Wednesday, December 25, 2019
The Debate Of Assisted Suicide - 1747 Words
The topic of assisted suicide is very controversial and is heavily debated upon all around the world. While physician assisted suicide is only legal in the Netherlands, Switzerland, and a few states in the U.S., it is illegally practiced widely by physicians and nurses, such as Dr. Jack Kevorkian. I first heard of physician assisted suicide when the death of Dr. Kevorkian, an assisted suicide advocate and a suicide aid, was on the news in 2011. Kevorkian assisted in the suicide of many patients who could not find any more reasons to live. Many people oppose of his practice, but I believe Kevorkian was trying to help these patients find peace. This topic is important because it can help end the long pain and suffering of patients. Seeing the struggles of the patients Dr. Kevorkian has worked with makes me believe that the legalization of physician assisted suicide it necessary, but not everyone agrees. The main focus of this paper is how the rights and decisions of terminally ill pati ents may impact the rest of us. The audience of this research paper is made up of physicians and nurses practicing physician assisted suicide, patients with terminal illnesses, families of patients with terminal illness, and judges and jurors dealing with cases in this field. The purpose of this paper is to help others understand the importance of this topic and become informed on how the denial of assisted suicide can affect patients. My research on these questions lead me to believe thatShow MoreRelatedThe Debate Of Physician Assisted Suicide1321 Words à |à 6 PagesThe Debate Surrounding the Topic of Physician Assisted Suicide Who gets to make the choice whether someone lives or dies? If a person has the right to live, they certainly should be able to make the choice to end their own life. The law protects each and everyoneââ¬â¢s right to live, but when a person tries to kill themselves more than likely they will end up in a Psychiatric unit. Today we hear more and more about the debate of Physician assisted suicide and where this topic stands morally and ethicallyRead MoreAssisted Suicide : A Controversial Debate2079 Words à |à 9 Pages Assisted Suicide Camille Medley ECPI University December 30, 2014 ââ¬Æ' Abstract When an individual is dying of a disease or illness and death is forthcoming, that a person should have the option that allows for a painless and quick alternative to endless prolonged days, weeks, or even months of suffering. And by legalizing assisted suicide, the individual would be provided with the alternative decision to no longer have suffer the excruciating pain due to the humiliation and the inadequateRead MoreThe debate of Physician Assisted Suicide993 Words à |à 4 Pagesdoctors have developed PAS, Physician Assisted Suicide, also known as Physician Assisted Death, and not to be mixed up with Euthanasia. Physician Assisted Suicide is morally wrong, gives doctors too much power, and it opens a door for those less critical patients to receive treatment too. He started at a time when it was hardly talked about and got people thinking about the issue.â⬠(Philip Nitschke, Exit International) The debate of Physician Assisted Suicide has been going on since over 2000 yearsRead MoreThe Debate Over Physician Assisted Suicide951 Words à |à 4 PagesIn todayââ¬â¢s society, suicide, and more controversially, physician assisted suicide, is a hotly debated topic amongst both every day citizens and members of the medical community. The controversial nature of the subject opens up the conversation to scrutinizing the ethics involved. Who can draw the line between morality and immorality on such a delicate subject, between lessening the suffering of a loved one and murder? Is there a moral dissimilarity between letting someone die under your care andRead MoreThe Great Debate On Doctor Assisted Suicide Essay1239 Words à |à 5 PagesThe Great Debate on Doctor Assisted Suicide Euthanasia, in todayââ¬â¢s world, is a word with opposing meanings. Originally, it meant ââ¬Å"a good deathâ⬠(Leming Dickinson, 2016). Since the legalization of euthanasia around the world in the early 1990ââ¬â¢s, the meaning has changed. Several pro-euthanasia sites would call it a humane and peaceful way to end the dying process, by either stopping the course of treatment or the use of lethal doses of medications (Leming Dickinson, 2016). Con-euthanasia activistsRead MoreThe Debate Over Euthanasia And Physician Assisted Suicide Essay1441 Words à |à 6 PagesLegalization of Euthanasia in the United States The debate over Euthanasia and Physician Assisted Suicide is becoming progressively complicated as doctors develop a better understanding of its purpose and usefulness. Euthanasia, a Greek term meaning ââ¬Å"good deathâ⬠and it can portray as a killing of a patient who chooses to take this course of action by applying, administrating, and enduring a procedure to terminate their life (Euthanasia Debate). Prescribed when a patient is in intense pain or sufferingRead MorePhysician Assisted Suicide : The Canadian Euthanasia Debate1689 Words à |à 7 Pages Physician Assisted Suicide: The Canadian Euthanasia Debate Imagine laying in bed; your eyes are open and you cannot move. Your brain is working but cannot tell your body how to function. We as a society have a right and a moral obligation to legalize physician-assisted suicide. The legalizing euthanasia grants terminally ill patients; the right to die without withdrawing from life support. Also giving the right for patients to die on their own terms. Euthanasia is a publically supposed issue thatRead MoreThe Controversial Debate On Legalization Of Physician Assisted Suicide1290 Words à |à 6 Pagesall, it is your life and no one elseââ¬â¢s, right? This is the question at the very center of the controversial debate on the legalization of physician assisted suicide in the United States. Anti-physician assisted suicide groups often argue that no individual truly wants to end their life. However, that statement does not ring true to those who would actually utilize physician assisted suicide- terminally ill patients. Imagine being diagnosed with a terminal disease, followed by months and sometimesRead MoreThe Debate Surrounding Physician-Assisted Suicide Essay1673 Words à |à 7 PagesPhysician-assisted suicide is the practice in which a doctor prescribes a terminally ill patient with a lethal medication as a form of active, voluntary euthanasia. These patients, rather than suffer slowly and painfully, often request this procedure as a means of experiencing a more ââ¬Å"dignifiedâ⬠death. The debate surrounding this issue is a heated one, especially among the general public whose attitudes are deeply influenced by the level of patient pain and discomfort (Frileux et al. 334). At theRead MoreEthical and Legal Debates on Assisted Suicide and Euthanasia Essay1503 Words à |à 7 Pageslife is shall death be the same, or can we choose on how we leave this earth. Over the years, the laws and ethical consternation regarding the debatable subject of euthanasia and assisted suicide, have been questioned frequently by society. Though the question may never be answered between euthanasia and assisted suicide being right or wrong, the fact of the matter is that people are still choosing their fate. In America, euthanasia refers to a person knowingly, and purposely taking another persons
Monday, December 16, 2019
Lincoln An American Historical Drama Film by Steven...
Lincoln is a 2012 American historical drama film directed and produced by Steven Spielberg, starring Daniel Day-Lewis as United States President Abraham Lincoln and Sally Field as Mary Todd Lincoln. The film is based in part on Doris Kearns Goodwins biography of Lincoln, Team of Rivals: The Political Genius of Abraham Lincoln, and covers the final four months of Lincolns life, focusing on the Presidents efforts in January 1865 to have the Thirteenth Amendment to the United States Constitution passed by the United States House of Representatives. Lincoln begins a year before the end of the civil war with the movies only battle scene. Its a minute of the bloody, hand-to-hand combat at Jenkins Ferry, Arkansas. Then two black soldiersâ⬠¦show more contentâ⬠¦From personal experience, President Lincoln is thought of as one of the most influential and best president throughout history. Abolishing slavery really put the nation on its path to unity and the superpower it is today. Even though throughout history after that historical event there has been several steps taken to further his actions to make black and whites and equal part of society, abolishing slavery was the largest and most influential step. After watching this film, it became evident that President Lincoln was an extremely well respected man and made the hard decisions that he knew wouldnââ¬â¢t be popular at the time because of how the country was structured. The film illustrated that Lincoln was wise beyond his years and knew that his decisions would impact the nation in a positive manner for the rest of time. President Lincolnââ¬â¢s leadership skills were evident and were the major theme in the film. From the beginning of the movie, from his wife to his cabinet members, everyone was trying to convince him that getting rid of slavery wasnââ¬â¢t going to happen and he will lose the approval of his country by pushing the issue. Slavery in the United States was a way of life up to that poi nt. Blacks were not considered equal and were looked at more as property than people. From the first President until Lincolnââ¬â¢s time everyone including the past presidents hadShow MoreRelatedAnalysis Of The Movie Lincoln 962 Words à |à 4 Pages Actually, Steven Spielbergââ¬â¢s film named ââ¬Å"Lincolnâ⬠starts during the time of the Civil War, when President Abraham Lincoln was requiring this warââ¬â¢s end. From the initial scene the cruelty of the war is clearly shown, mostly against African American soldiers. In fact, racial discrimination was a significant problem at that time and that was one of the biggest struggles of Abraham Lincoln, as he attempted to maintain the whole nation as one union. The film describes the situation occurred in the 1860sRead MoreThe Legacy Of Abraham Lincoln1230 Words à |à 5 PagesIn 1828 Abe was 19. He poled a flatboat down a river he saw African Americans being sold. Abe didnââ¬â¢t like it at all. Abe settled at New Sale m Illinois. He was hired to run a general store. Abe was so honest if he accidentally over charged someone very little money he would run miles to give it back. One time the store owner set up a wrestling match. Against the leader of rowdy gang, jack Armstrong. Abe agreed to wrestle were not sure if he won or not a lot of people had different opinions. Jack and
Sunday, December 8, 2019
Joke of the Year free essay sample
