of the main analyses: â€Å"The important part is the exception, especially the words by the law of the land (legem terrae). On first reading it might seem that the significant words are judgement of his peers, since they suggest a foundation for trial by jury. Jury trials, however are a long way into the future and have different origins. The more likely meaning of the expression judgement of his peers is the right of a noble to be judged by his equals, which in turn carries some suggestion of a fair trial. This certainly has procedural connotations, but the search for a fuller sense of due process is usually directed at the words the law of the land That idea is vague enough to support different meanings, and certainly it is not improbable to suggest, as some have, that it contains at least the kernel of due process.† It is interesting to note that the phrase due process or, more correctly stated, due process of law, was not coined until 1354, in King Edward III of Englands statutory rendition of the Magna Carta[2], which stated: No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.[3] Let us now turn to consider what is mean by due process of the law. 2. What is due process? In the United Kingdom, due process refers to the procedural concept that any person, who is in a position where one or more of his or her protected interests are being deprived[4], is entitled to be treated fairly by the procedure of the law to ensure that the deprivation in question is justified. There are six broad aspects of procedural due process which are often cited: (1) Notice; (2) Hearing; (3) Impartiality; (4) Counsel; (5) Evidence; and, (6) Decision. Let us discuss each of these procedural requirements in turn: (1) Notice Under procedural due process, an individual is entitled to be given adequate notice of any prospective criminal law proceedings in which he or she will be summoned as a defendant. This is to give the defendant sufficient time to seek advice in regard to his or her available legal options. (2) Hearing Under this aspect of procedural due fairness, before the property or the liberty of an individual is deprived from him or her, he or she is entitled to demand a hearing at which his or her case will be heard and a decision reached in regard to whether the prospective deprivation is justified. Galligan (1996) p349-350 provides a succinct description of the main virtues of upholding the hearing principle: [A] virtue of the hearing principle is that it contributes to better decisions and actions, better that is, in the sense that the facts are decided accurately, the law applied properly, and any discretionary judgements reasonably made. This is so for a number of reasons. One is that the person whose situation is under scrutiny, whose past actions or present circumstances are in issue, will often be able to provide information about the situation which is not otherwise easily available Another reason is that the person affected by a decision may be able to raise other considerations, a part from purely factual matters, which help to shape the decision and perhaps, in that way, contribute to a better outcome. (3) Impartiality This aspect of procedural due process states that the tribunal of decision-makers in a legal hearing must be made up of persons who are wholly impartial towards the defendant, i.e. they must not have any predispositions towards the defendant. The purpose of this procedural requirement is to ensure that any decisions reached by a hearing tribunal are based upon the facts at hand rather than any extraneous and/or irrelevant considerations. Where for example, a decision-maker has had previous personal or business dealings with the defendant, then he or she should, in the interests of procedural due process, resign himself from the hearing of that defendants case, as he cannot be considered impartial. There are many other examples of circumstances under which a decision-maker might not be deemed impartial, but the general rule is that the impartiality of a decision-maker who is pre-disposed towards a defendant prior to the criminal hearing being held must be considered compromised. (4) Counsel Under the doctrine of procedural due process, a defendant is entitled to be given free access to legal representation if he or she is unable to afford or unwilling to provide his or her own representation. The rationale for this aspect of procedural due process is self-evident: It would be grossly unfair to allow a defendants property or liberty to be deprived from him or her without being able to present his or her defence in its best light and most effective legal form- without legal representation it is likely that a defendant will be unable to meet this requirement of fairness. (5) Evidence In order to ensure that a defendant is able to present the most effective case at a criminal hearing, it is not only imperative that he or she has access to all of the evidence that the prosecution will be seeking to rely upon but also imperative that he or she or his or her legal representatives are given an opportunity to conduct their own investigations to acquire evidence which will assist the case for the defence. For one example, a defendant may wish to instruct the services of an expert witness to refute the accuracy of DNA tests which were conducted