The adversarial system in England and Wales Essay Example for Free

The adversarial system in England and Wales Essay The adversarial system of law involves a prosecutor defending his/ her clients in the court of law in the presence of a jury. The jury’s role is to make decisions that will be used in passing the sentence. In this system, the lawyers determine the rulings that are passed. â€Å"Lawyers play a central role in presenting each sides case (Mallenson 11). †This is because their intelligence in solving disputes will determine the sentence passed. Therefore, justice will be served when a prosecutor convinces both the judge and the jury that their defendant is innocent. The accused is not mandated to give evidence but should they choose to defend themselves, they will be cross examined by both parties. In England, the adversarial system is overly institutionalised. The prosecutor has to convince the jury beyond reasonable doubt that the accused committed the crime. The rule of law entails that the law enforcement agents can only make decisions and exercise their duties when as the law suggests. The rules of revealing evidence are developed based on the laws of England and Wales. The rules in this case give the judge limited power. Hence the roles played by judges in the adversarial system are passive since their duties are to ensure that both parties comply with the court rules and they will give direction on the way forward when disputes arise. The adversarial system, the rules of evidence are strict and the stand of prosecutors should be based on facts. For this reason, the cases are well prepared as prosecutors conduct intensive and extensive investigation prior to the court proceedings. The jury is also supposed to be impartial such that they represent what they consider as the truth so as to enable justice to be served. The adversarial system ensures fair trial as the state is not biased against the defendant. Key principles which govern the behaviour of advocates for the prosecution and the defence For advocates to perform well there are certain principles which they must follow. The key principles are the Expediency principle and the legality principles. The expediency principle also called opportunity principle which ensures that prosecutors need to be well disciplined and discrete so that they can represent the defendants impartially. This means that they are not supposed to handle cases just because they have been presented to the courts but because they want to bring about change and help justice take its course. The legality principle ensures that prosecutors have enough, reliable and valid evidence especially in the early stages. Moreover, the prosecutor is not supposed to be influenced by outside forces (Fionda 8). The key principles are father enhanced by other principles some of them are: The prosecutors should treat each case uniquely and not relate it to similar cases before. They must be fair, independent and should not be influenced by anyone or anything, they have to work in the interests of promoting fair justice and not to fulfil their personal ambitions, they have a responsibility of guiding and advising investigators whenever possible. They also review cases and ensure all evidence is presented to the courts. The prosecutors work is to assist the courts to reach a proper and fair sentence that is backed by sufficient evidence and facts so as to assist the courts to come up with a valid conclusion. They will do this by looking into various matters such as making sure they are conversant with the guidelines on the court procedures with regard to the case; do background research on the victims which will include if they have faced any previous charges. They will also need to make sure that there are fewer barriers that will influence their investigations for instance restraining orders. The prosecutor therefore is useful to the courts because they may tell the court how the victim should be sentenced depending on the crimes they have committed. This is because they prepare a plea and Sentence document before sentencing and they present it to the courts. The prosecutors will therefore ensure fair trial by following up court proceedings by constantly reviewing what is presented to the courts as correct and relevant. Fair trial is also furthered when they address new cases afresh by looking into all the supporting evidence so that they can argue their points in court. In enhancing equality, they do this by making sure that they are not influenced by other people or their personal feelings getting in the way of their work and they will present wrong judgements. They also make sure that the court legislators are informed of what is expected from them as they are constantly advised on the areas where they have doubts. â€Å"Adversarialism will only be valid if both sides are equally matched and every party is treated equally (Ian K, 4). † Presumption of innocence is the state of being considered innocent until the court says you are guilty. This is a right that every accused person is entitled to. The prosecutors therefore are the ones who help the courts prove that a person is ‘guilty’ or ‘not guilty’ beyond any reasonable doubt. The courts refer to as the burden of proof and will only take place when there is evidence. And the prosecutors do this by collecting and presenting the evidence. If the prosecutors or the court has doubt in the evidence presented, the prosecutors will have to be given extra time so that they present what is correct.