Getting Peopleââ¬â¢s Attention and Interrupting Giving Instructions and Seeking Clarifications Making Requests and Responding to Requests Asking for Directions and Giving Directions Thanking Someone and Responding to Thanks Inviting and Accepting and Refusing an Invitation Apologizing and Responding to an Apology Asking for, Giving and Refusing Permission 1) 2) 3) 4) 5) III. Grammar and Vocabulary: Articles, prepositions, modal auxiliaries, antonyms, synonyms, one-word substitutes IV. Written Communication: Note Making and Note Taking 3 Semester-II Question paper pattern for Compulsory. To introduce students to the speech mechanism 2) To enable them to classify vowels and consonants 3) To acquaint them with the phonetic symbols and phonetic transcription 4) To acquaint them with different features of Spoken English 5) To introduce them to different clause types and their form and function 6) To develop their sensibility towards correctness and appropriateness of language 7) To give practice in transformation of sentences 8) To prepare them for competitive exams Semester-I Grammar I. Word Classes: Open Word Classes: Nouns, Verbs, Adjectives, Adverbs, Pronouns Closed Word Classes: Pre-determiners, Determiners, Numerals, Enumerators, Prepositions, Conjunctions, Auxiliary Verbs, Interjection II. Morphology: Bound and Free Morphemes Affixes, Stems and Roots Morpholo.gical Analysis III. Phrases: Noun Phrase Verb Phrase Genetive Phrase Adjective Phrase Adverb Phrase Prepositional Phrase IV. Clauses: Clause Elements, Clause Types, Kinds, Concord V. Sentences: Simple Sentences, Compound Sentences, Complex Sentences VI. Sub Ordination: Sub-Clauses, Finite and Non-Finite Sub-Clauses VII. Co-ordination: Linked and Unlinked Coordination, Synthesis VIII. Ambiguity: Types of Ambiguity, Structural and Lexical Ambiguity IX. Common Errors: Nouns and Pronouns, Articles, Verbs, Concord, Adjectives, Adverbs, Prepositions, Vocabulary 5 Books Recommended: 1. Crystal, David. 1985, Rediscover Grammar with David Crystal. Longman 2. Bakshi, R. N. A Course in English Grammar. Orient Longman 3. Close, R. A. Reference Grammar for Students of English. Orient Longman 4. Krishnaswamy, N. Modern English ââ¬â A Book of Grammar, Usage Composition. Macmillan India Ltd. 5. Aroor, Usha (Ed. WordMaster Learnerââ¬â¢s Dictionary of Modern English. Orient Longman 6. Hewings, M. 1999, Advanced English Grammar. Cambridge University Press 6 Semester-I Question paper pattern for Modern English Structure (B. A. F. Y. ) Total marks ââ¬â 40 Duration of Time ââ¬â 40 Multiple choice questions carrying one mark each. Questions based on all units Internal assessment: 10 marks for Written test 2 Tests for 30 marks each to be conducted by the concerned teacher on the syllabus. Total marks obtained out of 60 marks to be converted to its corresponding value out of 10 marks and submitted to the University. The answer sheets of the internal tests to be maintained for at least one year by the department. 7 Semester-II Phonetics I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. The Organs of Speech The Description and Classification of Speech Sounds The Description and Classification of Vowels The Description and Classification of Consonants Phonetic symbols and the IPA Phonemic and Phonetic Transcription Phonology Phoneme sequences and Consonant Cluster The Syllable Word Accent Accent and Rhythm in Connected Speech Intonation Varieties of English Pronunciation Books Recommended: Balasubranium, T. 981, A Textbook of Phonetics for Indian Students. New Delhi: Macmillan 2. Sethi, J. P. V. Dhamija, 1997, A Course in Phonetics and Spoken English. New Delhi, Prentice-Hall 3. Oââ¬â¢Connor, J. D. Better English Pronunciation 4. Jones, Daniel et al English Pronouncing Dictionary. UBS New Delhi Semester-II Question paper pattern for Modern English Structure (B. A. F. Y. ) Total marks ââ¬â 40 Duration of Time ââ¬â 40 Multiple choice questions carrying one mark each. Questions based on all units Internal assessment: 10 marks for Written test 2 Tests for 30 marks each to be conducted by the concerned teacher on the syllabus. Total marks obtained out of 60 marks to be converted to its corresponding value out of 10 marks and submitted to the University. The answer sheets of the internal tests to be maintained for at least one year by the department. 8 B. A. First Year ââ¬â MCQ Pattern Paper-II: Reading Fiction and History of English Literature Objectives: 1) To introduce the students to the literary genre ââ¬Ëfictionââ¬â¢ 2) To make them aware of the various types of fiction 3) To develop the critical sensibility of the students while reading and comprehending fiction 4) To encourage the students for further reading 5) To repare them for competitive exams Semester-I A. Introduction Sanders, Andrew. 2006. The Short Oxford History of English Literature (Indian Edition). New Delhi: OUP Introduction Old English Literature Medieval Literature 1066-1510 Short Stories (Images ââ¬â A Handbook of Stories Ed. M. M. Lukose, Macmillan) R. K. Narayan The Axe Pearl Buck The Refugees A. J. Cronin Two Gentlemen of Verona Mark Twain Luck O. Henry One Thousand Dollars i) ii) iii) B. i) ii) iii) iv) v) Semester-I Question paper pattern for Paper-II: Reading Fiction and History of English Literature Total marks ââ¬â 40 Duration of Time ââ¬â 40 Multiple choice questions carrying one mark each. Questions based on all sections Internal assessment: 10 marks for Written test 2 Tests for 30 marks each to be conducted by the concerned teacher on the syllabus. Total marks obtained out of 60 marks to be converted to its corresponding value out of 10 marks and submitted to the University. The answer sheets of the internal tests to be maintained for at least one year by the department. 9 Semester-II A. Introduction Sanders, Andrew. 2006. The Short Oxford History of English Literature (Indian Edition). New Delhi: OUP Renaissance and Reformation: Literature 1510-1620 Novels George Orwell Paulo Coelho E. M. Forster i) B. i) ii) iii) Animal Farm The Alchemist A Passage to India Recommended Reading: 1) Forster, E. M. 1949, Aspects of the Novel. 2) Lukas, Georg. The Theory of the Novel. London: Merlin 3) Standard and authentic editions of the texts published by publishers like OUP, CUP, Longman, Macmillan, Penguin, Routledge, Signet Classic, etc. Semester-II Question aper pattern for Paper-II: Reading Fiction and History of English Literature Total marks ââ¬â 40 Duration of Time ââ¬â 40 Multiple choice questions carrying one mark each. Questions based on all sections Internal assessment: 10 marks for Written test 2 Tests for 30 marks each to be conducted by the concerned teacher on the syllabus. Total marks obtained out of 60 marks to be converted to its corresponding value out of 10 marks and submitted to the University. The answer sheets of the internal tests to be maintained for at least one year by the department.
Sunday, December 1, 2019
Prose Criticism of Chuck Palahniuk Invisible Monsters Essay Example
Prose Criticism of Chuck Palahniuk Invisible Monsters Essay The purpose of the first few paragraphs of any novel is to set the basic scene, to introduce main characters, and most importantly to make the reader carry on reading! If one starts reading a book and is not gripped by some aspect of the story or characters within the first few pages, many will abandon it in favour of something more engaging. The opening of Invisible Monsters does all of these things and more. It is narrated by one of the main characters, and another two are introduced within the first few paragraphs. Here the narrator tells you quite openly, this is called scene setting: where everybody is, whos alive, whos dead. This sentence in itself prompts one to read on, if only to find out who is dead. In fact, the first paragraph asks a whole hoard of questions in the readers head: who is alive and dead? Who is Evie Cottrell? Who is the narrator? What happened to the rest of Evies wedding dress, and why is she holding a rifle? We will write a custom essay sample on Prose Criticism of Chuck Palahniuk Invisible Monsters specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Prose Criticism of Chuck Palahniuk Invisible Monsters specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Prose Criticism of Chuck Palahniuk Invisible Monsters specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The style of Invisible Monsters is not that of your every day novel. The story does not run in one straight chronological line, from beginning to end. In fact it is very jumbles and frequently jumps back and forth between past and present. So with the opening of the novel one is left wondering not only what happens next but also what happened before this, how did we get here? This technique is part of what keeps the reader turning the pages not only for the next part of the story but also the last part. Palahniuks style is unique in that, with only a small amount of words he can evoke a whole scene. In the first paragraph there are few adjectives. The wedding reception is big and in a big manor house. The staircase is also big. However, by the use of the language here the reader is able to grasp not only what the scene looks like but also some detail about the narrator and her somewhat limited vocabulary. The whole book is written in the style of a person telling the story verbally rather than writing it down, and the syntax and detail (including that which is omitted) are indicative of this. The piece is a collection of deconstructionist, self-referential stream-of-consciousness asides which affirm the idea of a person telling a story, adding detail as it occurs to them. This bits and pieces exposition builds tension and confusion throughout the book, but especially at the beginning, where information is slowly leaked to the reader. There us a symbiotic relationship between the frenetic style and the wildly unbalanced characters, which fit together perfectly. This allows Palahniuk to breathe more life into his characters than if he had rendered them in a more conventional way. The first character to be mentioned is Evie Cottrell; the scene is set at her wedding reception, and we meet her standing on a staircase, naked inside whats left of her wedding dress, still holding her rifle. The narrator does not seem at all sympathetic to Evie in her description, and in fact there is a certain amount of distaste in the way, further down the page, we are told, You can trace everything about Evie Cottrells look back to some television commercial for an organic shampoo suggesting that Evie is defined more by looks and her outer image than intelligence. The structure of this novel is very fragmented. Paragraphs are short and choppy in some cases only a few words and the non-linear narrative again enforces the superficiality of the characters. The writing is quite plain in its wording and there is little imagistic language (though Brandy is said to be gushing her insides out). The vocabulary is colloquial and varies sometimes using a few simple (some big West Hills wedding reception) and sometimes opting for more descriptive, intelligent words (give me rampant intellectualism as a coping mechanism). The repetition of the word big in the first paragraph is quite telling of the character of the narrator: there are many words that could be used to describe a wedding reception in the West Hills (beautiful, extravagant, luxurious) but all she seems or chooses to note is that it is, simply, big. The lack of descriptive detail here, when later on almost an entire paragraph is devoted to the cut and style of Brandy Alexanders suit is a lso very telling of the characters. The fact Brandy is bleeding g from a bullet wound is mentioned almost as an aside the hole in the suit has caused the single-breasted cut to become asymmetrical. This is where Palahniuk is very clever. He does not come out and say that his characters are vacuous and superficial as such, but the narrators choice of words and actions show us. For example, as Brandy Alexander is laying bleeding to death at our feet, our narrator remarks, my first instinct is maybe its not too late to dab club soda on the blood stain. Earlier in the piece, the narrator has also remarked that Shotgunning anybody in this room would be the moral equivalent of killing a car. Were all such products. A very existential comment in which she places herself in the same category as her two worst enemies and is aware that in a sense she is no better than them. Palahniuk has an interesting and quite original way of conveying his characters feelings. He never seems to write, I feel or she felt and so instead expresses the feelings of his characters in quite abstract ways. So where in Fight Club the narrator exclaimed, I am Joes Enraged, Inflamed sense of Rejection, in Invisible Monsters feelings are conveyed in keeping with the brainless images of the characters as calls from a photographer to his model: Give me malice. This is effective not only in that it allows the reader to see how the narrator feels without resorting to I feel (Which would be rather out of character for these people, but it also likens the whole scene to a photo shoot, making it seem that everyone is acting a part which, of course, they are. It begins the idea that all of these characters are fake and perhaps not what they seem, but rather hiding behind the models faà ¯Ã ¿Ã ½ade of Give me In conclusion, this novel opening is very effective. It introduces the characters and scene is such a way that leaves the reader with numerous questions regarding not only the outcome of the present situation, but also how the situation came about. Who are these people? Why is the house on fire? Why is Evie half burned out of her dress and half way down the stairs with a rifle in her hand? Why did she shoot Brandy? And why is the narrator calmly thinking of dabbing club soda on the bloodstains? It certainly makes the reader want to turn the page to find out just what is going on in this rather twisted world we are being drawn into.
