Marvells to His Coy Mistress: The Essence Of Time :: essays research papers

Marvell's "To His Coy Mistress": The Essence of Time The male species has a very creative mind. The creative mind becomes particularly active when the case involves the female species. In Andrew Marvell's "To His Coy Mistress," the author shows how his creative mind is put to use. Marvell, uses time in an attempt to manipulate his coy mistress. Time is depicted in three different manners. First, Marvell uses "ideal time." In ideal time, he tells how many years he would spend loving her if they were given the opportunity. He explains to his mistress that if time allowed, he would spend hundreds of years just to admire her physical being. Next, he implicates "real time," to persuade her to become accessible to him. In real time, Marvell gives examples of her aging and how she will go to the grave with her pride if she doesn't give in. Finally, the use of "optimum time" plays on her emotions of how sweet the opportunity to make love to her would be. Marvell tells his mistress that the act would be almost animalistic and intense. Throughout the poem, he uses the phases of time in an attempt to frighten her into having sex with him. All three stanza's in the poem represent a different time frame. The first gives his mistress a feeling of unconditional love. He leads her to believe he would give all he has to her as long as time will permit. During the second stanza, Marvell plays on her fear of getting old. He warns her that her beauty isn't everlasting and that she will end up unhappy alone if she doesn't give in. Marvell's use of optimum time, the best time, show's his emotions. He appears to become aggravated. This seems to be his ace in the hole. In my opinion, he uses what he believes to be the dearest thing to her,

Information Communication Technology Essay

Where ever you go you always see ICT whether it’s at the cinema or at a bank, it has become a necessity in modern life. This report I will be writing, will be on the way I do activities at home and at school using ICT (Information Communication Technology). It will also show what I am able to do on a daily basis, as a result of information technology products, such as my homework, socialising with my friends, playing games and much more. The three ICT technologies I will discussing are: * Mobile Phones * E-Mail * USB Mass Storage Systems (Pen Drive, Flash Memory Cards) The Mobile Phone A mobile phone was originally invented for long range communication through a portable, electronic device, but nowadays, as technology progressed the mobile phone, not allows me to make calls to people from long ranges, but it also allows me to use SMS (Short Messaging System) which means I can send messages to others without direct need for speech. I am also able to access a variety of files such as image, video and music. Mobile phones work by the use of a Subscriber Identity Module Card or SIM Card. It holds a microchip and is inserted into the handset allowing you access to a certain mobile phone network depending on who your provider is. This network is made up of a series of base stations that send signals used by mobile phones. The area covered by each of these base stations is called a cell and cells overlap to make up a coverage area. Advantages There are many advantages to having a mobile phone such as: * You are able to communicate with others through SMS, voice calls and even video calls for any reason and vice versa. * You are able to carry media files on your phone for entertainment purposes. * Nowadays many mobile phones allow you to access the Internet through WAP (Wireless Application Protocol), GPRS (General Packet Radio Service), Wi-Fi (although a disadvantage to Wi-Fi is that you need to be within range of a wireless network connected to the Internet) * The mobile phone can be used almost anywhere without the need for landline cables etcetera Disadvantages Along with advantages there are also some disadvantages such as: * Firstly, it is much more expensive to use than a landline and charges vary when calling other networks. * Also, providers have different numbers of base stations meaning that some providers would a larger coverage area than others so you wouldn’t be able to use your phone everywhere. * Mobile phones aren’t able to get any reception in some buildings that have no direct access to the outdoors e.g. windows and also when you are underground. * Also when one base station has too many people connected to it, it can sometimes disconnect your call. Personal Needs When it comes to using my phone personally, I use it to make phone calls to my family to let them know where I am or when I will back home. It is a way that my parents can ensure that I am safe and it is also a connection if there is any emergency and they need to contact me. Also I am able to listen to music through the music player. How the technology meets my Personal Needs My personal needs are met by this technology; it allows me to communicate with my family while I am not around with them. I can call any of my contacts which are saved in my contact list, by accessing the database of contacts on my mobile phone. By pressing certain buttons (input) different menus come up, in this case my contact list (outcome). This is done by the phone’s CPU (Central Processing Unit), it starts to process the information received by pressing certain buttons and gives the outcome of whatever buttons I have pressed, for example by me opening my contact list and I can find relevant numbers that I can use to contact my family for example my mother’s contact details, it gives me the phone numbers available for me to contact her, from there I can choose the required number I want to call then the mobile phone starts to connect to it and will send a request to the other phone for my call to be accepted or rejected depending on the person. Also when I am going to and from school, doing homework, going out or any other reason, I am able to listen to music while I do the activity. It allows me to pass time more quickly if I am getting bored and sometimes helps me to concentrate while I do work. Evaluate Personal Needs I can use this technology very well to meet my personal needs as I am able to communicate