Human Services Essay Example for Free

Human Services Essay The book, â€Å"Men are from Mars, Women are from Venus† by John Gray, generally, explores the claim that men and women are different and it is this difference that makes relationships fail and/or succeed. Using an allegorical backdrop, he presented his hypothesis by narrating how men originally was from Mars, where, they value success, titles and positions and how women originally was from Venus, where they value relationships, communication and empathy. At a particular point, lives on both planets became meaningless until a Martian glimpsed a Venetian and the Venetians felt loved and cherished, thus, they fitted the gap missing in their lives and opted to live on earth. This story was carefully enhanced as each personality is explored, taking into account their background, their reactions, feelings, expectations as well as coping mechanisms. I can see how positive Gray is, in pursuing his claim, presenting the facts, examples as well as possibilities of the situation. I can also say that most of his concepts are true – that women are indeed very â€Å"emotional† and that men are very â€Å"logical†. On the other hand, this will only be applicable for couples who are willing to make a relationship work. I do not think this will work effectively in a relationship where, let’s say, the man does not understand how a woman think or where a man does not know that women are like â€Å"tides†. I think in the end, women are still going to give – that they will still be â€Å"trapped† in such situation where they have no choice but to give and obliged to understand men. In a way, I don’t like the idea that men fill in the void the women feel when they encounter their down moments. I don’t like the idea that a Venetian is in need of a Martian. Perhaps, I’m just in a rebellious state that I feel that way but I never liked the idea that a woman can’t live without a man in her life. I believe that women are able and are very capable to sustain a living. Such that if a woman is being beaten by her husband, or if a woman is being abused, or if a man validates his vices as a coping mechanism when he is in his cave, the woman has every right to fight back or even leave her husband. She shouldn’t disregard her needs as a woman just because she is waiting for her husband to come out of his cave or have his rubber band pulled back. She shouldn’t let anybody step over her boundaries just because she is naturally, understanding. In the field of human services, the information about men and women will greatly help in dealing with people. It’s hard to separately discuss how acting out, catharsis and repression is related to concepts mentioned in the book so I will be citing possible examples instead. In cases of teenage drug abuse, it is important to trace how it started, or particularly, why it did. Getting these people to talk, be it a man or a woman is never easy. For one, their current coping mechanism may be a result of continuous nurturing of repressed emotions. While time is a big element in these types of situation, using Gray’s concepts teach us to allow them space until they are ready to discuss their issues. Force rarely works in these scenarios, nor is immediate rehabilitation. For youngsters, parents’ participation in this process is very crucial as children may have repressed emotions that need attention. Parents should be educated on â€Å"how to listen† while children will have to be â€Å"advised† on how to â€Å"accept† or â€Å"communicate. † For adults, one’s behavior or treatment greatly matters. Gray’s notes on how to motivate a man or a woman, or encourage them to talk will help in these types of scenarios. In child abuse or rape cases, they say it’s far easier to assign a woman to interview the victims. This is true, because women in general, know how to empathize with the victims as well as understand the situation. Men, normally, try to put on their â€Å"Mr. Fix It Personality† to help a victim feel better – which rarely works and usually pushes the victims into their own comfort zones – choosing not to talk, instead. Gray’s notes on how to make people talk starts from the very basic – being silent and being ready at any time to accommodate the victim. In dealing with the elderly or senior citizens, it will be very different. The provider has to understand that not only does gender matter here but also the psychosocial stage a person is in. Dealing with senior citizens do not constitute a relational aspect, some may even feel insulted if you try to look at it in that perspective. Gray’s ideas in considering the person’s culture (or background) and understanding the person’s individuality (gender and personality) will help in making such relationship fruitful and successful. Health services may seem very specific and require lesser attention or relational aspect. This is true. In a manner of speaking, health provided is based on the results of a test or exam conducted/surveyed on a specific community. On the other hand, some people may refuse to accept help or decline it outright; thinking that they don’t need it or their pride has been insulted. Thus, it is important for health providers to be relational, helping people understand the benefits of the help being provided so that it can be accepted more freely. Imagine, how you can convince a tribe or group to accept vaccine if they had been practicing herbal medicine all throughout their lives? Or how you can convince a community to take advantage of vaccines when their families have opted not to take them for the longest period of time? Although, I believe this is very rare, Gray’s concepts will help a person get acquainted with his/her patients by merely taking into account how men and women vary in reacting to various factors. Knowing that Gray focused on how to make relationships work, it becomes easier to apply his concepts to something general, such as human services – where people deal with other people. Gray’s concepts may even be applied or associated to a group, for Martians did belong to one culture and Venetians belong to another, and very likely, together they share or may have built a different culture too. With this in mind, relating to others will become an everyday adventure, rather than a routinary assumption and prediction of behaviors. It will constitute facts and bases on how personalities can be so similar, yet so different.