by the police on behalf of the prosecuting authority. An eloquent summary of this procedural requirement has been provided by the Pennsylvania General Assembly (2006) p45: Especially in cases where a decision rests on questions of fact, it may be necessary to provide an individual not only with the ability to confront and cross-examine adverse witnesses, but also the opportunity for discovery, i.e., investigation and accumulating evidence, in order to give him or her a chance to show that the facts upon which the proposed deprivation is based are untrue. (6) Decision This aspect of procedural due process demands that upon reaching a decision which adversely affects a defendant, for example a decision depriving him or her of his or her property and/or liberty, the decision-making body must not only provide the reasoning for their decision (the ratio descendi) but must identify which pieces of evidence they relied upon to reach their final conclusions. 3. What are the philosophical and/or theoretical justifications for the existence of due process? The importance of the existence of consistent procedures to any legal system cannot be underestimated. As Galligan (1996) p5 notes: Without procedures, law and legal institutions would fail in their purposes. And since law is both necessary and desirable in achieving social goals, procedures are also necessary and must be seen as equal partners in that enterprise. For whatever the context, whether the judicial trial, the administrative decision, or any other form of legal process, procedures are necessary to ensure that the issue is channelled to its right conclusion. Whether the object is to apply a legal standard to the facts, to exercise discretion according to the correct matters, or to settle a dispute by bringing the parties together, procedures have a vital part to play. Let us explore some of these contentions in more detail. One of the fundamental theoretical bases for the insistence of maintaining due process within a legal system is the ‘Rule of Law’. While it is beyond the scope of this paper to engage with the multitude of different definitions and propositions which have been promulgated under the umbrella of this phrase, it should be noted that one of the basic (and universal) tenets of the Rule of Law is that individual freedoms and liberties should be protected from the State’s abuse of its constitutional powers. As Urabe (1990) p61 notes: â€Å"[T]he core of the Rule of Law, which has been supported consistently as a fundamental principle of the English and American constitutions, is that governmental power be bound strictly by law in order to protect individual freedom or liberty. The law exists to protect individual rights and liberties both in substance and procedure.† Lon Fuller’s understanding of the Rule of Law provides some further insight into the theoretical justifications for due process. As Raitio (1003) p143 notes: â€Å"Fuller required that laws should be prospective in application, they should be published and they should comprise clear general rules, which are neither too individualized nor too general and vague. There should be reasonable constancy and consistency among laws, i.e. laws should not be changing all the time, they must not contradict each other and they must not require citizen’s to do the impossible. The conduct of legal officials has to be congruent with the laws, as laid down, which in turn requires that the officials owe the same respect to the same laws as the citizens.[5]† On this basis, one of the fundamental justifications for the existence of due process is to ensure legal certainty in the way that the procedure of the law is applied and followed. By ensuring that procedure remains consistent, not only can individuals be more certain that they are receiving a fair trial, for example, but they will be more aware when their rights are being infringed, and can take the necessary remedial actions, accordingly. Before we move on to examine the various legal bases for modern due process, a few words should be said about the concept of ‘fairness’ and why it is important to ensure that the law is applied via fair procedures. While the answer to this question cannot seem anything other than intuitive, it is nevertheless important to break the question down and answer it from a jurisprudential point of view- after all, if we cannot support this fundamental assumption through reason and logic, then it will be difficult later in this paper to support the introduction of a discriminatory framework of enhanced legal protection for terror suspects on the basis that the current regime is, in places, ‘unfair’. Embedded within the concept of fairness is the concept of justice. It is beyond the scope of this paper to engage with the full range of conceptualizations of ‘justice’ that have been promoted by the various authors in this field. However, it should be noted that present in every conceptualization of justice are the concepts of ‘guilty’ and ‘not-guilty’, and it is with these concepts that this author would like now to engage. As we have seen throughout this section, one of the main aims of due process is to ensure that an individual who’s property or liberty is under threat (as a result of legal action being brought against him), is able to have access to all the