Tuesday, November 26, 2019
Metaphor essays
Metaphor essays The novel, The Invisible Man by Ralph Ellison, opens with the nameless narrator hearing the last words of his dying grandfather. Throughout the rest of the novel, the messages from his grandfather are omnipresent. They foreshadow his downfalls in the future. He is convinced by his parents to ignore his grandfathers words of wisdom by his parents, but his grandfather is right in the end. INSERT TEXT HERE. The narrator is not only a black man, but a black sheep. The narrator sees his education as his hope for the future. When he looks in the briefcase given to him by the superintendent he sees something. "It was a scholarship to the state college for Negroes. My eyes filled with tears and I ran awkwardly on the floor." The narrator could now afford to take his education further. Education is so important to the narrator because it raises his status above the other blacks, but when he tried to use the education he faltered. He feels as if he will be able to contribute so much to the world when he receives this scholarship from the superintendent. This gives the narrator a hope for the future. Towards the end of the novel, the narrator begins to realize the truth about his life. "I was and yet I was invisible, that was the fundamental contradiction. I was and yet I was unseen. It was frightening and as I sat there I sensed another frightening world of possibilities." ...
Friday, November 22, 2019
Basics of the Central Business District
Basics of the Central Business District The CBD or Central Business District is theà focal point of a city. It is the commercial, office, retail, and cultural center of the city and usually is the center point for transportation networks. The History of the CBD The CBD developed as the market square in ancient cities. On market days, farmers, merchants, and consumers would gather in the center of the city to exchange, buy, and sell goods. This ancient market is the forerunner to the CBD. As cities grew and developed, CBDs became a fixed location where retail and commerce took place. The CBD is typically at or near the oldest part of the city and is often near a major transportation route that provided the site for the citys location, such as a river, railroad, or highway. Over time, the CBD developed into a center of finance and control or government as well as office space. In the early 1900s, European and American cities had CBDs that featured primarily retail and commercial cores. In the mid-20th century, the CBD expanded to include office space and commercial businesses while retail took a back seat. The growth of the skyscraper occurred in CBDs, making them more and more dense. The Modern CBD By the beginning of the 21st century, the CBD had become a diverse region of the metropolitan area and included residential, retail, commercial, universities, entertainment, government, financial institutions, medical centers, and culture. The experts of the city are often located at workplaces or institutions in the CBD- lawyers, doctors, academics, government officials and bureaucrats, entertainers, directors, and financiers. In recent decades, the combination of gentrification (residential expansion) and development of shopping malls as entertainment centers have given the CBD new life. One can now find, in addition to housing, mega-malls, theaters, museums, and stadiums. San Diegos Horton Plaza is an example of redeveloping the downtown as an entertainment and shopping district. Pedestrian malls are also common today in CBDs in an effort to make the CBD a 24 hour a day destination for not only those who work in the CBD but also to bring in people to live and to play in the CBD. Without entertainment and cultural opportunities, the CBD is often far more populated during the day than at night, as relatively few workers live in the CBD and most commute. The Peak Land Value Intersection The CBD is home to the Peak Land Value Intersection in the city. The Peak Land Value Intersection is the intersection with the most valuable real estate in the city. This intersection is the core of the CBD and thus the core of the metropolitan area. One would not typically find a vacant lot at the Peak Land Value Intersection but instead one would typically find one of the citys tallest and most valuable skyscrapers. The CBD is often the center of a metropolitan areas transportation system. Public transit, as well as highways, converge on the CBD, making it very accessible to those who live throughout the metropolitan area. On the other hand, the convergence of road networks in the CBD often creates overwhelming traffic jams as commuters from the suburbs attempt to converge on the CBD in the morning and return home at the end of the workday. Edge Cities In recent decades, edge cities have begun to develop as suburban CBDs in major metropolitan areas. In some instances, these edge cities have become a larger magnet to the metropolitan area than the original CBD. Defining the CBD There are no boundaries to the CBD. The CBD is essentially about perception. It is usually the postcard image one has of a particular city. There have been various attempts at delineating the boundaries of the CBD but, for the most part, one can visually or instinctively know when the CBD starts and ends as it is the core and contains a plethora of tall buildings, high density, a lack of parking, transportation nodes, a large number of pedestrians on the street and generally just a lot of activity during the daytime. The bottom line is that the CBD is what people think of when they think of a citys downtown area.
Thursday, November 21, 2019
Social Justice Research Paper Example | Topics and Well Written Essays - 500 words
Social Justice - Research Paper Example From a broad point of view, the concept of social justice advocates the equality among the individuals who comprise the society. The above mentioned equality might be perceived from different points of view. For example, socially, it means that all the citizens will be able to enjoy the same kind of treatment. In terms of economic status, they all will have access to financial resources that are irreplaceable for the well being. The most important point here is that the people who have excessive financial funds will be urged to distribute the extra among the needy. Speaking of the political aspect, one might point out that the interests of all the classes will be equally represented in the political process. It would not be an exaggeration to point out that a considerable number of different institutions promotes the notion of social justice, but the United Nations Organization is the one which adopted the most modern version of it. It envisions its application through the specific laws that will be adopted in all the countries all over the world. It would be quite interesting to analyze the benefits as well negative aspects of implementation of the above mentioned notion in various areas. Thus, from the social point of view social justice will ease the tension between the strata. However, it will also contribute to the dissatisfaction of the upper classes that would feel that their portion in the contribution to the overall welfare is exaggerated. As for the economic aspect of the notion with regard to current issues, one might point out that it is likely to fight one of the biggest global problems, namely poverty which is the basis for other issues, such as hunger. However, keeping in mind the weak economic of different states which rely heavily on the loans from different political institutions, one would have to point out that the achievement of it is not possible in the foreseeable future. Finally, there is also the political aspect that
Tuesday, November 19, 2019
Hui 325 E1 Essay Example | Topics and Well Written Essays - 500 words
Hui 325 E1 - Essay Example The angel kissing Beatrice symbolizes that she is safe, and she would be loved in the world in which she is headed. In the Divine Comedy, Dante spends three nights in his ascent to Purgatory, and has a different dream each night. The dreams foreshadow events that are to take place during his journey. Danteââ¬â¢s three unique dreams, all happen in the early morning hours. Each dream portrays specific happenings and connects events of Danteââ¬â¢s journey. The dreams prepare Dante for events that he is to encounter, and prepare readers for his journey. The first dream is the image of a golden eagle, which appears in Canto IX, just before dawn as Dante sleeps outside the gates of Purgatory. The eagle snatches him and soars upwards. This symbolizes the ascension that Dante and humans need to undergo in order to reach Paradise. The divine characteristics of the eagle are shown. Itââ¬â¢s fixed and determined flight path (lines 25-28). To Dante, the eagleââ¬â¢s glory symbolizes the glory of the Roman Empire. The dream also prophesies Danteââ¬â¢s ascension. When he awakens, he realizes that he has been physically moved by Divine Lucy to paradise. Among the three dreams, it is the only one that gives a picture of Danteââ¬â¢s physical appearance. The dream ends and immediately Lucy departs, symbolizing divine transportation that Divine Lucy offers Dante. Danteââ¬â¢s second dream takes place in Canto XIX in the early morning hours. In this dream, Dante encounters a siren. He sees a woman who at first he describes as ugly (lines 8-9). Danteââ¬â¢s powerful gaze converts her into a powerful object of beauty (lines 10-15). The woman sings, captivating Danteââ¬â¢s eyes and sending him into a trance. An angelic woman who alerts Virgil about the trance saves him. This symbolizes that without Virgil, Dante could not have made it through the journey of Purgatory. It also shows free will, depicted by the way Dante had to choose
Sunday, November 17, 2019
Service Improvement Essay Example for Free