Utilitarian Arguments For Thesis Statement

Utilitarian Arguments For Thesis Statement From our point of view, we agree that the procedures of women undergo scalpel is not morally justified. Therefore, people have no right to undergo scalpel even it is because of the beauty demanded by society. Utilitarian Arguments for Thesis Statement Utilitarian approach has proven that the procedures of women undergoing scalpel is not morally justified. This is because according to Act-Utilitarianism, an action is right only if the action produces more pleasure than pain for all parties. More important, it is not depending on the rules of morality that govern the action. We cannot deny that scalpel can make women prettier and more attractive. Therefore, it is definitely will produce more pleasure than pain for the women. However, this situation is only happen in the short run. Let look into the long run, if more and more women are undergoing scalpel, it will affect the perceptions about beauty in society. This is because everyone now is perfect like a doll and women who not undergoing scalpel will automatically considered as ugly. As a result, everyone will have a mindset that women must undergo scalpel then only can be considered a pretty woman. Moreover, scalpel may lead to several side effects and health issues in the future. The side effects and health issues caused by scalpel may become a burden to the women, her family as well as society. This is because the cost of these issues is mainly bear by the society. At that time, it is more pain than pleasure for everyone. This is because the consequences may not easily be recovered and it is impossible to return to the original state. Health Risks We begin with the most obvious of risks. Call it reconstructive, cosmetic, or plasticit is still surgery. People have risked and lost their lives and limbs, and suffered devastating disfigurement and scarring as a result of plastic surgery gone wrong. The worst outcomes are rare, but risk is nonetheless a reality. As quoted by (Natalie Kita, March 9,2009) By applying the Rule-utilitarianism, we have noticed that another point of view that supports our thesis statement. According to the Rule-utilitarianism, the action which means that follow the rules that general acceptance and produce the greatest balance of happiness is right. We all know that the outlook of one person is a present from God and we cannot overtake God to decide ones person outlook by undergoing scalpel. Although there are no rules and acts states that people undergo scalpel in search of beauty is prohibited and illegal. The rules of general acceptance are that no one can overtake God to decide our outlook by undergoing scalpel. Therefore, scalpel is not morally justified action. If the society continues this trend of scalpel, it may create several negative consequences from health risks to psychological and social. The health risk may include infection, tissue death, pneumonia, delayed healing and so on. The psychological and social risks may include the potential of inadequate of correction such as one may still feel ugly after scalpel. Based on the impacts, we can conclude that undergoing scalpel in search of beauty will create more harm than good. Utilitarian Arguments for Antithesis Statement Nowadays, social networks like Facebook has fundamentally changed the way people communicate and discover new things. Many people like to share their live with their friends or even a stranger. Therefore, these people start to demand a beauty appearance so that they can proudly share their photo or portrait online. In addition, people especially women start to level up their demand about beauty. They always want to become as pretty as some celebrity. Therefore, the only way for them to achieve this dream is by undergoing scalpel. For them, it is totally a moral justified behavior because they think that they have the right to decide their own appearance in order to fulfill the wants as well as the demand of beauty by the society. By virtue of hedonism, women undergoing scalpel is nothing wrong. Hedonism is the theory which emphasizes on pleasure and the absence of pain and therefore only the pleasure is ultimately good. For example, women can undergo scalpel in order to search for be auty appearance so that they can fulfill their dream and demand of the society. This is because a beauty appearance can brings pleasure to them. People from all over the world come to have their noses tweaked, chins thinned and fat removed and occasionally grafted onto another part of their face. Its not just a female thing males make up at least 30 percent of JK Plastic Surgery Clinics patients. JK Plastic Surgery Clinics foreign patients account for about 40 to 50 percent of the total number of patients. Of the foreign patients, Chinese make up about 70 percent. As quoted by (Violet Kim, August 9, 2012) This statement shows that it is morally justified and people have the right to undergo scalpel even a man. This is because scalpel is widely accepted all around the world and receive general acceptance from the society. In other words, nowadays, it is a pleasure to have a beautiful appearance after undergoing scalpel. Besides that, it is also legal for the doctor to help people undergo scalpel. Some countries like China and Korea even allowed doctor to advertise their profession and skills in scalpel and this mean it is legal and morally justified. According to Act-Utilitarianism, scalpel is right since it produces the greatest balance of pleasure over pain for the society. This is because beautiful appearance of one person can create happiness for themselves or even the people around them. Moreover, it also create job opportunities for doctor who running scalpel business. Finally, everyone is happy with this activity and thus it produces the greatest balance of pleasure over pain fo r all parties. First, there is no specific biblical prohibition against changing the appearance of our physical bodies. Second, we do not consider other means to improve our outward appearance unethical. For example, few would argue that all forms of makeup, grooming, and fashionable clothing are intrinsically immoral behaviors. In short, the freedom we have in Christ along with the guidance of our own conscience should lead us regarding behaviors that are not specifically prohibited. For this reason, I can find no reason to find cosmetic surgery intrinsically immoral. As quoted from (Richard J. Poupard, 2010) This statement explains that scalpel is as normal as grooming and fashionable clothing. Therefore, women undergo scalpel in order to search for beauty is a morally justified action. According to Rule-Utilitarianism, it is also right if it conform to a set of rules the general acceptances of which will produce the greatest balance of pleasure over pain for everyone. For example, there are people who undergo scalpel to correct their skin which damaged by fire is a pleasure for them and their family as well.