with my family cheaply through the use of SMS and voice calls. But as you go on and need to use your phone more you find that it is too expensive to use the phone but those needs are met by the use of contracts where you receive various numbers of free texts and voice calls for a set price per month. This makes it not only cheaper but easier to contact family because I do not need to worry about having large bills to pay out. Social Needs I need to use my phone for social reasons so that I can communicate with my friends and organise certain activities such as parties. I also need to be able to send and receive SMS messages. How the technology meets my social needs I need to be able to contact my friends, on a regular basis and at short notice, while I am out and about. I am able to do this due to the services provided by a mobile phone, it lets you make calls and send SMSs. My friends would call me to ask if I am able to come to certain arrangements, just as I would call or use SMS to see whether or not they are allowed to come to some events. Even if, for any reason, I am unable to accept a voice/video call from my friends they are still able to contact me through voicemail where they can save a message that I can check later on and get back to them. Also with SMS if my phone is turned off I will still receive the SMS as soon as I turn my phone back on. I can, not only communicate, but I can also share files with my friends through the use of Bluetooth or Infrared. I am able to send them music, images, videos or games quickly and effectively, anywhere. Evaluate Social Needs The mobile phone technology is excellent at meeting my social needs because it allows me make and receive calls and text messages and also share files with my friends. To further meet my needs it could better itself in the way you have to share files, you are unable to send a group of files at one given time but instead you need to accept each file you would like to receive after the previous file has been sent. School Needs As it is against school rules to have a mobile phone with you during school hours, there would be only one need for a mobile phone at school, and that is to secretly send messages to other pupils about various things. How the technology meets my School Needs I need to be able to send messages to my friends during school hours discreetly and I am able to do this because of the different sound settings the phone has. You are able to put your phone on ‘vibrate’ or ‘silent’ so that the teacher cannot tell that I am using my phone. I can also use the mass storage system from inbuilt memories or external memory cards to save/ transfer files from home to school and vice versa. Evaluate School Needs Thanks to the ‘silent’/’vibrate’ settings I can send text messages without getting caught but the level of vibration is sometimes too much and can be heard and by putting it on silent you wouldn’t realise you received a text and you would have to keep on checking and that could potentially get you caught, so by being able to set the vibration intensity I would be able to be more discreet and attract less attention when I receive a text. E(lectronic) Mail E-mail is a system for sending and receiving messages electronically over a computer network, through modems using telephone lines, or, through wireless transmissions to anybody around the world who has access to a computer and has their own personal e-mail address. Examples of messengers are: yahoo messenger, windows live hotmail, g-mail. In an e-mail you can send notes, letters and most kinds of files – music, image video, word processing and others. To send e-mails you first need an email address this consists of five parts; * Firstly, the username (e.g. john_smith), this refers to the recipient’s mailbox. * Then there is a â€Å"@† sign. * Thirdly you have the host name (hotmail, yahoo etcetera) this refers to the mail server this is mainly the company name. * The host name is followed by a dot â€Å".† * It is then completed by the domain (com, co.uk, gov.uk etcetera) Advantages There are many advantages to e-mail such as: * You can use e-mail at any time of the day and it will be sent to the preferred destination. * It is much quicker than by post – snail mail and you can ensure that it doesn’t get lost because it doesn’t have to go through the process of sorting. * It’s free to use. * It can be sent to anyone around the world so long as they have an Internet connection. * You can send messages to large numbers of people Disadvantages Along with the advantages there are also disadvantages to e-mail such as: * You can’t ensure you will get an instant reply because the receiver might not check his mail until later * You are subject to getting spam * There is less security as third parties are able to retrieve your email address * Not always suitable for serious business documents or transactions requiring signatures. Personal Needs I need to be able to contact my family via e-mail at any time of the day as I have family abroad and it is a free way of communicating to them instead of wasting a lot of money in making international calls. Also I need to be able to send some files to myself if I ever need to. For example music files. How the technology meets my Personal Needs With e-mail I am able to contact my family abroad or if they are at work on a regular basis. E-mail is a free type of mail which can be network based or web based or on a certain computer. If an email address is based on the web then it can be accessed from any computer that has an Internet connection but an email that is based on a certain computer or network can only be accessed from that computer or any computer which is connected to the network. Using Email is much more efficient and easier for me because to be able to contact my family without the use of a telephone makes it cheaper to use because e-mail is free. Evaluate Personal Needs My personal needs are met very well by the use of e-mail due to me being able to contact my family anywhere in the world very quickly and at no extra cost this makes my life easier and also better in the sense I have more money, because I don’t need to spend money making international calls and instead use e-mail I am able to save money to get the same