Service Improvement Essay Abstract As the competition in the restaurant industry become more. Service quality becomes important to achieve the success restaurant. Service Blueprint is one of the methods that use to apply to improve the service system. The process of blueprint is a necessary tool that the restaurant can view all of process of the restaurantââ¬â¢s operation between the customer and providers. The paper aims to examine and apply to improve in the service processes of the restaurant by using the Service Blueprint to be the technique that used to understand customer service experiences. For the service blueprint design, an in-depth interview and a quantitative research method was used based on a customer expectation on the target customer who always to dining-out in the restaurant. The providing emphasize on value co-creation and design characteristics of service systems, and identifying the most important service system characteristics perceived by the customer, is the important way to improve the service. Keywords: blueprint, service, improvement, restaurant Introduction The trend of food and beverage industries in Thailand is growing in the positive direction because the customer behavior on eating out (Thansettakij Newspaper, 2012). Many reasons, hungry, social business and personal reason, affect guests to visit the restaurant. Whatever the reason, customers expect their dining experience to be positive (Ninemeier and Hayes, 2006). Developing high-quality dining experience (Rong and Jun, 2012) is the better way to create value of service to attraction (Sandstrà ¶m et al, 2008). Increasing market competition and growing customer service demands influence the organization to improve efficiency the service processes (Mascio, 2007). The good service process is the first for the restaurant to gain competitive advantage, to marketing success and to growing (Hee and Young, 2001). Restaurants that use the delivery of high service quality have the stronger competitive position (Kit and Ka, 2001). Customer Satisfaction and Customer Expectation The outcome of customersââ¬â¢ evaluation of a service is the satisfaction that based on a comparison of the recognition of service delivery with their previous expectations. (Johnston and Clark, 2005). Thus restaurant need to understand the customersââ¬â¢ service expectations (Johnston and Clark, 2001:2005; Ford and Heaton, 2000), that is an essential for delivering greater service because they represent implicit performance standards that customers use in assessing service quality (Andronikidis et al, 2009). Understanding customer expectations performed an importance part for delivering the customer satisfaction. Customer expectations include two levels are desired expectation and adequate expectation. Desired expectations represented the customer wanted the service to perform that the service ââ¬Å"should beâ⬠. While adequate expectations are the satisfactory performance that the service ââ¬Å"will beâ⬠(Yen and Soe, 2010). Customer Experience and Service Process Services are the experience that depends on human and delivery system. Because of the growing of Service Business, the organization should move into the customer experience management that is importance to creating customer loyalty by creating meaningful and memorable. (Bitner et al., 2007). Experience can be determined as the aggregate and increasing customer awareness created during the process of learning about, obtaining and using a product or service (Jiang, 2008). Customer experience has been treated as embedded in service quality. It is also measured by comparing expectations before, and perceptions after the experience, or perceptions only, through different predetermined service attributes (Walter et al, 2010). Service process is the part of the customerââ¬â¢s experience creation. (Johnston and Clark, 2001:2005) That includes the human element (the people who interacting with customers) and the material production process (Ford and Heaton, 2000). The service process is a collection of activities that represents all of the steps over a period of time (Bitner et al., 2007). Service Blueprint There are a lot of techniques that used to develop the service delivery system for the guest experience. One of them is the service blueprint that is the method of process modeling that use to visualize, analyze, organize, control and develop service processes for improving the internal and external of organization (Gersch et al., 2011). Service Blueprint helps the organization to see the key operational, human resources, and marketing issues that offering the service experience for the customer, easily (Bitner et al., 2007). Dong and Shiang (2010) suggested the service system birdââ¬â¢s eyeview that shows all of the steps in the service process can guarantee the customer satisfaction. The workflow description helps the organization to watch out all of service parts that can provide to improve the failure points. Service Blueprinting is the process of creating the delivering service standard that shows the personnel and equipment required (Mascio, 2007). This method adapts for service innovation, quality improvement, customer experience design, and strategic change focused around customers as a highly effective (Bitner et al., 2007) and effectiveness (Hummel and Murphy, 2011). Drucker (1977) mentions the effectiveness as ââ¬Å"doing the right thingsâ⬠and the efficiency as ââ¬Å"doing things rightâ⬠. Moreover this technique involves a description of the different process steps visually and in continuity, helping to define the steps at which the customer uses the core service and to identify the additional benefits that make up the increased product (Pires et al., 2004). Components of Service Blueprint Coenen et al. (2011) defines a service blueprint as ââ¬Å"â⬠¦visually displays activities by simultaneously depicting the process of service delivery, the points of customer contact, the roles of customers and employees, and the physical surrounding of the perceived processâ⬠. A typical service blueprint consists of five components (Bitner et al., 2007): (1) Customer actions: All of steps that show the customersââ¬â¢ activity. (2) Onstage/visible contact employee actions: Face-to-face actions between the customers and employees (3) Backstage/invisible contact employee actions: All of the employee actions, but the customer canââ¬â¢t see. (4) Support processes: All the tangibles that customers are exposed to that can influence their quality perceptions. (5) Physical evidence: All the activities carried out by individuals and units within the company who are not contact employees. Moreover, there are the actions that separated by diverse ââ¬Å"linesâ⬠(Coenen et al., 2011; Gersch et al., 2011). The ââ¬Å"line of interactionâ⬠separates the customer activity from the provider action, showing the direct interactions between customer and provider. Above the ââ¬Å"line of interactionâ⬠, there are the activities, choices, and interactions performed by the customer. The ââ¬Å"line of visibilityâ⬠differentiates between the visible (onstage) and invisible (backstage) to the customer. Above the ââ¬Å"line of visibilityâ⬠, there are the actions and decisions carried out by front office employees. The ââ¬Å"line of internal interactionâ⬠distinguishes between front office and back office activities. Support processes which are necessary to aid front office employees in delivering the service are carried out below the ââ¬Å"line of internal interactionâ⬠. Research Method Regarding to the aim of this paper the research must examine and apply to improve the service process for service experience. For the collection of comprehensive and detail information about customerââ¬â¢s expectation in the service delivery process. First of all, In-depth interview was used to be the method to help on creating the questionnaire. The questionnaire was devised to measure customer expectations in term of quality of service of the restaurant. References Andronikidis, A., Georgiou, A.C., Gotzamani, K., Kamvysi, K. The application of quality function deployment in service quality management. The TQM Journal, 21/4(2009), pp. 319-333 Bitner, M. J., Ostrom, A. L., and Morgan, F. N., 2007. Service Blueprint: A Practical Technique for Service Innovation. Center for Service Leadership, Arizona State University. Coenen, C., Felten, D.V., and Schmid, M., 2011. Managing effectiveness and efficiency through FM blueprinting. Facilities, Vol. 29 Iss: 9/10, pp.422 436 Dong, S.C. and Shiang, L.Y., Combining Kano model and service blueprint for adult day care service ââ¬â A case study in Taiwan, Service Systems and Service Management (ICSSSM), 2010 7th Drucker, P. (1977), An Introductory View of Management, Harper College Press, New York, NY. Ford, R. C., and Heaton, C. P., 2000. Managing the Guest Experience in Hospitality. Delmar Thomson Learning. Gersch, M., Hewing, M., and Schà ¶ler B., Business Process Blueprinting ââ¬â an enhanced vi ew on process performance. Business Process Management Journal, 17/5(2011), pp.732-747 Hee, W.K., Young, G.K., Rationalizing the customer service process. Business Process Management Journal, 7 /2(2001), pp. 139-156 Hummel, E. and Murphy, K.S., Using Service Blueprint to Analyze Restaurant Service Efficiency. Cornall Hospitalty Quarterly, 52/3(2011). Jiang, K., New Service Development for Interactive Experience. Service Operations and Logistics and Informatics 2008 International Conference on (2008) G
Thursday, November 14, 2019
Essay --
Introducing all readers to the implications of a multicultural society for law enforcement, inside and outside the police agency discussing the aspects of the changing population, and presents views on diversity the presence of different cultures can affect the very nature and perception of crime itself (Robert M. Shusta) Law enforcement challenges related to the growing multicultural population in the United States begins with the need for an increased understanding of the diverse populations with which law enforcement officials interact. Society incorporates a brief historical perspective on immigration. The contact between a personââ¬â¢s culture and a particular crime or offense this essay presents practical reasons why officers should have an understanding of the cultural backgrounds of the groups they commonly encounter. Prejudice interferes with, but can be overcome by, the professional behavior of police officers. Community based policing, along with its implications for positive relations and contact with diverse immigrant and ethnic communities. Enforcement in multicultural communities accepting diversity has always been a difficult proposition for most Americans (Miller, 2003). Typical criticisms of immigrants, now and historically, include, they donââ¬â¢t learn our language, they hold on to their cultures, their customs and behavior are strange, and they form cliques. Many newcomers have historically resisted Americanization; keeping to ethnic enclaves they were not usually accepted by mainstream society. Attending training in cultural diversity has become a mainstay of contemporary police professional development. Although many officers have received such training repeatedly, they often lose sight of the underlying issues that... ... will remain complicated. At a minimum, there must be a basic acceptance of diversity on the part of all criminal justice representatives as a precursor to improving interpersonal relations and contact across ethnic, cultural, and racial lines. For over 150 years, there has been a history of tension and conflict between minority and the police communities in the United States. Law enforcement enforce the law and protect all citizens regardless of race or ethnic background, yet police across the states have been repeatedly accused of targeting and harassing racial minorities, and failing to root out racist attitudes and practices within their ranks. Recent, high profile cases of beatings by police have only served to heighten concerns over the mistreatment of minorities by the police, resulting in extensive calls for major institutional and legal reforms.