Character Analysis of Claudius from the Play Hamlet by Shakespeare Essa

Character Analysis of Claudius from the Play Hamlet by Shakespeare In the play, "Hamlet", Shakespeare needed to devize an evil character, a villain that is ambitious, and has the ability to scheme to get what he wants. The character would also have to contain some good qualities, such as kindness and contriteness. These good qualities make the character seem more human and thus, more believable. Claudius is this character. Shakespeare uses Claudius in his revenge theme in this play. Without the acts of Claudius, this theme just would not be. The entire play revolves around what Claudius has done, or will do. The evil traits of Claudius by far outweigh the good things he does. He is very ambitious, perhaps too ambitious. Claudius wanted to be king so badly, that he murdered his own brother to achieve his goal. This is how the revenge theme is weaved into the play. Hamlet, the dead king’s son learns of the act from a ghost, "A serpent stung me; so the whole ear of Denmark Is by a forged process of my death Rankly abused; but now that noble youth The serpent that did sting thy father’s life Now wears his crown." (Act I, Sc. V, Lines 42-46) Claudius not only wanted to be the king of Denmark, he also wanted the queen that came with it. In Act I Sc. II Lines 8-14, Claudius has just recently been crowned king and is addressing the court. He shows in his words how happy he is to be married to Gertrude, the Queen. "herefore our sometime sister, now our queen, The imperial jointress to this warlike state, Have we, as ‘twere with a defeated joy, With an auspicious, and dropping eye, With mirth in funeral, and with dirge in marriage, In equal scale weighing delight and dole, Taken to wife; ...." The ambition of Claudius lays the foundation for the theme of revenge. Without his need to be king and his willingness to do anything for it, the play would be completely different. This evil trait is, in part, what in the end kills Claudius. Claudius’ other evil trait, his scheming, also leads to his death. An example of one of Claudius’ many ‘plans’ was when he summoned Rozencrantz and Guildenstern to do some spying on Hamlet to find out what was ailing him. "Moreover that we much did long to see you, The need we have to use you did provoke Our hasty sending. Something hav... ...) was very wrong and he realises there is little that he can do to make things well.. " O, my offence is rank, it smells to heaven; It hath the primal eldest curse upon’t, A brothers murder! Pray can I not, Through inclination be as sharp as will. My stronger guilt defeats my stronger intent...." (Act III Sc. IV Lines 39-43) "My words fly up, my thoughts remain below; Words without thoughts never to heaven go." (Act III Sc. IV Lines 100-101) These traits give Claudius a human side and this plays into the author’s purpose by making the reader wonder if Hamlet is going to do the right thing by killing Claudius. It gives the reader second thoughts. Claudius was the villain in "Hamlet." He showed all the necessary characteristics of an evil character but Shakespeare put some "extra" into him. He did this be giving him somegood characteristics. What he had was a well blended character with the ability to be both a murderous bad guy to a kind hearted good guy. Shakespeare had Claudius fit well into the theme of revenge. It was all centred around him. With out him, It would have been a happy ending, or completely different.