message across. Ways that e-mail can be made better are that it should automatically detect spam mailings and delete them and to make matters better for everyone who holds an e-mail address, hosts like hotmail and yahoo should not allow third parties to have access to our information. Social Needs I need to use e-mail to contact my friends when I am unable to call/text them. It is an alternate way for me communicate with my friends if I ever need to talk to them about certain matters. How the technology meets my Social Needs Instead of the phone to communicate I can use e-mail or the more instant version IM, Instant Messaging, which is absolutely free to use. IM is when I am able to communicate with friends and family through different chat rooms. Windows Live Messenger, for example allows me to talk to friends and family when, the person I wish to speak to, and I are online at the same time it is similar to using the phone but the main difference is you are not talking but instead you are typing. I can arrange to meet up with people to go to the cinema or Brent Cross whenever I please I can also just generally talk with my friends about things that are going on at school etcetera. It allows my friends to talk to me if ever the need anything. Many IM servers allow you to play games with your friends like tic-tac-toe or poker I take advantage of this feature and play the games with many of my friends. The use of e-mail and IM, socially, means hassles like friends arriving at place too early or late can be avoided because we can tell each quickly and simply through this technology. Evaluate Social Needs E-mail and IM meets my needs for social uses very well because I am able to converse with my friends and family and arrange events like going to the cinema with great ease. I don’t have to go through the process of phoning different people at different times and spending money on calls, I can just go on an IM server and talk to all the necessary people at the same time and in one conversation making it more like speaking to them in person. Ways it can be improved to meet my social needs are that it should be more easily accessed, you should be able to use these IM services on your mobile phone for free so you don’t need to be on a computer all the time. School Needs I can use e-mail to help me with my school work as I am able to send work-related files to myself and then access them at home and vice versa. How this technology meets me School Needs People who do not have their own external mass storage device, for any reason, can take advantage of using e-mail to send work. On many occasions I have forgotten to bring my USB Pen Drive to school but I that hasn’t stopped me from being able to take my work home with me. Thanks to e-mail I am able to send necessary files to myself so I can complete that work at home. Also my friends are able to send me files which can aid me in doing my homework via e-mail. I can also send my coursework files to relevant subject teachers for them to mark and give back, this means I do not have to waste time in trying to track down the teachers but they can receive it successfully without it being lost through e-mail. I have known people who have asked other teachers to give the coursework to their teacher and had it lost and others who have sent their work directly to the teacher’s e-mail address this is more efficient because that way you can be sure that it won’t get lost. Evaluate School Needs I am able to use e-mail to meet my school needs very well. I can send work to myself so I can continue to do the work at home. This is very good because a lot of the ICT syllabus requires doing work, not only at school, but a lot at home as well and people like me who, on a regular basis forget to bring their USB Pen Drive to school, can benefit the use of e-mail to send work home. Ways that it could be improved to meet my school needs are that it should allow you to send whole files at the same time, because currently it only allows me to send any number of files but it has to be done all separately, this is very time consuming as I have to upload each individual file into an attachment and then I have to download each file onto the computer when I get home . By allowing you to send a whole file at once it saves much more time and hassle. USB Pen Drive – Flash Memory USB Pen Drives are portable, external mass storage devices with a USB plug which can transfer files from one USB supporting machine to another. These are ideally suited to people who have a large number of documents that require frequent access in different places. The memory capacity of these devices has been increasing steadily over the last few years due to advances in technology. The first mass storage system started off only with a capacity of 32mb but nowadays we have USB Pen Drives ranging from 32 MB (megabytes) to 4 GB (gigabytes). USB (Universal Serial Bus) Pen Drives come in many different ways, you get the standard device which is used for storage only and then you get other devices which are mp3’s as well, so not only can you save important files on it you can also listen to music USB Flash Memory differs from hard drives because the Flash Memory stores the memory in a chip whereas hard drives store the memory in a disk Advantages There are advantages to having a USB Pen Drive such as: * They are supported by most operating systems, and can be directly attached to a hardware device. * It is portable and easy to transport as they are so small and compact. * You can transfer files from one computer/machine to another. * You can get different amount storage on them depending on the size and/or quantity of your files. * They can carry much more data than a floppy disk. * Nowadays they aren’t very expensive to buy. Disadvantages Just as there are advantages there are also disadvantages to USB Pen Drive such as: * You have a limited amount of storage – some files may be too big to hold in the USB Pen Drive or you may have too many files on it. * Files may get corrupted on the USB Pen Drive if it is faulty resulting in you losing your work * Due to the portability of it, it is very easy to lose track of it and you may find that you keep on misplacing it. * Some older technologies like old computers do