resources he requires to be able to present his defence to a fair and impartial tribunal, who will make a decision based upon the evidence presented and the relevant applicable laws. One might be forgiven for thinking that the only aim of due process in this context is to protect the individual. However, this is not the case: It is in the interests of society as a whole, and citizens as a collective, that justice be achieved in each and every case. If the law is seen as being applied within a forum which is unjust, then citizens (as a group) will lose respect for the law, and may engage in criminal activities which otherwise they may have desisted from. In order to maintain the public respect for the law, it is important that public scandals involving abuses of due process are kept to a minimum, and the best way to avoid such scandals is to try and ensure that instances of such abuse are kept to a minimum[6]. In light of the fact that property and liberty are held as being of such high value within our society, it is also important to ensure that these are only taken away from a defendant where there is no reasonable doubt that the criminal justice system is justified in so depriving that person. As Sir William Blackstone famously stated in 1765: â€Å"It is better to let ten guilty men go free than to punish one innocent man†. It is for this reason that the burden of proof in criminal law proceedings has been set so high, and also why the principle of homo praesumitur bonus donec probetur malus[7] has been referred to as the ‘golden thread’ of the criminal law: â€Å"Throughout the web of the English criminal l aw one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoners guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.[8]† Stevens (2006) summarizes this debate and the benefits of the current position in the following terms: â€Å"Which is fairer, (a) a system of rules so strict that even a few innocent people get unfairly punished; or, (b) a system not so strict that even a few guilty people go unfairly unpunished? Due process of law holds that the second answer is more correct, for many reasons. On a practical level, theres less of a danger to the whole legal system. If your system is convicting a few innocent, chances are its railroading many of the guilty, so youve got two problems on your hands those who are falsely imprisoned and those who have a stronger habeas corpus claim. If your system is letting a few guilty slip through, chances are that those lucky evil-doers might change their ways, or in any case, law enforcement or informal methods of social control can pick up the slack.† While this argument has instant intuitive appeal, it must be noted that the enquiries involved in reaching, for example, Blackstone’s ratio, require no investigation into the nature of the crimes that the ‘guilty’ have been unfairly acquitted of. If, for example, the 10 criminals are guilty of conspiracy to commit mass genocide and also possess deep faith-based motivations which are unlikely to be quashed by a ‘lucky escape’, then is it really justifiable to acquit these criminals in favour of protecting the property and/or liberty of one innocent person? This debate strikes at the very heart of the matter with which this paper is primarily concerned; namely, whether or not it is fair to allow the due process rights of terror suspects to be abused and whether or not special measures ought to be introduced to protect these individuals, who (it must be remembered) have yet to be found guilty by a fair and impartial Court of law of any criminal law offen ces. Let us reserve judgement on these difficult questions until later in this paper, when we have had a chance to fully examine the risks that terror suspects face at the hands of the State, and the risks that the State potentially faces at the hands of terror suspects. 4. What is the legal basis for the existence of due process? The legal sources for procedural due process are various. Some are specific, in that they prescribe a certain procedure to be applied within a certain set of circumstances[9]; and, some are general, in that they provide what might be described as broad yet fundamental human rights. Let us commence with an examination of one of the most commonly cited legal sources for a general right to due process; namely, Article 6 of the European Convention on Human Rights, as enshrined into UK law by the Human Rights Act 1998. Article 6 of the European Convention on Human Rights purports to provide the human right to a ‘fair trial’. In order to understand the scope and limits of this right, let us commence with an examination of the wording of this Article. Article 6 states: â€Å"1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.