Antibiotic Usage Essay -- Biology, DNA

This optimism has been dissipated long before the 20th century when the proliferation of antibiotic resistance bacteria became evident as Fleming predicted earlier. With the rapid development of infectious disease associated with antibiotic resistance forced us to change the way we view disease and the way we treat patients. However, antibiotic use has not been without consequence and several factors had contributed to the development of resistance. Some resistances are due to spontaneous mutation and these mutations are for select antibiotic resistance whilst other bacteria tend to steal the deoxyribonucleic acid (DNA) from their counterparts who are already familiar with antibiotics (Mims, 2004; Tenover, 2006). Antibiotic remained effective against most bacterial infection, however these bacterial cells develop resistance and continue to divide resulting in a resistant population and some are no longer effective against infectious disease that was killed few years ago (Levy, 2000). The impact of antibiotic resistance could lead to more infectious diseases that are hard to treat and could result in a global threat making it difficult as mutation and evolutionary pressure cause increase in antibiotic resistance (Strelkauskas et al, 2010). Antibiotics are extremely important medicine but unfortunately bacteria become resistant make it problematic as antibiotic resistance had posed problem around the world people continued to travel and modern technology and sociology exacerbated the development of resistant strains, these strains are transferred from infected people causing a repeat in cycle as they moved from one place to the next (WHO, 2001). Increased globalisation is responsible for res istance, in large overpopulat... ...odified penicillin binding proteins. Some resistant bacteria could be dangerous for example; MRSA and the vancomycin resistant staphylococcus auerus that are virulent in human pathogens (Strelkauskas, 2010) by reducing the permeability of their membranes as a way of keeping out antibiotic by turning off production of porin and other proteins (Weston, 2008), for example; the multi-drug resistant mycobacterium tuberculosis. In pathogens such as Escherichia coli and staphylococcus aureus, efflux pumps played a major role in multi-drug resistance likewise Klebsiella species becoming resistance and other bacteria producing enzymes from Extended Spectrum Beta-lactamase (Livermore and Hawley, 2005; Tenover, 2006) also multi-drug resistance antibiotics Acinetobacter Baumanii and the New Delhi Metallo-1(NDM-1) causing havoc amongst the healthcare setting (HPA, 2010).

The Lumberjack :: essays research papers

'Timber!'; and with a crash the mighty oak hit the ground. There was never a tree too big or a job too tough for Woody. He enjoyed his job as a lumberjack and with good reason. The pay was good, he had always liked the outdoors and he was good at what he did. In fact, some say he was the best. His friends in the city however said he was crazy for moving away. They said there are so many opportunities in the city, but Woody never wanted opportunities, he just wanted to be a lumberjack. So far this job was running smoothly. They were on schedule and there was an abundance of trees in British Columbia to keep them busy for the next while. It seemed so simple at first. Woody and his crew would cut down the trees and they would be shipped to a nearby river where they would be floated downstream to the new lumber mill. At least this was what was supposed to happen. After the first couple loads, there came reports that the logs weren't reaching their destination. Some of the men started talking about how they were logging on uncharted territory and this was a bad omen. Woody just laughed and said, 'Uncharted territory or not, we have a job to do and I'm not going to let some little thing like this ruin my reputation. I'll go see what the problem is.'; And so Woody packed a bag with supplies and sailed off down the river to find the missing logs. It wasn't long before the lush green landscape of trees he saw around him became a bare region of stumps and small brush. It was almost as if another logging crew had been here before him. He was amazed at the number of trees that had been cut down. It would have taken his entire crew at least a week and yet all of the stumps looked freshly cut. Woody had to find out what was happening. A bit further down the river he found his answer. There in front of him were all of the missing logs. They had became jammed at the base of the biggest beaver dam he had ever seen. He gazed up at it in awe of it's shear size. The river itself was quite wide and this dam covered it from shore to shore.

Stefan’s Diaries: Bloodlust Preface

And the TV series developed by Kevin Williamson & Julie Plec Tis now the very witching time of night, When churchyards yawn and hell itself breathes out Contagion to this world. Now could I drink hot blood And do such bitter business as the day Would quake to look on. –Hamlet, William Shakespeare Preface The poets and philosophers I once loved had it wrong. Death does not come to us all, nor does the passage of time dim our memories and reduce our bodies to dust. Because while I was considered dead, and a headstone had been engraved with my name, in truth my life was just beginning. It was as if I'd been asleep these many years, slumbering in the darkest night, only to awake to a world that was brighter, wilder, more thrilling than I'd ever imagined. The humans I used to know continued their lives, just as I once had, spending their finite days going to the market, tending the fields, stealing secret kisses when the sun went down. They were merely shadows to me now, no more significant than the frightened squirrels and rabbits that scampered in the forest, barely conscious of the world around them. But I was no shadow. I was whole–and impervious to their worst fear. I had conquered death. I was no fleeting visitor to the world. I was its master, and I had all of eternity to bend it to my will.