not support USB ports meaning there is no use for the USB Pen Drive. Personal Needs I do not have much of a personal need for USB Pen Drives but sometimes I need to be able to transfer data from one place to another such as music files(mp3, wma), image files(jpg.), video files(wmv, mp4, mpeg). How the technology meets my Personal Needs With a USB Pen Drive I am able to move files to different destinations for example if one of my computers in the house is connected to the Internet and the other computer isn’t, I can download a file from the Internet and then transfer it to the other computer via USB. Evaluate Personal Needs USB Pen Drive meets my needs very well because I am able to transfer many files and folders at the same time to different systems that support USB Ports. Due to the large amounts of memory available to the ability to compress files you end up with a lot space for you to use. Social Needs Just as there are not many uses for USB Pen Drive personally, socially there are limited uses. The main social use for the USB Pen Drive is that you can share files with friends like music or images. How the technology meets my Social Needs If ever I need to go to my friend’s house and they need some files or I need to get some files from them, I am able to use a USB Pen Drive to transfer files. It is more efficient than using e-mail because you are able to transfer whole files and on e-mail you have limits to the size of the file you can send. Also I can access the files without the need of accessing the Internet. Evaluate Social Needs The USB Pen Drive meets my social needs very well because I can move files to any system at my friend’s house very easily. This is very helpful because some of my friends don’t have access to the Internet so I can use the USB Pen Drive to give them files. School Needs Unlike my social and personal needs there are many uses for the USB Pen Drive in school life. I am able to transfer files from school to my home and continue to do my work. How this technology meets my School Needs As an ICT GSCE student I need to be able to take coursework, data files and other various files to and from school, with a USB Pen Drive I can easily do that. With a 1GB flash memory drive I have no problem transferring files. Using a USB Pen Drive I don’t need to access the Internet, instead I can just plug it into the computer and it will detect the hardware and install the software to run the USB Pen Drive. When it has done that I can freely open up the USB Pen Drive files from ‘My Computer’ and ‘drag and drop’ necessary files. I can carry on doing work at home and complete it to give in to the teacher the next day it is better than having to wait until the next lesson to complete the work. Evaluate School Needs The USB Pen Drive meets my school needs extremely well; thanks to it I can send/transfer files to any computer I need to complete my school work. This is very useful because some computers may not have the program/software to support the necessary file so being able to move files via USB Pen Drive is helpful because then I can move it to a computer that does have the software. Ways to make the USB Pen Drive better in meeting my school needs are that you should be able to upgrade your USB Pen Drive to have a larger space for memory instead of having to buy a new one.

Actus Reus – Paper

ACTUS REUS: OMISSION & CAUSATION The general basis for imposing liability in  criminal law  is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted.ACTUS REUS An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question – in other words all the elements of an offence other than the mental element. The term actus reus has been given a much wider meaning by Glanville Williams in his criminal law. He says : When he use the technical tern actus reus we include all the external circumstance s and consequences specified in the rule of law as constituting the forbidden situation.Reus must be taken as indicating the situation specified in the actus reus as on that, given any necessary mental element, is forbidden by law. In other words, acus reus means the whole definition of the crime with the exception of the mental element – and it even includes a mental element in so far as that is contained in the definition of an act. Actus reus includes negative as well as positive elements. For example, as stared earlier, the actus reus of murder is the causing of death of a person.It also includes circumstances, such as the person whose death has been caused was not as a consequence of a sentence or death given to him or that the death was caused within the territorial jurisdiction of the state. OMISSIONS IN CRIMES Omissions are controversial for two main reasons_ first, whether and to what extent it is justifiable omissions rather than acts; and secondly, whether liabilit y for omissions rather than act requirement in criminal law. Pursuing the second point here, much has been made above of the importance f requiring proof that the defendant voluntarily did something to produce prohibited conduct or consequence. In so far as this can be termed an ‘act requirement’, are omissions a true exception to it? If they are, is this another argument against criminalizing them? One much-discussed preliminary question is the distinction between acts and omissions. Sometimes it is argued that certain verbs imply action and therefore exclude liability for omissions, and that the criminal law should respect. The distinctions flowing from this. English courts have often used this linguistic or interpretive approach.It has led to a variety of decisions in different statutes, without much discussion of the general principles underlying omissions liability. The law commissions considerably draft criminal code may be said to signal the continuation of this approach, by redefining the homicide offences in terms of ‘causing death’ rather than ‘killing’, and refining the damage offences in terms of ‘causing damage’, rather than ‘damaging’, so as ‘to leave fully open the courts the possibility of so constructing the relevant (statutory) provisions as to impose liability for omissions’.The draft cod would therefore remove any linguistic awkwardness in saying, for example, that a parent killed a child by failing to feed