† The words and phrases which have been highlighted above represent those elements of Article 6 which provide a legal basis for one or more aspects of procedural due process. The majority of these have been discussed in detail earlier in this Chapter: For example, the right to notice[10], the right to a hearing[11], the right to an impartial tribunal[12], the right to counsel[13], the right to examine the evidence against him and perform his own investigations[14], the right to hear the ratio descendi of the decision handed down against him[15] and the right to enjoy the benefits of the doctrine of homo praesumitur bonus donec probetur malus[16]. As we can see, Article 6 provides a general legal basis for each of the aspects of procedural due process which we have identified earlier in this paper. That having been said, this is not the only legal source which provides such a basis. For example, many provisions of the Police and Criminal Evidence Act 1984 provide similar rules of due process[17]. It should also be noted that there are common law sources for some of the rights of due process. For example, there is a common law right to silence which is derived from the principle of homo praesumitur bonus donec probetur malus if a person is innocent until proven guilty and there is insufficient evidence to satisfy the criminal law burden of proof requirements, then it is unacceptable to insist that a defendant incriminates himself or faces a criminal law penalty. This right still exists in English common law, but has been somewhat compromised by the enactment of the Criminal Justice and Public Order Act 1994 which now allows prosecutors to infer meaning from a defendant’s silence. This legal development has been heavily criticized by authors such as Hammerton (2001), who notes: â€Å"An innocent defendant may fail to answer questions in custody or refuse to testify in court for all sorts of reasons. They may regard the police as corrupt and that answering the questions would give the police information that can be used against them. They may believe that if they answer the questions, they or someone they care about might be put in danger from the people who did commit the crime. In short drawing inferences from a defendants silence in custody or in court involves speculation on the motives behind their silence, not solid reasoning that their silence indicates guilt.† 5. Can due process be regarded as being constitutional, at law? The reason that this enquiry has been included within this chapter is to determine to what extent it is legally valid to allow due process to be circumvented via legislation. After all, if it is possible to argue that due process is a fundamental constitutional right, then unless the legislation which provides the legal basis for that right is repealed or modified, then it may be possible to argue that any conflicting non-constitutional legislative provisions are unenforceable. As we have seen in the preceding section of this chapter, one of the legal bases for the right for criminal suspects to enjoy ‘due process’ is Article 6 of the European Convention on Human Rights. This article has been incorporated into UK law by the Human Rights Act 1998. Section 3(1) of this Act states: (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.† Therefore, where a piece of legislation purports to allow a criminal suspect/defendant’s due process rights to be circumvented or abused, if a Court of law is able to reinterpret that legislation in a way which does not lead to the infringement of that right, then it must do so[18]. However, where that legislation cannot be so reinterpreted, the only remedy available to a Court of Law is the ability to be able to issue a ‘declaration of incompatibility’ under section 4 of the 1998 Act which states, inter alia: â€Å"(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility (4) If the court is satisfied— (a) that the provision is incompatible with a Convention right, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility† However, this remedy is really a wolf in sheep’s clothing, because section 4(6) of the Human Rights Act 1998 makes it very clear that â€Å"a declaration of incompatibility (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and (b) is not binding on the parties to the proceedings in which it is made.† This means that a criminal defendant who has had his due process rights abused by the state, in pursuance of legislation which purports to allow that particular abuse, has no form of redress in the domestic Courts, because even if a declaration of incompatibility is granted, it ‘does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given [and, it] is not binding on the parties to the proceedings in which it is made’. Additionally, a declaration of incompatibility does not place any pressing duty on the Government to re-write the offending legislative provision, so such a declaration will not even ensure that the abuse in question is not repeated in regard to other criminal suspects/ defendants. That having been said the Legislative is usually prompt at remedying legislative provisions which have been declared incompatible. For example in the case of R (on the application of H) v Mental Health Review Tribunal for the North and East London Region The Secretary of the State for Health CA [March 2001] EWCA Civ 415 it was held that section 2 of the Mental Health Act 1983 is incompatible with Article 5(4) of the European Convention on Human Rights because it does not require a Mental Health Review Tribunal to discharge a patient where it could not be proven that the detainees mental health warranted detention. The offending provision was repealed in November of that same year by enacting the Mental He alth Act 1983 (Remedial Order) 2001. In regard to those legal sources discussed earlier which also provide for certain due process rights, because