Tuesday, November 12, 2019
Figurative Language Essay
Whenever you describe something by comparing it with something else, you are using figurative language. Figurative language is the use of language to describe something by comparing it to something else. It serves many linguistic purposes. It allows people to express abstract thoughts. It creates tone and communicates emotional content. The ability to use figurative language in writing can make a poem or story more enjoyable for the reader. Figurative language is taking words beyond their literal meaning and can come in many different forms, all to create a vivid picture of the written word. There are many ways to incorporate figurative language into writing, some of which come as naturally as speaking. A Simile uses the words ââ¬Å"likeâ⬠or ââ¬Å"asâ⬠to compare one object or idea with another to suggest they are alike, such as ââ¬Å"busy as a beeâ⬠. In Hart Craneââ¬â¢s, ââ¬Å"My Grandmotherââ¬â¢s Love Lettersâ⬠he uses the simile ââ¬Å"ââ¬Å"liable to melt as snowâ⬠to describe the fragility of the letters that have been hidden away in the rafters. This use of figurative language helps the reader to visualize paper that may not be able to withstand someone touching it, but could also be used to convey the fact that not only is the paper old and fragile, but so is his grandmother. In writing, a simile would say you are ââ¬Å"like somethingâ⬠whereas a metaphor would say ââ¬Å"you are somethingâ⬠. A metaphor states a fact or draws a verbal picture by the use of comparison without using the words ââ¬Å"likeâ⬠or ââ¬Å"asâ⬠. In ââ¬Å"The Road Not Takenâ⬠, Robert Frost uses a walk in the woods as a metaphor for making a decision in life, a situation that readers can easily identify with, therefore making it easier to imagine what they are reading. An implied metaphor is a metaphor that compares two things without being obvious. ââ¬Å"There are no stars tonight, But those of memoryâ⬠from Hart Craneââ¬â¢s, ââ¬Å"My Grandmotherââ¬â¢s Love Lettersâ⬠is a good example of an implied metaphor. Personification is a figure of speech in which human characteristics are given to an animal or an object and sometimes are difficult to catch in a poem if you are not paying attention as in Robert Frostââ¬â¢s ââ¬Å"The Road Not Takenâ⬠, where he uses the description ofâ⬠the road wanting wearâ⬠. In the line ââ¬Å"Loose girdle of soft rainâ⬠, from ââ¬Å"My Grandmotherââ¬â¢s Love Lettersâ⬠, the rain is compared to a loose belt, which is a clear example of Personification and much easier to understand. Creating imagery for the reader helps to entertain, provoke thought or help the reader escape to another reality. Sometimes it can even be silly such as the repetition of the same initial letter, sound, or group of sounds in a series of words. This usage of figurative language is called Alliteration and includes tongue twisters such as ââ¬Å"She sells seashells by the seashoreâ⬠. Many writers will use words that describe or imitate a natural sound or the sound made by an object to create imagery within the writing. This is called Onomatopoeia, and although it is a big word that is hard to pronounce, it is the use of small words such as snap, crackle, pop, buzz and creaked that help bring a story or poem to life. Another form of imagery that is used quite often is Hyperbole. This is the use of statements that are so dramatic and exaggerated that a person would not believe the statement is true. ââ¬Å"I was so hungry that not only did I eat my dinner, I ate the plate and silverware too. â⬠A synecdoche is a form of imagery that substitutes a whole object with one aspect of that object. It may also be used to replace a specific object with something more generalized. In ââ¬Å"My Last Duchessâ⬠, Robert Browning uses this form of figurative language when he admits to having his Duchess murdered. Instead of saying he killed her, he makes the statement that ââ¬Å"all of her smiles have stoppedâ⬠. Figurative language is important when writing poetry, but how the poem is structured and what the theme of the poem is can also add or detract from the imagery the writer is trying to create. Robert Browningââ¬â¢s ââ¬Å"My Last Duchessâ⬠is a dramatic monologue pretending to be a conversation, written in iambic pentameter, divided up in pairs of rhymes known as Rhyme Couplets, and with lines that do not employ end-stops. Instead, the writer uses enjambment, which is when of one line of verse carries over to the next line without a pause such as: ââ¬Å"Her husbandââ¬â¢s presence only, called that spot Of joy into the Duchessââ¬â¢ cheek: perhapsâ⬠¦Ã¢â¬ My personal opinion is that the use of enjambment makes it difficult for the reader to understand the ideas and imagery the writer is trying to convey. The theme of this poem is of arrogance, selfishness and jealousy and is lacking any wonderful imagery that could pull the reader in. This is an example of how a structure and theme can make or break the poem. I did not enjoy this poem due to how difficult it was to read, understand and envision. Another part of the structure that sets a poem apart from others is whether there is a rhyming pattern to it or if it doesnââ¬â¢t have a pattern at all. ââ¬Å"The Road Not Takenâ⬠is a lyric poem with four stanzas of five lines each. A lyric poem is one that presents the feelings and emotions of the poet rather than telling a story such as the poem ââ¬Å"My Last Duchessâ⬠. The structure of ââ¬Å"The Road Not Takenâ⬠is a straight forward series of five line stanzas. Each stanza presents us with a single idea. The first sets up the metaphor which is then extended through the rest of the poem. I have found that I enjoy this structure and rhyming pattern making ââ¬Å"The Road Not Takenâ⬠my favorite poem of the three that I read and chose to write about. Everyone is different in their ability to understand the written word, with some people needing things simple and full of imagery that brings the poem to life. Other people prefer a more complex poem that is not filled with fanciful images, but makes them think and analyze what they are reading. No matter what your choice of structure, figurative language or imagery is, they are all necessary to create an interesting piece of written work. Due to people and thought processes being unique to each reader, this explains why there are so many different types of poems that evoke different emotions.
Saturday, November 9, 2019
Forensic People Essay
Computer forensics is the need of carrying out computer related investigations to find legal evidence to related crimes. In order to carry out these investigations, forensics experts use computer forensics tool kits that help them in their investigations. There are a number of forensics tool kits used in different forensic activities such as: Password recovery tool kit (PRTK) This is a tool used to recover lost passwords. It is used to recover passwords of commonly used applications such as Microsoft Office, Lotus 1-2-3 in Windows NT. The file whose password is lost is dragged and dropped onto the open window of the program and Password recovery tool kit recovers its password (Forensic People, 2009). The Password Recovery Toolkit enables the proper management of passwords; it has the capability of analyzing several files at one time and recovering all types of passwords regardless of length and character type. It is also multilingual in nature for it can also recover passwords set in different languages. It is also able to recover password from many applications close to 80. It is also secure as it requires a personal security code to be able to use it. After analyzing files and the recovery of their passwords it gives an optional report file. This tool is provided by access data which is a forensics expert company and it provides a variety of forensic tools (Forensic People, 2009). Source: Smart Doctor (www. recoverlostpassword. com) Metaviewer Metaviewer is a Forensic tool that is developed by pinpoint labs. It is used by forensic examiners to retrieve the metadata for specific files. Pinpoint Metaviewer enables the user to extract files system metadata that are contained in Microsoft Office Files. The information which is retrieved can be pasted into any application. It is used to retrieve OLE metadata for specific files by forensic experts (Pinpoint labs, 2009). Source: Pinpointlabs. com Web historian It is used to give a history of all the activities a person has been carrying out online. It can give a history of the activity on common web browsers such as Mozilla Firefox, internet explorer, Netscape and opera. The tool has the capability of recording the paths for Internet activity files for each web browser Cliffââ¬â¢s (Jones & Belani, 2005). The tool also has the ability to reproduce the recovered data into HTML and Delimited Text File formats. The information normally gives the history of sites visited, activities on those sites and login time and also information got. This helps investigators to carry out investigations and get the suspicious activities of people online. This tool is available as a freeware tool and itââ¬â¢s provided by Red Cliffââ¬â¢s (Jones & Belani, 2005). Source: http://www. securityfocus. com/incidents/images/webfor4. jpg Wireless-Detective ââ¬â Wireless Sniffer and Interception Tool Wireless-Detective is used by investigators for WLAN Lawful Interception. It is a Tool manufactured by Decision Group and assists in sniffing the WLAN so as to carryout investigation on wireless LAN Networks. Wireless-Detective is used to decode WLAN Internet traffic and reconstruct it in real time. Any online activity that is dependent on internet traffic can be sniffed and accessed. The tool captures the traffic and reconstructs all information in a list according to category and content format. It is able to search details and analysis can also be made on the captures traffic to determine evidence and also crack crimes online. This makes the Wireless LAN Detective the most preferred forensics tool for investigators because of its one stop ability to carry out investigations (Decision Group, 2010). X-way forensics. X-way forensic is a resourceful forensic tool that serves various needs of forensics investigators. It has diverse functionalities that support the collection of digital evidence and investigative process (X-ways Software Technology, 2010). This forensics tool offers a functionality of individual case management, the automatic generation of reports from activities and it is capable of recovering data using various techniques. It has time saving capabilities and is not vulnerable to data hiding techniques such as host protected areas (X-ways Software Technology, 2010). The X-ways forensics tool is supplied by X-ways software technology AG. Conclusion Computer forensics tools are very useful in helping forensic experts in retrieving evidence that is important for law makers to prosecute against crimes. It is a fast growing field that is very dynamic as it faces many cyber crime challenges. Thus it is very important for the computer and internet users to be aware of the risks they are facing and how to avoid them. References Decision Group, (2010), Wireless-Detective ââ¬â Wireless Sniffer and Interception Tool. Retrieved From http://www. edecision4u. com/network_forensics_news. html Forensic People, (2009), Your One stop for Forensic Solutions, Decryption tools. Retrieved From http://www. forensicpeople. com/products. asp? tProductGroupId=1&tProductId=3 Jones, K. J. & Belani, R. (2005), Web Browser Forensics, Part 1 Retrieved From http://www. symantec. com/connect/articles/web-browser-forensics-part-1 Pinpoint labs, (2009), Free Software Utilities. Retrieved From http://www. pinpointlabs. com/new/utilities. html X-ways Software Technology, (2010), X-ways Forensics Integrated Computer Forensics Software. Retrieved From http://www. x-ways. net/forensics/
Thursday, November 7, 2019
Liability of Frank for criminal damage pursuant Essay Example
Liability of Frank for criminal damage pursuant Essay Example Liability of Frank for criminal damage pursuant Essay Liability of Frank for criminal damage pursuant Essay Liability of Frank for condemnable harm and aggravated condemnable harm ( a ) The s1 ( 1 ) and s1 ( 3 ) offenses: To be guilty of simple condemnable harm under s1 ( 1 ) Criminal Damage Act 1971 ( CDA 1971 ) it must be established beyond sensible uncertainty that Frank: Intentionally or recklessly (work forces rea) â⬠¦ destroyed or damaged belongings belonging to another without lawful alibi (actus reus) . The extra demand under s1 ( 3 ) of the Act is that the devastation / harm of the belongings in inquiry must hold been caused by fire ( i.e. simple incendiarism ) . Theactus reusandwork forces reamust be considered in bend. Actus Reus Destroy / harm belongings belonging to another without lawful alibi: In order for belongings to fall under the definition of destroyedââ¬â¢ or damagedââ¬â¢ for the intents of CDA 1971 some physical injury or impairment must happen, even if nil is really broken or deformed. In this scenario it is clear that the fire destroyed the notes belonging to Frankââ¬â¢s coach. The books on the tutorââ¬â¢s desk besides caught fire and were damaged / destroyed. It is clear that theactus reusdemands have been met. However, in order for Frank to be guilty of the s1 ( 1 ) and 1 ( 3 ) offenseswork forces reawould besides necessitate to be established. Work forces Rea Purpose or foolhardiness as to the belongings harm: Frank clearly intended to destruct the notes belonging to his coach since he intentionally pulled out a coffin nail igniter and put them alight. Therefore it can be concluded that Frank will be guilty of both the s1 ( 1 ) offense of simple condemnable harm and the s1 ( 3 ) offense of simple incendiarism unless he can set up a defense mechanism. ( I )Poisoning Given that Frank had taken a smattering of Valium prior to the meeting with his coach, can he trust on poisoning to contradict hiswork forces rea? To reply this inquiry it is necessary to find whether Frankââ¬â¢s poisoning was voluntaryââ¬â¢ or involuntary.