Sunday, March 22, 2020

Frederick Douglas Ethos Pathos Logos free essay sample

He states: Fellow-citizens, above your national, tumultuous joy, I hear the mournful wail of millions whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them(480). If Douglass was never a slave, the quote wouldnt had been as powerful in its deliverance. Douglass uses pathos to describe an emotional event that anyone can relate to; since everyone agrees that children are so innocent. Suddenly you hear a quick snap your ears are saluted with a scream, that seems to have torn its way to the centre of your soul(486). Douglass is a very good writer and speaker, he does argumentative description very well. The thought of someone cruel enough to whip the flesh off of a womans back while shes caring her baby, is chilling. Douglass uses a lot of descriptive writing mixed with pathos throughout his essay, and its astonishing how effective it is. We will write a custom essay sample on Frederick Douglas Ethos Pathos Logos or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The argument itself, or logos, is slavery. Douglass illustrates his argument throughout the essay. For instance, There is not a man beneath the canopy of heaven that does not know that slavery is wrong for him(482). Again, at the end of his essay: There are forces in operation which must inevitably work the downfall of slavery(487). Frederick Douglass was a master of persuasion, with ethos, pathos, and logos, in his arsenal of charisma.

Friday, March 6, 2020

Qué pasa al quedarse en EE.UU. más tiempo que permitido

Quà © pasa al quedarse en EE.UU. ms tiempo que permitido Los turistas extranjeros pueden visitar Estados Unidos con una visa en vlida, o incluso, sin visado si pertenecen a un grupo selecto de paà ­ses que pertenecen al Programa de Exencià ³n de Visados, pero deben salir del paà ­s antes de que expire el tiempo autorizado para permanecer en el mismo. Los tiempos que se puede quedar un turista depende del tipo de documento que se utilice para ingresar y, si se ingresa con visa, incluso de las condiciones de su titular. En el documento que se conoce como I-94 registro de entrada y salida, puede verificarse exactamente por cunto tiempo se est autorizado a permanecer en EE.UU. Ahora es un documento digital que puede consultarse en internet en la pgina oficial de la CBP. Si se ingresà ³ sin visa, el tiempo mximo de permanencia es de 90 dà ­as. Con independencia de si se ingresà ³ a EE.UU. con visa de turista o sin ella por ser de un paà ­s del Programa de Exencià ³n de visados, todos sufren las mismas consecuencias si se permanecen en el paà ­s ms all del tiempo autorizado. En este artà ­culo se explican cules son esas consecuencias y por quà © se debe evitar intentar hacer trampa con el tiempo de permanencia. Consecuencias de quedarse en EE.UU. ms tiempo del permitido Desde el punto de vista migratorio los turistas que exceden el nà ºmero de dà ­as de estancia permitida se convierten en indocumentados. A partir de ahà ­ si entran en contacto con una autoridad migratoria pueden ser expulsados inmediatamente o deportados, dependiendo del caso de cada uno. Aunque existen posibilidades de legalizarse (regularizar la situacià ³n), en realidad tampoco hay tantas y los requisitos son estrictos. Por esta razà ³n, lo mejor siempre es salir del paà ­s dentro de plazo o pedir con tiempo una extensià ³n o un cambio de visa. En este punto destacar que los turistas que entraron sin visado no pueden hacer ni una cosa ni otra, para ellos sà ³lo cabe la opcià ³n de salir de Estados Unidos. Adems, deben hacerlo dentro de los 90 dà ­as siguientes al dà ­a de ingreso. Por ello, antes de decidir quedar en Estados Unidos en situacià ³n de indocumentado, consultar con un abogado de inmigracià ³n y entender muy bien todos los problemas que pueden surgir.   En casos muy excepcionales, en los que se permanece en Estados Unidos ms tiempo que el autorizado en la visa es posible  solicitar y obtener una restauracià ³n de estatus. Esto es lo que se conoce como Nunc Pro Tunc para casos en los que no se solicità ³ a tiempo la extensià ³n o un cambio de visa. Otra consecuencia de quedarse ms tiempo del permitido es que la visa de turista se cancela. Tener en consideracià ³n que el titular no es notificado de este hecho. Se entera cuando intenta ingresar a EEUU en el siguiente viaje y no se le permite. En el caso de haber ingresado a EE.UU. sin visa, se pierde ese derecho. A partir de ese momento es necesario pedir al consulado una visa de turista si se quiere regresar a Estados Unidos y la aprobacià ³n de la misma no est asegurada. Adems, tanto si se entrà ³ con visa o sin ella, haber estado ilegalmente es causa de inadmisibilidad y si se ha estado ms de 180 dà ­as ilegalmente en el paà ­s y despuà ©s se sale de Estados Unidos, aplica el castigo de los tres y de los diez aà ±os, con algunas pocas excepciones. Es cierto que para solicitar una visa no inmigrante, como es la de turista, estudiante, intercambio, inversià ³n, etc., es posible solicitar un perdà ³n por la penalidad de los 3 o de los 10 aà ±os, pero no se aprueba frecuentemente. E incluso en los casos en los que ya ha transcurrido el tiempo del castigo puede resultar difà ­cil que el oficial consular apruebe una nueva visa puesto que se plantà ³ ya la duda sobre las intenciones del solicitante.   Eso no quiere decir que resulte imposible obtenerla. Pero sà ­ que se va a mirar con gran detenimiento la aplicacià ³n. Error grave a evitar El sistema informtico de las aduanas de EEUU es, en estos momentos, muy completo. No es como antes. Todas las personas que dan por perdido el pasaporte, piden a sus embajadas unos salvoconductos y una vez que estn de regreso en sus paà ­ses solicitan un pasaporte nuevo y la visa americana estn cometiendo un error.   Eso podà ­a pasar en algunos casos hace aà ±os. Ahora ya no. Queda registrado que no se salià ³ a tiempo. Es este punto es de interà ©s conocer  quà © informacià ³n tienen en el control migratorio de la aduana americana. Los oficiales de migracià ³n, control de paso migratorio y de los consulados de Estados Unidos no tiene que probar nada. Es la persona interesada la que tiene que demostrar, en caso de duda, que efectivamente se salià ³ a tiempo. Al oficial consular o al inspector de aduanas les basta con tener la sospecha para negar la visa o la entrada. Puntos clave a tener en cuenta Quedarse ms tiempo del permitido conlleva convertirse en indocumentadoLa visa se cancela o se pierde el derecho a viajar sin visa como turistaPuede aplicar el castigo de los 3 y de los 10 aà ±os. Este artà ­culo tienen una finalidad meramente informativa.