these sources are not contained within the Human Rights Act, but rather within the common law and primary non-constitutional legislation, these can be repealed or supplanted by the enactment of contrary primary legislation. N.B. On a separate note: It will be remembered, the controversy which was caused in the United Kingdom when it was discovered that terror suspects were being held without charge in Belmarsh Prison for periods of up to 3 years[19]. The legal basis for holding prisoners in this way was provided by section 23 of the Anti-terrorism, Crime and Security Act 2001. However, in 2005[20], this section of legislation was held to be incompatible with Article 5 of the Human Rights Act 1998 and the European Convention on Human Rights[21]. These prisoners were subsequently released, their detentions being replaced with Control Orders. In light of the fact that terror suspects no longer face a significant threat from section 23 of the Anti-terrorism, Crime and Security Act 2001, the author of this paper has decided to exclude all further discussion of this source of abuse of due process. While there remains an argument that the imposition of Control Orders on terror suspects also infringe their Arti cle 5 human rights, the author has chosen to exclude discussion of this debate from this paper as this paper is more concerned with abuses of due process suffered while being detained, both pre- and post-charge. In this chapter, we will perform a structures literature review in order to glean a deeper insight into the way that terror suspects in the UK are actually treated by the criminal justice system. From our secondary analysis of case studies, interviews and anecdotal evidence, we will seek to provide an answer to the following question: To what extent are terror suspects more vulnerable to the risk of procedural undue process, within the criminal justice system, than non-terror suspects. In this Chapter we will refrain from engaging with an analysis of the framework of provisions which have been introduced, primarily under the Terrorism Act 2000, to protect terror suspects from abuses of due process. While this analysis is very important, at this stage, such an analysis would only be able to reveal whether or not the current fram

India Essay -- essays research papers

India Around 2000 B.C. people called Aryan started invading India. This process continued to approximately 1000 B.C. Aryan tribes were led by kings. The Aryans conquered the native population, intermarried with it and settled in peasant villages. The Aryans brought their religion to India. The various sacrifices of the Aryan cults were accompanied by chanted hymns. These hymns comprised the first great religion work of the Aryans - the Rig Veda. The Veda and the Brahmins, the priests, came to hold a most prominent place in Vedic society. By about the forth century B.C. Hinduism had supplanted the older Vedic faith and became supreme. During this period two new religions Buddhism and Jainism developed out of Hinduism. The basic institution of the society was the extended family. The family consisted of eldest male and his wife, their sons, grandsons and heir wives and children and unmarried daughters. The majority of Hindu families lived in villages and agriculture was their basic occupation. When Aryans settled in India, their society was organized around four varnas or orders. Brahmans (priests) were the highest varna. The second varna consisted of the Kshatriyas or warriors, rulers and administrators. The third varna consisted of the Vaishya or merchants. The Shudras belonged to the lowest varna. During classic period, hundreds of sub-varnas, jatis, developed. Membership in a caste was determined by birth and Hindus were not allowed to marry members of other castes. T... India Essay -- essays research papers India Around 2000 B.C. people called Aryan started invading India. This process continued to approximately 1000 B.C. Aryan tribes were led by kings. The Aryans conquered the native population, intermarried with it and settled in peasant villages. The Aryans brought their religion to India. The various sacrifices of the Aryan cults were accompanied by chanted hymns. These hymns comprised the first great religion work of the Aryans - the Rig Veda. The Veda and the Brahmins, the priests, came to hold a most prominent place in Vedic society. By about the forth century B.C. Hinduism had supplanted the older Vedic faith and became supreme. During this period two new religions Buddhism and Jainism developed out of Hinduism. The basic institution of the society was the extended family. The family consisted of eldest male and his wife, their sons, grandsons and heir wives and children and unmarried daughters. The majority of Hindu families lived in villages and agriculture was their basic occupation. When Aryans settled in India, their society was organized around four varnas or orders. Brahmans (priests) were the highest varna. The second varna consisted of the Kshatriyas or warriors, rulers and administrators. The third varna consisted of the Vaishya or merchants. The Shudras belonged to the lowest varna. During classic period, hundreds of sub-varnas, jatis, developed. Membership in a caste was determined by birth and Hindus were not allowed to marry members of other castes. T...