ââ¬â¢ Given the fact that Frank took a handful of Valium, as opposed to the prescribed dosage, it is likely that his poisoning will be deemed voluntary. If this is the instance Frank can non claim that poisoning negated hiswork forces reasince poisoning can non be relied upon in this manner for offenses of non-specifcwork forces rea( which includes condemnable harm ) [ 1 ] . Frankââ¬â¢s poisoning may be treated as nonvoluntary if his pickings of the Valium, a usually non-dangerous drug, caused him to hallucinate, provided he was non foolhardy in taking the Valium. [ 2 ] Therefore Frank might reason that his depression caused him to take the extra Valium without gaining that his behavior may go unpredictable or unsafe. If he succeeds in this statement his pickings of the Valium will non be deemed foolhardy and he will be able to claim successfully that anywork forces reawas negated. If, on the other manus, his pickings of extra Valium is deemed foolhardy so Frank can non claim his poisoning was nonvoluntary. ( two )Lawful Excuse( s5 CDA 1971 ) Lawful alibi is merely available as a possible defense mechanism to simple condemnable harm and simple incendiarism, i.e. non the corresponding aggravated offenses. A suspect can trust on the s5 ( a ) defense mechanism if he believed at the clip of the offense that the individual to whom the damaged belongings belonged had consented to the harm or would hold consented to the harm had he known of the fortunes. Any such belief must hold been candidly held even if the belief was non a sensible 1. In the instance of an drunk suspect such as Frank the suspect can trust on the lawful alibi defense mechanism where, as a consequence of being intoxicated, he erroneously believed that the proprietor had ( or would hold ) consented to the harm. [ 3 ] If Frank raises the defense mechanism of lawful alibi it is up to the prosecution to turn out beyond sensible uncertainty the absence of lawful alibi. At the clip the harm was done Frank was in a secure environment and was holding a one-to-one meeting with his coach. There is nil to propose that the fortunes would hold led Frank to believe that his coach was accepting to the harm. Consequently, it is likely that the prosecution would be able to dispatch the load rather easy. Frank could potentially reason the s5 ( 2 ) ( B ) lawful alibi defense mechanism every bit good. Under s5 ( 2 ) a suspect is non guilty of condemnable harm he destroyed/damaged belongings in the honest ( non needfully sensible ) belief that it was in immediate demand of protection. Again, given the environment Frank was in at the clip it is likely that the prosecution could dispatch this load rather easy. Based on the analysis, it appears that Frank is guilty of simple condemnable harm and simple incendiarism capable to successfully set uping the defense mechanism of poisoning. ( B )The s1 ( 2 ) and s ( 3 ) offenses: To be guilty of aggravated condemnable harm under CDA 1971 it must be established beyond sensible uncertainty that Frank: Intentionally or recklessly (work forces rea) â⬠¦ destroyed or damaged belongings belonging to another without lawful alibi (actus reus) andâ⬠¦ deliberately or recklessly endangered life by the harm (work forces rea) The extra demand under s1 ( 3 ) of the Act is that the devastation / harm of the belongings in inquiry must hold been caused by fire and that life must hold been endangered by the belongings harm that was caused by fire ( i.e. aggravated incendiarism ) . Again, theactus reusandwork forces reamust be considered in bend. Actus Reus Theactus reusof aggravated condemnable harm / aggravated incendiarism is the same as that of simple condemnable harm / simple incendiarism, as discussed above. It has already been established that Frankââ¬â¢s actions constituted theactus reusof simple incendiarism. Therefore, his actions besides constitute theactus reusof aggravated incendiarism. Work forces Rea Unlike simple condemnable harm / simple incendiarism, thework forces reaof the aggravated offenses is made up of two separate elements. In order for Frank to be found guilty of aggravated condemnable harm the prosecution must turn out that he: deliberately or recklessly damaged his tutorââ¬â¢s notes ; and intended to or was foolhardy as to life being endangered by the belongings harm. As with simple condemnable harm, the first component of thework forces reaseems to be satisfied. After all, Frank pulled out a coffin nail igniter and put fire to his tutorââ¬â¢s notes. As for the 2nd component of thework forces reait is deserving indicating out that at that place does non necessitate to be an existent hazard to life. It is sufficient that an ordinary, prudent bystander believes that life is endangered by the belongings harm. [ 4 ] Besides, any alleged danger to life must come from the devastation or damage itself, instead than from the method used to do the devastation or harm. [ 5 ] So, in the instance of aggravated condemnable harm there was evidently no danger to life caused by the harm to the tutorââ¬â¢s notes. In other words, the lone manner Frank could be guilty of aggravated condemnable harm was if he intended to jeopardize life by destructing his tutorââ¬â¢s notes. Therefore, Frank is non guilty of aggravated condemnable harm. Is Frank guilty of aggravated incendiarism? It might be possible to reason that Frank is guilty of aggravated incendiarism by claiming that the harm to his tutorââ¬â¢s notes caused harm to the books and other stuffs on the tutorââ¬â¢s desk ( since if the notes were non damaged by the initial fire so the books and any other belongings would non hold been damaged either ) through a concatenation reaction. This concatenation reaction of harm endangered life by doing the fire to distribute. Although Frank may non hold intended to jeopardize life the fact that he chose to put fire to the notes, and the fact that fires can distribute easy in paper-clad offices, may intend that he is deemed foolhardy as to life being endangered. In instance it can be established that Frankââ¬â¢s behaviour met the demands of aggravated incendiarism, it is once more necessary to see any possible defense mechanisms. Defense mechanisms ( I )Poisoning Frank may utilize the same statement outlined above to claim that his poisoning was nonvoluntary and it negated anywork forces reafor aggravated incendiarism. ( two )Lawful alibi The lawful alibi defense mechanism is merely available for simple condemnable harm and simple incendiarism, non for the aggravated offenses. Decision On the whole, it appears that Frank is guilty of simple condemnable harm and simple incendiarism. He is non guilty of aggravated condemnable harm and his liability for aggravated incendiarism is arguable. Bibliography Criminal Damage Act 1971 Majewski[ 1976 ] 2 All ER 142 Hardie[ 1985 ] 1 WLR 64 Jaggard V Dickinson[ 1980 ] 3 All ER 716 Sangha[ 1988 ] 2 All ER 385 Tip[ 1987 ] 2 All ER 833 Allen, M.J. ââ¬âTextbook on Criminal Law( 6ThursdayEdition ) , Oxford University Press ( 2001 ) , pp.489-503 1
Tuesday, November 5, 2019
Todo lo que se debe conocer sobre ciudadanÃÂa americana
Todo lo que se debe conocer sobre ciudadanà a americana La ciudadanà a americana da derechos, libertades, privilegios, protecciones, y tambià ©n obligaciones, que son exclusivos de los ciudadanos de los Estados Unidos de Amà ©rica. En este artà culo se brinda informacià ³n sobre los 5 caminos que es posible seguir para obtener la ciudadanà a americana, los derechos que da ser estadounidense, cà ³mo se pierde la ciudadanà a y quà © problemasà puede ocasionar la doble nacionalidad. Quià ©n es ciudadano americano y cà ³mo se obtiene la ciudadanà a de EE.UU. à Se obtiene la ciudadanà a americanaà de diversos modos. Y es que enà comparacià ³n con otros paà ses, Estados Unidos tiene una polà tica muy generosa en este punto.à Reconoce la ciudadanà a por ius solis, es decir, por nacimiento en territorio estadounidense. De hecho, esta es la forma ms comà ºn de adquisicià ³n de la condicià ³n de estadounidense y, a dà a de hoy, sà ³lo existe una excepcià ³n a este principio general. Asimismo,à tambià ©n la reconoce por ius sanguinis tambià ©n conocido por derecho de sangre. Es decir,à por ser hijo o hija de un estadounidense nacido fuera de los Estados Unidos, si bien en estos casos se tienen que cumplir una serie de requisitos para que se reconozca este derecho. Y, por supuesto, tambià ©n seà admite la naturalizacià ³n.à à En la inmensa mayorà a de los casos las personas naturalizadas sonà extranjeros que tienen la condicià ³n deà residentes permanentes legales, cumplen con todos los requisitos legales y que aprueban un examen sobre conocimientos cà vicos y de inglà ©s. Destacar que el tiempoà de espera de los residentes para aplicar por la ciudadanà aà es diferente y depende de cà ³mo se obtuvo precisamente la condicià ³n de residente. Aunque las 3 formas mencionadas -nacimiento en USA, por derecho de sangre y por naturalizacià ³n, son las formas ms comunes de obtener la ciudadanà a, no son las à ºnicas.à Cà ³mo se acreditaà la ciudadanà a americana Varios documentos sirven para probar que una persona es ciudadana de los Estados Unidos. Por ejemplo,à los nacidos en cualquiera de los 50 estados que conforman la Unià ³n Americana o en cualquiera de sus territorios se puede utilizar el certificado de nacimiento. Por otro lado, los que son americanos por tener un progenitor estadounidense pero que han nacido en el extranjero pueden presentar como prueba el Certificado Consular en el que se ha registrado su nacimiento. Adems, los naturalizados pueden presentar el certificado de naturalizacià ³n que se les entrega tras finalizar la ceremonia del juramento de lealtad a los Estados Unidos. Este es un documento muy delicado que no puede fotocopiarse ni enmarcarse. Y se intentar no doblarlo para evitar que se daà ±e y ciertas partes del mismo no puedan ser leà das. Asimismo, en todos los casos y sin importar cà ³mo han obtenido la ciudadanà a, se puede mostrar como prueba un pasaporte americano vlido. Por à ºltimo, un listado ms completo de todos los documentos que podrà an admitirse para probar la ciudadanà a cuando no sea posible mostrar uno de los anteriores. Derechos de los ciudadanos americanos Para los Estados Unidos hay una divisià ³n muy clara a la hora de reconocer derechos y otorgar proteccià ³n: por un lado estn sus ciudadanos y por otro el resto de las personas. Ni siquiera los residentes permanentes legales cuentan con los mismos derechos que los ciudadanos. Quiz el privilegio ms importante es el derecho al voto. Sà ³lo los ciudadanos votan en elecciones federales tras registrarse para votar. Otros privilegios y beneficios pueden compartirse con los residentes permanentes, pero las reglas de aplicacià ³n son frecuentemente diferentes para uno y para otro. Por ejemplo, los cupones de alimentos son ms fciles de obtener para los nacionales que para los titulares de la green card, si bien hay excepciones y tambià ©n variacià ³n segà ºn el estado en el que se reside habitualmente. Asimismo, a la hora de pedir papeles de inmigracià ³n para un familiar el proceso es ms fcil, amplio y rpido si la peticià ³n la realiza un ciudadano. Y tambià ©n desde el punto de vista migratorio es importante destacar que los ciudadanos nunca pueden ser deportados, ni siquiera enà aquellosà casos en que adquirieron esa condicià ³n de adultos por naturalizacià ³n y ostentan doble nacionalidad con otro paà s. En materia de empleo, trabajos donde se necesita una autorizacià ³n para manejar informacià ³n de algà ºn modo relacionada con la seguridad puede estar reservada exclusivamente a los estadounidenses. Por ejemplo, en ciertas posiciones en el Foreign Service o en el Civil Service o para ser oficial en cualquiera de los cuatro Ejà ©rcitos. Incluso privilegios que llegan al corazà ³n pero que tienen poco que ofrecer desde el punto de vista prctico estn reservados para los americanos, como solicitar a la Casa Blanca el envà o de una felicitacià ³n por aniversarios o nacimientos. Pà ©rdida de la nacionalidad americana Es extraordinariamente infrecuente perder la ciudadanà a americana, pero es posible. Bsicamente por realizacià ³n de forma voluntaria de ciertos actos penados por la ley con la pà ©rdida de la condicià ³n de estadounidense o por decisià ³n personal. Si se renuncia motu propio debe hacerse en el extranjero, en una oficina consular y la decisià ³n es irreversible. Evitar los pagos al IRS suele ser una de las razones para tomar esta decisià ³n. Y es que Estados Unidos es à ºnico en el mundo al exigir cumplir con las obligaciones tributarias a sus ciudadanos sin importar donde estos residan. Y es que hay casos en los que a falta de tratados bilaterales de doble tributacià ³n, los americanos expatriados estn obligados a pagar importantes cantidades en concepto de impuestos simultneamente en los Estados Unidos y en el paà s en el que residen habitualmente. Y esto parece ser que est causando un nà ºmero pequeà ±o pero notable de renuncias a la nacionalidad. Este es un listado de 10 famosos que renunciaron voluntariamente a su condicià ³n de estadounidenses por razones muy variadas. Doble nacionalidad: Estados Unidos y otro paà s La doble nacionalidad significa que una misma persona posee simultneamente la ciudadanà a de dos paà ses. Es una situacià ³n tolerada por Estados Unidos pero no fomentada por los problemas y conflictos que esta doble lealtad puede acarrear. Las personas con doble nacionalidad deben tener claro que esta condicià ³n puede afectar negativamente en ciertos trabajos, como por ejemplo en aquellos que requieren un security clearance. Por à ºltimo, aunque se pueden tener dos pasaportes, se entra y se sale de Estados Unidos exclusivamente con el pasaporte americano, no el de otro paà s. A tener en cuenta Son ciudadanos americanos desde el momento de su nacimiento todas las personas nacidas en un territorio o Commonwealth de Estados Unidos, como es, por ejemplo el caso de Puerto Rico. Y desde el punto de vista de leyes migratorias Puerto Rico tiene exactamente las mismas leyes que los 50 estados de USA. Quienes desean viajar a la Isla deben contar con los documentos apropiados. Curiosidades Las personas que tengan curiosidad por saber quà © preguntan en el examen de naturalizacià ³n para obtener la ciudadanà a americana pueden tomar este test de respuestas mà ºltiples que contiene preguntas reales.à Para aprobar el test hay que contestar correctamente un mà nimo de 6 de un total de 10. Este es un artà culo informativo. No es asesorà a legal.