Tuesday, February 18, 2020

The Success of Napoleon's Strategy throughout His Conquest Essay

The Success of Napoleon's Strategy throughout His Conquest - Essay Example A study into Napoleon’s military influence on Europe should first describe a brief background on the his rise before focusing on the military strategy he deployed in battle, utilizing the various battles he won to demonstrate the success of the strategy. Napoleon grew up in pre-revolution France and attended a military academy before being selected to study the scientific and mathematical aspects of warfare.3 When the French revolution removed the autocratic leadership creating a room for other individuals to take up positions, a scenario a situation developed with Napoleon becoming the beneficiary. He rose up the ranks due to military adeptness in squashing the counter revolutions that characterized early post-revolution France, and was later appointed an operational planner for the army in Italy.4 His military brilliance in Italy saw him take senior leadership in the military and lead an army to Egypt before returning to his homeland and organizing a successful coup d`etat a nd transforming France into a form of a military dictatorship. He however made civil law standard through the Napoleon Code which ensured the revolution’s objectives were not lost especially in terms of freedom and religion. Napoleon’s Military Strategy Napoleon devised a highly effective approach to war that had no rival at that time hence leading to numerous victories against his enemies and driving his conquest. Of particular note is the fact that Napoleon was more of a practical General rather than an innovator, utilizing approaches by former Generals after adapting them to his cause. He adopted the aspects that worked and ignored the useless. His strategy was based on military agility, speed and surprise attacks hence he configured his army in a manner that could carry this out.5 The Napoleonic army was organized into basic units or corps;6 self-sustaining and semi-independent units that could be deployed effectively even against large armies and hold their ground until the other units reinforced them or attacked the enemy from a different side. Napoleon recognized the soldier as the most important function in the overall organization and hence undertook to boost morale across his forces.7 As a result, he had a close personal relationship with his subordinates and was a charismatic figure that created bravery and boosted fighting spirits amongst his men. This can be evidenced by the several proclamations he made to his army such as †¦Ã¢â‚¬Å"You have won battles without cannon, crossed rivers without bridges, made forced marches without shoes and camped without brandy and often without bread. Soldiers of liberty, only republican phalanxes could have endured what you have endured. Soldiers, you have our thanks! The grateful Patrie will owe its prosperity to you. The two armies which but recently attacked you with audacity are fleeing before you in terror; the wicked men who laughed at your misery and rejoiced at the thought of the triumph s of your enemies are confounded and trembling...†8 With an army boasting of such high levels of morale, Napoleon could then implement his strategy that was developed after taking into consideration each specific battle