it; but it does so in this specific instance, and without proclaiming a general principle, that the act requirement may be fulfilled by an omission of a duty can be established. Attachment to the vagaries of the language is no proper basis for delineating the boundaries of criminal liability.In some situations the courts, following the linguistic approach, have nevertheless found themselves able to impose omissions liability. In Speck (1977)3 the defendant was charged with committing an act of gross indecency with or towards a child. The evidence was that an 8 yr old girl placed her hand on his trousers over his penis. he allowed that hand to remain there for some minutes, causing him to have an erection.The court of appeal held that the defendants failure to remove the hand amounted to an invitation to the child with the act, or it created a duty in an adult to put an end to the innocent touching of this kind, with omissions liability for not fulfilling the duty. The analysis is similar to that in miller (1983) where D fell asleep whilst smoking, woke up to find the mattress smouldering, but simply left the room and went to sleep elsewhere. He was convicted of causing criminal damage by fire, on the basis that a person who initiates a sequence of events nnocently and then fails to do anything to stop the sequence should be regarded as having caused the whole sequence. On this view the conduct constitutes a single, continuing act; Miller caused the damage because he took no steps to extinguish the fire he had innocently started. It must be doubted whether these efforts to find an act which then coincides in point in point of time with defendants knowledge and intentions are convincing. surely the courts are imposing liability for an omission on these cases, by recognizing that a duty arises.Speck is a little different from miller since the original act of the speck was of the girl, and the duty must therefore amount the recognition of an obligation on an adult to put an end to the indecent yet innocent touching by a child. In so far as these decisions appear to extend the statutory wording, are they objectionable on grounds of retroactivity and lack of fair warning, or defensible as applications of existing common law doctrine to new situations?In other situations it seems possible to offer plausible reasons for regarding the same event as either an act or an omission, and in some cases the courts have sought to exp loit this ambiguity when dealing with problematic medical issues. Yet it is one thing to say that a healthcare professional who decides not to replace an empty bag for a drip-feed has made an omission, whereas switching a ventilator off is an act; is another thing to maintain that the act-omission distinction should be crucial to any determination of the criminal liability in the two situations.In Airedale NHS trust v bland (1993)the house of lords held that it would be lawful for a doctor to withdraw treatment from a patient in a persistent vegetative state, even though death would inevitable be hastened by that conduct. The house held that the withdrawal of treatment would constitute and omission, and thus regarded the duties of the doctor as the central issue. The decision was that the doctor a doctor has no duty to continue life supplying treatment when it is no longer in the best interest of the patient, having regard to responsible medical opinion.However the court of appeal d eclined to adopt this subterfuge in Re A(conjoined twins: Surgical separation), holding that the surgical separation of the twins would undoubtedly an act, and subsequently deciding that carrying out an operation which would result in the death of one twin in order to save the life of other could be justifies on the grounds of necessity. This demonstration of the fragility of the act-omission distinction of the vagaries fthe English language indicates that it may be simplistic to oppose omissions liability in the principle.There are some clear cases of omission in which it is desirable to have criminal liability, such as the parent who neglects to feed her or his child or neglects to protect it from abuse. Omissions can be involuntary or not, in the same way as acts; and provided, that the harm resulted because D failed to intervene, it can be argued that omissions are also causes. Omissions liability ay therefore satisfy the principles that no one should be held liable for bodily m ovements that he or she did not or could not direct.It may also satisfy the principle that no person should be held liable for the conduct or consequences that he or she did not cause. But one point of the act requirement is to exclude liability for mere thoughts that do not result in some bodily movement, and omissions fall foul to that. They do so for a good reason – that certain positive duties to act are so important that they can rightly be made the subject of criminal liability. Of course, such a duty should also be defined with sufficient certainty and made known to those affected by it.So long as these formal requirements are fulfilled there can be no fairness objection to holding a person liable, provided that he or she is capable of taking some steps to carry out the duty. CAUSATION IN CRIMES An event is very often the result of a number of factors. A factor is said to have caused a particular event if, without that factor or, the event would not have happened. Thus , a man is said to have caused the actus reus of a crime, if, that actus would not have occurred without his participation in what was done. Some casual relationships has to be established between his conduct and the prohibited result.A man is usually held criminally liable only for the consequences of his conduct as he foresaw, (or is crimes of negligence, he ought to have foreseen). The act must be the causa causans, ie, the immediate or proximate cause of the effect. When the facts are direct and simple, then establishing the causal nexus between the act and the effect may not be difficult, as for instance in a case of person shooting another person and thereby killing him. The causation can also be without any direct physical act. if the victim asks his way on a dark night nd the accused with the intention of causing his death, directs him to a