What It Is To Be Human :: essays research papers

What It Is To Be Human The body is socially constructed; and in this paper we explore the various and ever-changing constructions of the body, and thus of the embodied self......The one word, body, may therefore signify very different realities and perceptions of reality.....(Synnot 1992, 43) It has been said that in order to understand life and society, we as people must first understand ourselves. Who are we as a people? Who are we as individuals? Who are we as humans? These questions all present themselves when discussing a topic such as this. I believe that it is indeed important to ask questions such as these, and also as important to answer them. All of this assuming of course, that there is one specific answer. My problem begins here, in that I do not believe that there is one defined answer to these questions. As you will see, many "great philosophic minds" have different views and beliefs relating to these questions, and it is my job to sort through these different beliefs and discover...... What it is to be human It seems that for ages the human body has been studied and inspected. However, literal "inspection" only takes us so far. As humans, we all know that there are parts of our "being" that are intangible. Take thoughts, dreams, and things of the like. We know they exist, yet they are unable to be inspected scientifically (to any valuable degree at least). The distinction between beliefs begins here. How one views this intangible side of life with respect to the tangible, is the factor that defines one's beliefs. There are several ways in which one may view the body. A dualist is one who views the body and mind, or tangible and intangible, as two separate intities existing together to form one being. The principle of "Cogito, ergo sum," or in english, "I think, therefore I am." The "I" meaning the mind, and "I am" meaning the body. (Synnott 1992, 92) The tangible side of the person being bound of course, by the laws of biomechanics and gravity, and the intangible being bound by nothing but the laws of reasoning. ".....the body, from its nature, is always divisible and the mind is completely indivisible." (Descartes 1995, 70) Like anything, dualism comes with its pro's and con's. Many people choose to believe in the idea of dualism because of its truths. Obviously, we can all see that indeed, the body is real and tangible, and that the mind on the other hand is the intangible, although it too is real. Likewise, as evidence of dualism we have undoubtedly felt the physical as well as the non-physical.

Themes used in the tragedy of Romeo and Juliet Essays -- Literary Anal

The theme of the tragedy of Romeo and Juliet by William Shakespeare is entertainment. This is proven thought the play through use of comedy, drama, romance, and conflict. This style brought people of all ages, mindsets, and social classes to see the play since it used the mixture instead of just a single genre of entertainment. The result was Romeo and Juliet being very entertaining, profitable, and generally succeeding in its purpose. The use of comedy was usually through sexual puns and double entendre like â€Å" ’Tis true, and therefore women, being the weaker vessels, are ever thrust to the wall. Therefore I will push Montague’s men from the wall and thrust his maids to the wall† (1.1.15-18) and â€Å"My naked weapon is out. Quarrel, I will back thee.†(1.1.33-34).These sexual puns almost always solved the problems with traditional comedy not being funny to all social classes nor mindsets. The other type of comedy in the play was more traditional like the panicked start of the fight at the beginning â€Å"Do you bite your thumb at us, sir? I do bite my thumb sir. Do you bite your thumb at us, sir? [Aside to Gregory] Is the law of our side if I say â€Å"Ay†? [Aside to Sampson] no. No, sir, I do not bite my thumb at you, sir, but I bite my thumb sir.†(1.1.44-52). This comedy also broke the wall between the social classes and mindsets since scenes like this were funny to almost everyone. Both types of comedy usually were funny to almost everyone since they did not depend on certain situations which only a select few would usually experience. Thus this made the play even better at its purpose of entertainment. The use of drama throughout the play is most prevalent in the last few acts but is also shown thought the rest of the play. When Romeo is... ... Montagues and Capulets. For example the first combat is caused by that hatred alone "My naked weapon is out. Quarrel, I will back thee. How? Turn thy back and run? Fear me not. No, marry. I fear thee! Let us take the law of our sides; let them begin. I will frown as I pass by, and let them take it as they list. Nay, as they dare. I will bite my thumb at them, which is disgrace to them if they bear it." (1.1.33-43). The actual combat was presented quickly after this in this fashion "Draw if you be men. - Gregory, remember thy washing blow. They fight. Part fools! [Drawing his sword.] Put up your swords. You know not what you do."(1.1.63-65). These elements were all combined in Romeo and Juliet and put to use to make an interesting plot for the purpose of entertainment.This was a sucess as shown by how long this has been an interesting play to watch and listen to.