Sunday, November 3, 2019
Rembrandts Work in the Light of Contemporary Artists Case Study
Rembrandts Work in the Light of Contemporary Artists - Case Study Example Many contemporary writers have written on Rembrandt; however, Gary Schwartzââ¬â¢s work stands out. The Rembrandt Book, which was published in honour of the 400th anniversary of Rembrandtââ¬â¢s birth, the book gives the reader an opportunity to comprehend his life as it was. One familiarizes themselves through the book with Rembrandtââ¬â¢s family, friends, patrons, and European civilization and present day culture. Each chapter of the book allows one to have a sneak peek into Rembrandtââ¬â¢s creative thought process. Gary Schwartz has used contemporary sources to assimilate information in the book on Rembrandt. Rembrandt received a thorough grounding in classical and biblical studies. In 1629, Rembrandt painted a self-portrait which is regarded as first of the many that would follow. Rembrandtââ¬â¢s life wasnââ¬â¢t devoid of difficulties and problems. In fact, he led a plain tans life for the longest time. In spite of getting married by 1634, he had an illegitimate d aughter, Cornelia. Eventually, when Rembrandt is reported to be in deep financial trouble and declared him as an insolvent in 1656, the authorities in Amsterdam compiled a minutely detailed inventory of his possessions. Many documents were compiled out of which, one document is said to state the providence of a list with two plaster casts of children, one plaster head, five works by other artists and four of his own paintings and one shoe. Rembrandt led an extremely colourful life rich with drama and suspense and thrilling in its own right.
Thursday, October 31, 2019
'Am I more of a transformational or transactional leader Essay
'Am I more of a transformational or transactional leader - Essay Example The evaluation exercise involved responding to prompts in the questionnaire. The responses were categorical data on a scale of 0 to 4 where zero indicated poorest scores while four indicated highest scores. Based on a model that grouped different prompts into seven factors that were independent and mutually exclusive, scores were evaluated for each factor, total scores compared, and the factor with the highest scores defined the most suitable leadership model. Results from my analysis identify inspirational motivation factor as the best match my leadership characteristics. The factor describes a leader who offers a vision to people and assists the people in concentrating on their work from which they can derive self-utility. These features correspond to characteristics of transformational leaders who create awareness among their followers and develop focus on collective objectives. Transformational leaders also promote intrinsic utility among people, develops vision and ââ¬Å"help people understand need for change,â⬠features that are identifiable with the inspirational motivation factor (Dubrin, 2012, p. 84). Full range leadership model is relevant to my future practice because it identifies a need to posses diversified leadership styles that can be applied in different situations. Its scope that identifies features of transactional and laissez-faire styles also offers a basis for identifying development goals and formulating a strategy for implementing the goals (Sosik, Jung and Jung, 2012). Based on my lower scores on features of transactional leadership style, I plan to improve on my ability to establish standards and enforce them. Developing this ability will diversify my leadership potential and ensure effectiveness in conditions that requires immediate but satisfactory results. My specific goal for development is therefore to gain the ability to enforce developed standards on my
Tuesday, October 29, 2019
Cultural competency in nursing Assignment Example | Topics and Well Written Essays - 250 words
Cultural competency in nursing - Assignment Example Such ensures that nurses can listen to patients effectively in order to learn about their illness and health status. This demands that nurses acquire the knowledge, which makes them learn about the culture of other groups in terms of shared values and traditions. Hence, individuals are able to understand the ethnicity of other persons and their cultural beliefs. Attitude is an integral value for the caregivers in different cultural settings. This is because attitude influences the thinking and behavior that nurses may develop with respect to cultural practices of individuals in different health care environments. Finally, skills aid nurses to have the best cultural competency level. This is in terms of communications and comprehending the means of providing effective patient care and planning for the same. Hence, nurses are able to establish a neutral environment for delivering quality care to the patients in an effective
Sunday, October 27, 2019
Looking At The Social Welfare Legislation Social Work Essay
Looking At The Social Welfare Legislation Social Work Essay Social workers, as a profession, exist in a contested domain, within a framework of rights and duties that are defined by law, by employers and professional codes of conduct (Swaine and Rice, 2009: xi). To be effective a social worker must have an understanding of statutory and legal requirements, and while using the law attempt to balance conflicting principles and practices. It is important to note that the law does not tell us what we ought to do, just what we can do most decisions in social work involve a complex interaction of ethical, political, technical and legal issues which are all interconnected (Banks 1995). In answering this question I intend to focus on the Children Acts 1989 and 2004 detailing the background to the acts and applying them to the Smith case study. The courts in England are managed by Her Majestys Courts Service, an executive agency of the Ministry of Justice (Brammer 2010). The courts are divided into criminal and civil courts. Criminal courts deal with criminal cases and civil courts deal with non-criminal disputes. The role thatà social workers play in courts can be broken down into public law and private law. Public law cases are circumstances where the state, acting through local authority social services, takes steps to intervene in family life. This includes applications for care orders, supervision orders and emergency protection orders. Proceedings where individuals bring cases in their own name are known as private law cases. Contact and residence cases, applications for specific issues orders, prohibited steps orders; parental responsibility and adoption are examples of private law cases. The English court structure is hierarchical with the Supreme Court at the top and the Magistrates Court and Tribunals at the bot tom. This means that cases are seen in the inferior courts first before proceeding, when necessary, to the superior courts. A decision made in the Supreme Court would bind all inferior courts. Social workers can be involved at all levels of the court structure and undertake tasks such as writing reports, appearing as witnesses, or providing support to a service user. As such it is essential for social workers to have a good understanding of the law as it applies to their role. Most court proceedings are held in public in accordance with Article 6 of the Human Rights Act 1998, everyone is entitled to a fair and public hearing. However, in certain circumstances the public and press are excluded and cases are heard privately or in camera (Brammer 2010:65). For social work practice the Human Rights Act 1998 provides an opportunity to empower service users and professionals while promoting best practice, as well as an extra layer of responsibility (Cull and Roche 2001:80). Local authorities can no longer use budgetary constraints as justification for decisions as discretionary policies and decisions can be challenged on the basis of an alleged breach of human rights. (Cull and Roche, 2001). The Human rights Act 1998 incorporates the Convention for the Protection of Human Rights and Fundamental Freedoms into UK domestic law (Brammer 2010). The European Convention for Human Rights contains rights, prohibitions and freedoms arranged in articles. The focus of the Human Rights Act 1998 is to promote and uphold rights contained in these articles and it provides opportunities to promote anti-discriminatory practice. Social workers legal areas of responsibility are classified as duties or powers. Social services are obliged to carry out a duty. There is no discretion or allowance and failure to carry out a duty could found an action for judicial review (Brammer 2010:17). For example, under section 47 of the Children Act 1989 local authorities have a duty to investigate if they have have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm (Children Act 1989, Section 47(b)). Powers give a social worker the authority to act in a particular way but there is discretion to decide how to act. For example, a local authority has power to make payments to parents in respect of travelling, subsistence or other expenses incurred by that person in visiting the child (Para. 16 of Sch. 2 to the Childrens Act 1989). Specific pieces of legislation are more relevant to social workers in their specific roles. The Children Acts 1989 and 2004 are of particular relevance to those working with children and families. Prior to the implementation of the Children Act 1989 the law as it related to children was found in various acts and judicial hearings. The Children Act 1989 combined and simplified existing legislation in order to create an enlightened and practical framework for decision-making, whether the decision is taken in the family home, in a local authority office, in a health centre or in a court room (Allen, 1998, quoted in Cull 2001). Various forces led to the implementation of the Children Act 1989. Firstly, the need to address numerous child abuse and child death scandals such as Maria Colwell and Jasmine Beckford. Central themes that emerged from inquiries into the deaths of these children were the need for better cohesion between agencies to better protect children and consideration of the childs welfare as paramount (OLoughlin and OLoughlin 2008). Such themes subsequently emerged in the Laming Inquiry (2003) following the death of Victoria Climbie, and other subsequent inquiries. These continual failures seem to indicate that the Children Act 1989 does not seem to be fulfilling its purpose. Secondly, international commitments made to the United Nations Convention on the Rights of the Child 1989 meant the need to provide legislation highlighting the importance of childrens rights. The Children Act 1989 recognised the right of children to have their voices heard in the decision-making process and made provisions for childrens guardians to be appointed by the Children and Family Court Advisory and Support Service (CAFCASS) representing the child and the childs interests in court (Children Act 1989, s.41). Under section 44(7) of the act children of sufficient age and understanding were enabled to refuse to undergo medical assessment, something that the children involved in the Cleveland Inquiry (1988) had not been able to do (OLoughlin and OLoughlin 2008). The Act gave flexibility to the court to meet individual childrens needs in particular circumstances and to act in the best interests of that child (Brammer, 2010). The Children Act 1989 brought together public and private law to ensure that the welfare of the child is paramount (OLoughlin and OLoughlin, 2008:21) and reaffirmed the belief that children were best brought up within their families, with minimal intervention from the state (Brayne and Carr, 2008). In response to the Laming Report (2003) into the death of Victoria Climbià © the government published the Green Paper, Every