path that he knows will bring him to a cliff edge , and the victing suffers a fatal fall, this is clearly murder, though the accused has done nothing more than utter words. This can be true in cases of abetment, incitement and conspiracy. In the instances stated above, it is not difficult to establish the direct result between the cause and the effect. The difficulty arises only in cases of multiple causation, where it is difficult to establish the imputability. Example: A, intending to kill B but only wounds him very slightly.A clearly has the requisite mens rea for murder, that is, he foresees and desires B’s death. Not let us assume that on his being ta ken to the hospital in an ambulance, a piece of masonry from a building falls on the ambulance and kills B; or, alternatively, that B has a rare blood disease which prevents his blood from coagulation so that the slight wound leads to his death, which it would not have done if he had not been suffering from this disease; or, alternatively, that B refuses to have the wound treated and dies of blood poisoning, which would not have occurred if B had had the wo unded treated.In all these cases, a problem of causation arises, i. e. , did A cause B’s death for the purposes of the criminal law so that he can be convicted of murder? If the result is too remote and accidental in its occurrence, then there is no criminal liability. CAUSATION AND NEGLIGENCE The difficulty of causation arises very often n cases of negligence. It has t be established that first, the conduct of the person was negligent and secondly, that but for the negligent act of accused, the accident would not have occurred. In other words, the actus reus should be causally connected to the act, which should be proved to be a negligent.In order to impose criminal liability under S 304A, IPC, it is essential to establish that death is the direct result of the rash or (and) negligent act of the accused. It must be causa causans – the immediate cause and not enough that it may be quasa sine qua non, ie, proximate cause. There can be no conviction when rashness or negl igence of third party intervenes. In Suleman rahiman mulani v state of Maharashtra the Supreme Court has approved his rule. In Suleman rahiman mulani the accused who was driving the jeep struck the deceased, as a result of which he sustained serious injuries. The ccused put the injured person in the jeep for medical treatment, but he died. Thereafter, the accused cremated the body. The accused was charged under s304A and 201 of the IPC. As per s 304A, there must be direct nexus between the death of a person and rash and negligent act of the accused that caused the death of the deceased. It was the case of the prosecution of the accused had possessed only a learner’s license and hence was guilty of causing the death of the deceased. The court held that there was no presumption in law that a person who possesses only a learner’s license or possesses no license at all, does not know driving.A person could for various reasons, including sheer indifference, might not have b een taken a regular license . there was evidence to show that the accused had driven the jeep to various places on the previous day of occurrence. So before the accused convicted under s304A, there must a proof that the accused drove in a rash and negligent manner and death was a direct consequence of such rash and negligent manner. In the absence of such evidence no offence under s 304A was made out. The accused was acquitted of the charges. MINIMAL CAUSATIONWhen death of a person is caused after medical treatment, it cannot be said that the treatment was not proper or inadequate, or had better treatment been given, the death would not have taken place. This is because, the intervention of the doctor is in the nature of minimum causation and hence its intervention would have played only a minor part, if any, in causing death. As far as the IPC is concerned, explanation 2 of s 299 specifically states that if an act causes death, even death could have been avoided by proper remedies and skilful treatment, the act shall be deemed to have caused death and the person will be criminally liable.If death results from an injury voluntarily caused, the person who causes the injury, therefore, is deemed to have caused the death, although the life of victim might have been saved if proper medical treatment, provided that it was administered in good faith by a competent physician or surgeon. In Moti singh v state of uttar Pradesh the deceased gayacharan had received two gunshot wounds in the abdomen which were dangerous to life. The injury was received on February 1960. There was no evidence when he was discharged from the hospital and whether he had fully recovered or not.He, however, died on march 1 1960. His body was cremated without post mortem being done. The supreme court held that the two gunshot injuries were dangerous to life were not sufficient for holding that gyancharans death, which took place about three weeks after the incident, was on account of the injuri es received by him. The court observed that in order to prove the charges on gyancharans murder, it was necessary to establish that he had died on account of injuries received on him.Since, the was no evidence to establish the cause of death, the accused could not be said to have caused the death of gyancharan. A crucial aspect highlighted by the court in the case was that the connection between the primary cause and the death should not be too remote. CONCLUSION Causation is a complex topic, with which we have been able to deal only brief here. Proof of causation is often said to be an essential precondition of criminal liability, but there is reason to doubt the generality of that requirement, notably in respect of accomplice liability and vicarious criminal liability.Rather than insisting on a universal requirement of causation, it may be preferable to argue that liability should be negatived, in general, by the voluntary intervening act of another. Several criticisms of the judi cial approach to three exceptional categories of case hace been advanced above. Often the explanations given by the courts are unconvincing. Whilst the traditional or standard causal theory emphasizes the significance of the last voluntary act, there is no reluctance to took wider or to massage the term ‘voluntary’ in certain situations, especially where D clearly stated that the sequence of events by doing a wrongful act.The challenge is to re-examine the intuitions that lead judges and others to their conclusions (the wrongful act theory, the approach to medical mistakes etc. ) with a view to constructing a law that ensures that the courts respect the various principles . BIBLIOGRAPHY 1. P. S. A. Pillai – Criminal law 2. Glanville Williams book on criminal law 3. www. lawteacher. com ——————————————– [ 1 ]. Page 427, principles of criminal law, Glanville will iams [ 2 ]. Duff, criminal attempts, 317-20 Glanville Williams [ 3 ]. 