Child Matters. This document had four key themes; more focus on supporting families and carers, timely intervention and protecting children from falling through the net; addressing issues of poor accountability and ensuring that childcare workers are valued, rewarded and trained (Brayne and Carr, 2008). The Children Act 2004 was passed following consultation on this Green Paper. It provides the legislative framework required to address the issues highlighted in the Laming report. Its main aim was to develop more effective and accessible services focused around the needs of children, young people and their families (Brayne and Carr, 2008 p.155). The main provisions of the Children Act 2004 include a duty to co-operate to improve the wellbeing of children, especially in light of failings by multiple agencies to protect children like Victoria Climbià ©. Under th e Act local authorities have a duty to make arrangements to improve wellbeing and partner agencies have a duty to co-operate with local authorities. To enhance the duty of agencies to co-operate Section 8 of the Children Act 2004 imposes the duty to safeguard and promote the welfare of children. Agencies are encouraged to prioritise their responsibilities to children and share early concerns in order to prevent crises. Legislation in the 2004 Act requires that all agencies in contact with children recognize that their needs are different from those of adults and safeguard and promote their wellbeing in the course of their normal duties. Section 17 of the Children Act 2004 introduced the requirement for local authorities to produce Children and Young peoples Plans (CYPP). The CYPP should be the single, strategic, overarching plan for all services and all relevant partners (Brayne and Carr, 2008 p.160). The 1989 Act focused on child protection, the key term in the 2004 Act is safeguar ding. Child protection is linked to legally based state intervention, safeguarding is a means of ensuring that children receive the support that they need for their wellbeing (Brayne and Carr, 2008 p.161). The Children Act 2004 required the establishment of Local Safeguarding Childrens Boards in order to promote better collaboration between agencies in safeguarding the wellbeing of children; the creation of an information database known as Contact Point to facilitate contact between professionals involved with individual children to secure early, coherent intervention (Brayne and Carr, 2008 p. 163); and the appointment of childrens services directors in childrens services authorities to ensure political leadership and accountability for the performance of childrens services (Brayne and Carr, 2008 p. 164).The Childrens Act of 1989 and 2004 have both gradually endeavoured to develop legislation and administrative roles to do with children in a broader sense and to make official provision for children better and safer. With the Children Act 2004 the functions of social services did not change but how they are delivered has been modified. (OLoughlin and OLoughlin, 2008) The Children Act 1989 outlines the responsibilities that local authorities have towards children in their area. Practice is guided by three underlying principles. Firstly, enforced intrusion into family life should be avoided wherever possible. Secondly, local authorities should work in partnership with parents and provide support to try to keep families together. Lastly, local authority resources should be targeted on families in need to ensure support is available to avoid children suffering ill-treatment or neglect and in extreme circumstances being taken into care (Cull 2001). With the Smith family the starting point under the Children Acts 1989 and 2004 must be to help safeguard and promote the welfare of Andrew and Annie. Under section 47 of the Children Act 1989 if the local authority have reasonable cause to suspect that a child who lives or is found in their area is suffering, or likely to suffer, significant harm, they must take such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the childs welfare (Children Act 1989, s.47 (1) (b)). Enquiries made are the beginning of a process and the intention is to decide whether or not action is necessary. Effectiveness of the assessment of the childs needs (and those of the family) is key to the effectiveness of subsequent actions and services and ultimately to the outcomes for the child (Department of Health et al., 2000b). A social worker carrying out this assessment must do so in a manner that causes the least distress to Annie and Andrew, while being respectful to Clare and David. Families affected by parental learning disability are also particularly likely to experience negative attitudes, and worse, from those with whom they come into contact (Department of Health 2007).Practicing in an anti-discriminatory manner would require not making assumptions about David and Clares parenting due to their learning disability. In order to work in partnership with the parents as the Children Act requires the social worker must ensure that the parents do not feel marginalised by explaining the purpose of the investigation and the likely outcomes. How the investigation is handled could affect the relationship between the family and social services and the way the family view input from professionals and other agencies that may become involved. The Children Act 1989 introduced the terms children in need and looked after children and comprised various duties to promote the welfare of such children (Brammer, 2010). The Act even went further by putting in place provisions for children leaving care (Brammer, 2010). Looked after children refers to children who are subject to care orders and those who are voluntarily accommodated by the local authority. Children are considered to be in need if they are unlikely to achieve or maintain a reasonable standard of health or development without intervention by the local authority; health or development is likely to be impaired or further impaired without local authority support; they are disabled (s. 17 (10) Children Act 1989). Local authorities have specific duties to children considered to be in need. As both David and Clare are known to professionals it is possible that the children have already been classified as in need. In this case the local authority has a duty to safeguard and promote the welfare of such children, provide services appropriate to their needs and ascertain and give consideration to the wishes of the child/ren (Children Act 1989, s.17, as amended). Following a section 47 investigation if it is deemed necessary the local authority would also have the power to provide training, advice, guidance and counselling for David and Clare (Cull 2001). David and Clare have co-operated so far and if this remains to be the case the local authority will carry out its duties in partnership with David and Clare, until no further formal intervention is required. It is particularly important to avoid a situation where poor parental care, which does not meet the threshold of significant harm to a child, later declines because of a lack of support. Failure to provide support in this type of situation can damage a childs right to remain with their family (Department of Health, 2007). If the Smith case was considered an emergency it would be possible to apply to court for an Emergency Protection Order (EPO), this would allow for immediate compulsory intervention in order to protect the child/ren (s. 44, Children Act 1989). Those with parental responsibility must be given a minimum of one days notice of impending action; however, action can be taken without notice. If the parents are not present at the initial application for the EPO they have the right to challenge the basis of the intervention after 72 hours. The order lasts a maximum of eight days, but can be extended for a further seven days following application. The applicant has parental responsibility of the child for the duration of the order. This is very much a control aspect of the act as the parents rights are removed in order to safeguard the child. The child must be returned as soon as it is safe to do so. (s. 44(10) Children Act 1989). The need for an EPO can arise when the referral is received or a t any point in the involvement with children and families. Such an order seems to contradict Article 8 of the Human Rights Act 1998(Right to private family life). Although important it may prove difficult to balance David and Clares right to private and family life while protecting the childrens right not to be subjected to inhuman or degrading treatment or punishment (Article 3, Human Rights Act 1998). If the out of hours social worker had initially failed to gain access to the children to initiate an investigation but concerns were not urgent the local authority could apply to court for a Child Assessment Order (CAO) (Children Act 1989, s. 43). The order would supplement to powers of the social worker in assessing the child. A court can only grant a CAO if there is reasonable cause to suspect the child is suffering or is likely to suffer significant harm and that assessment is required to ascertain if this is the case; without the order it is unlikely that assessment can be carried out. A CAO may give direction on how an order is to be carried out, for example, directing that children be kept away from home, or giving direction for a medical assessment to be carried out. With this particular order parental responsibility remains with the parents. Only a local authority or the National Society for the Prevention of Cruelty to Children can apply for a CAO. In some circumstances it may be necessary to separate the child from an alleged abuser. As it may be considered too distressing and confusing to remove the child from the home the Family Law Act 1996 amended the Children Act 1989, giving the court power to order the removal of an alleged abuser from the home. In order for Exclusion Orders (EO) to be made the court must be satisfied that there is reasonable cause to believe that if the person is removed the child will no longer suffer or be likely to suffer significant harm. The court must be satisfied that there is someone else willing and capable of caring for the child and that they consent to the exclusion requirement. Four principles generally apply to all orders under the Children Act 1989: paramountcy of the welfare of the child (s1 (1)); reducing delay (S1 (2)) to avoid prejudicing the welfare of the child (in this respect many of the orders that could be granted by the court had specific time limits); no order unless consider ed in the best interests of the child (s1 (5)) and limiting litigation (s91 (14)) (Open University, 2003). The Children Act 1989 provides a welfare checklist s.1 (3) detailing what factors a court has to consider in certain proceedings relating to children. This list includes issues such as the childs wishes/needs, sex, background, etc. Although the law is attempting to impose control when applying an order it also attempts to provide some balance and promote anti-discriminatory practice with children and families. The relationship between social work practice and the law is an extremely complex and ever-changing one. The law is constantly developing especially with the influence of the Human Rights Act 1998 becoming more visible in court decisions. As a result social workers must have an understanding of how the law applies to practice situations recognising the strengths as well as the limitations of applying the law. Sound knowledge of the law is not only essential to ensure that the actions undertaken are legal and proportionate, such knowledge is essential for the social workers own professional protection (Brammer 2010: Foreword by Andrew McFarlane).
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