65 CR App R 161. [ 4 ]. (1983) 2 AC 161 [ 5 ]. Criticisms by jc smith (1982) Crim LR 527 and 724, and D.Husak, philosophy of criminal law(1987), 176-8 [ 6 ]. See I. M Kennedy, Treat me right (1988) 169-74 [ 7 ]. (1993) AC 789 [ 8 ]. 4 ALL ER 961 [ 9 ]. Emery (1993) 14 Cr App R (s) 394, aand the new duty by the domestic violence, crime and victims act 2004. [ 10 ]. Glanville Williams, ‘criminal law- causation’) [ 11 ]. Rustom sherior Irani v state of Maharashtra(1969) ACC Cj 79 (SC) [ 12 ]. Md rangawalla v state of mahaarashtra AIR 1965 [ 13 ]. However a driver is expected to anticipate reasonably foreseeable negligent act to road users as contributory negligence has no application in criminal law. [ 14 ]. Re san pai (1936) 14 rang 643

Blue Collar Jobs Essay

In the current economic situation in the U.S, graduating high school and going off to college for a degree has pretty much become the goal for most of the students here in the United States. According to the Institute of Education Sciences, studies have shown that between 1999 and 2009, the number of students in the United States perusing a degree in college full time has risen by almost 45% while part time students increased by 28%. With the vast expanding number of students, the number of job openings for these certain fields are simply not enough to provide every graduate with a job. Because of this problem the unemployment rates are staggeringly high here in the United States which includes the 44% those coming out of college. (Rampell) Take Kyle Bishop for example. Currently 24, he has been waiting tables, delivering beer, and working at a bookstore since 2009 when he graduated from the University of Pittsburgh. (Rampell) Stories like this arise every day and only more appear. It will eventually affect future college students pursuing a degree and those who return to study to obtain a degree. Despite these stories however, many companies have been seeking employees to fill up positions for months to years. Many of these jobs have included machinist, welder, and many more in manufacturing, hence blue collar jobs. Now you may be thinking, how can companies not fill up position for manual labor? But with the pace of the advancement of technology in modern society, machinery has become more complicated and requires a higher skill cap to use compared to before while the number of workers with the skill to operate them has been dwindling. In the North Dakota oil fields, there is a 30% shortage of petroleum engineers and a 10% shortage of machinists that the companies simply cannot find enough workers with the skillsets to fill up these positions. According to news article from the Dallas Morning News the workforce is very skilled but they’re mostly people with experience who are soon to retire. It seems like jobs can’t be found without experience and experience can’t be gained without a job however, many say vocational school may become a solution. Students will be able to gain experience by learning about certain jobs in the field and acquiring the skills required without the need of actually finding a job. More people would become qualified to take over the empty positions and those soon to be empty as people begin to retire and more skilled workers join the workforce which could ease the unemployment rates. Every move made can affect the future of the United States economy and the future workers. Education is certainly very important but obtaining skills to work certain jobs is probably one of the most important factors in getting a job.

National Policy Essay Example | Topics and Well Written Essays - 250 words

National Policy - Essay Example According to our UNIT 7 lecture notes, public policy â€Å"refers to the actions taken by government — its decisions that are intended to solve problems and improve the quality of life for its citizens.† In this case, public policy is actually formed following these three processes: policy formulation and adoption—this is where an approach is come up by different political stakeholders in solving a certain problem; implementation—this is where the decision of government is put into effect; and evaluation and termination evaluation—this is where a specific public policy is reviewed and evaluated based on a cost-benefit analysis. In this case, a particular problem is actually identified through something that attracts attention of the government, especially when the welfare of the public is harmed or threatened. In determining solutions for this problem, different political stakeholders actually present their approach on how the problem is solved†”including congress, the executive and the judicial branches of government, civil society groups, political parties, and even the citizens most affected. Works Cited Unit 7: Politics and the Economy (Lecture Notes)

Leadership and management Essay Example | Topics and Well Written Essays - 1250 words - 1

Leadership and management - Essay Example Palpably, Claire Fagin applies visionary leadership in her quest to research and establish a niche for the psychiatric nurse in the medical fraternity. She is an American academic, educator nurse and consultant who was born on 25 November 1926. Her academic credentials are a series of documents received from various universities in New York City including a Ph. D from the New York University, a Master’s degree in Nursing from the Columbia University and Bachelor’ s Degree in Science from the Wagner College. In her life, she has participated in programs involved in leading practice and thinking in education of nurses, geriatric nursing, policies of nursing and health, administration as well as leadership programs (Houser, Player and Sigma, 2004). Her career has involved covering major milestones and holding important posts. Between 1977 and 1992, Claire served on the University of Pennsylvania as the Dean of the School of Nursing before she joined the Institute of Medici ne, National Academy of Sciences as a scholar in Residence participating in geriatric nursing research (Houser et al 2004). The year 1993 was a good year for Fagin. She was Presidential Chair of the University of California, San Francisco, in the early weeks of the year. It was in the same year that she became the first woman Interim President in the Ivy League universities. She was the Interim President of University of Pennsylvania a post she held from July 1, 1993 until June 30 1994. In the same year that Claire held the office, she invested heavily on energy while contributing significantly to the University through program ms such as the Commission on Strengthening the Community (Houser et al 2004). A Democratic Leader Her leadership skills during the one-year term drew wide admiration and contributed to her being a Professor of leadership Emerita at the University of Pennsylvania. There are a number of styles incorporated by persons holding positions of leadership in group set tings of any scale. The ideas incorporated as well as the relationship between the leader and the members rely on the style applied by the leader. Claire Mintzer Fagin held a number of leadership posts in her long career (Houser et al 2004). The administration of her authority in these posts closely resembles the leadership style labeled democratic. According to Clark (2013), democratic style of leadership involves the participation and listening to the views of members of the group in the decision making process before the leader finally makes decisions. Clare encouraged the participation of the people in the organizations she managed. She believed and still does believe that communication using open channels is a key ingredient in the makeup of a successful leadership role administration (Houser et al 2004). Clare aimed to replace the atmosphere of distrust created by distance with a homely family-type environment in the university. Comparing Leadership Styles Based on the â€Å" Leadership Style Survey†, the delegate system of leadership scored highest in similarity to Claire Fagin’s leadership style. Participative leadership has been shown to increase employees’ motivation, feeling of power, and job performance in various countries and it has been reported as an effective leadership style for all cultures (Effects of participative, 2011). In contrast, delegate styles are the least effective of all three-leadership styles, which are authoritative,

Talent Management In Abu Dhabi Aircraft Technologies Essay

Talent Management In Abu Dhabi Aircraft Technologies - Essay Example Clearly defining the extent of each employee’s role in various company activities is just one of the ways Talent Management helps to accomplish that objective. Surprisingly, organisations have only just begun to embrace models of Talent Management as a means to reaching goals and objectives. This proposal will explore the current model of Talent Management, exploring its advantages, processes, and objective. Since 1987, Gulf Aircraft Maintenance Company (GAMCO), renamed Abu Dhabi Aircraft Technologies (ADAT) in 2007, has through the investment of the Abu Dhabi government, become the largest provider of aircraft maintenance, repair and overhaul (MRO) in the Middle East. It serves not only the Gulf Region and other parts of Middle East but also attracts customers for Africa, North America and Asia. ADAT’s operation has garnered approval from many certificates on Authorities including local, European and American ones, provides the following services in-house and remotely on site: 1) Airframe Services; 2) Component Services; 3) Engine Services; 4) Technical Services; 5) Technical Training & 6) Material & Management Supply. In combination with major United Arab Emirates government defence contracts, its principle activities include the sale and support for missile defence, commercial jetliners, satellites, military aircraft, and human space flight to Etihad Airlines and various international carriers operating to and from more than 50 international airports worldwide. In this case study will analyse Talent Management in Abu Dhabi Aircraft Technologies (ADAT). 1.2 Problem Statement Due to the highly competitive nature of the aviation industry the need for Abu Dhabi Aircraft Technologies (ADAT) to employ a team that can expand its technical and management team is immense. The challenge; therefore, becomes can ADAT adopt effective strategies that will not only enable them to attract, but also maintain the right talent. As likely surmised, the right talen t is paramount to maintaining a competitive advantage in both new and existing markets. 1.3 Research Aim This study aims to  analyze the Talent Management process in Abu Dhabi Aircraft Technologies and to make recommendations for improvement. One of the largest--if not the largest--cost to a company generally involves compensation for its workforce. Proportionately, effective analysis of the process of recruiting and hiring employees will pay dividends in providing insight to areas of improvement. Studies have shown that a high standard of performance from employees positively correlates with a high performance from the company (Peter 2008). Unfortunately, only a handful of companies are able to achieve that goal (Peter 2008). Leading to the questions of how to handle that limited supply of talent, how to procure it, and how to maintain it. The company that figures this out first will ultimately become the leader in their respective field. Bent (2011) argues that available profess ionals within the aviation industry are declining substantially. This is due to procurement by other companies. From previous studies, a multitude of factors affect employee recruitment aside from financial compensation such as development and training, potential for advancement, work environment, relationship with co-workers and boss, recognition, and