Monday, February 3, 2020

Managed care and children with chronic illness Case Study

Managed care and children with chronic illness - Case Study Example However, distinct criteria are utilized by managed care providers to distinct degrees of medical care requirements. The recent decades are marked by the attachment of great value to such groups by the states that are faced with high levels of medical needs with an intention of including the poor and the needy in the healthcare programs. Nevertheless, the provision of these services has been limited by certain factors, thus leading to the denial of these services to some children with chronic ailments despite their being needy. Nevertheless, managed care ahs a rationale of providing care services at reduced costs to the patients as well as treatment efficiency measures are of high levels (Perkin, Swift, and Newton 2007). The discussion in this paper is a case study to investigate and establish Managed care and children with chronic illness. The comprehension of this will be enhanced by the study of the scope of the managed care as well as the chronic illnesses that need the managed ca re. In addition, it is deemed crucial to establish the managed care providers as well as the rationale for such services when provided to patients. More crucial, an explanation will be provided for the criteria which children with chronic disease are covered or denied by managed care (HMO, MEDICAID). Managed care and the ideal providers; Managed care is a term utilized in the US in the description of a diversity of techniques that are put in use with the intention of decreasing the healthcare costs. They are also deemed as a rationale for the provision of benefits of health as well as the improvements of care quality provided by the practitioners. The systems in use are those that imply financing and delivering healthcare benefits and service to those that e enroll. Hence, they are often referred to as healthcare concepts and techniques that are managed by a responsible body. The intentions for the steer towards the utilization of such programs are inclusive of the reduction of the healthcare care costs, some of which are deemed unnecessary via the use of particular viable mechanisms. The provision of economic incentives for care providers as well as their patients, in order to provide room for their selection of programs that are less costly is a long term rationale for the managed care. Specific services review performance and increased cost sharing services for beneficiaries are also the major functions of the managed care. They are also deemed crucial in the control of admissions for patients as well as reducing the lengths f time that patients have to wait for treatments. A variety of settings is deemed vital in the provision of such services, which are inclusive of Health Maintenance Organizations (HMO), Preferred Provider Organizations (PPO) etc (Birenbaum, 1997). HMO is a managed care entity that provides managed care health coverage to its clients, and based in the United States. The fulfillment of such services offer is done via hospitals, doctors or any other form of medical practitioners, all of those that have gained contract with the organization. Its running is based on the 1973 Health Maintenance Organization Act, which requires that public or private organizations with 25 and

Sunday, January 26, 2020

The Taboo Subject Of Death

The Taboo Subject Of Death The Oxford English Dictionary defines Taboo as being a social or religious custom placing a ban or restriction on a particular thing or topic. The Adjective added to that definition was banned or restricted by social custom ( Oxford University Press 2001, 2002, 2005, 2006). For many people, death is a taboo subject in spite of the fact that it is of universal concern, but is this statement necessarily true across cultures and countries? This essay will explore both the topical statement and the question. We will look at death from a brief historical context and how, if at all, the passage of time has altered the perception and the acceptance of death. We will take a look at two research studies undertaken in the United Kingdom and in the United States and then look at New Zealands diverse multi cultural society. Does a different cultural perspective of death change when absorbed into a western culture? We will also show that whilst death is still a taboo subject in some cultures, i t is more the inability of people to be comfortable in dealing with the terminally ill and our awkwardness in accepting that death is the inevitable end to our physical life as we know it. Coupled with this, is the fear of the great unknown and these three factors combine to contribute to our unwillingness to talk about of death, rather than death being a taboo subject per say. The fact is, is that we just dont know how. Space is often described as the final frontier. But could death be defined within the same context? Often, the subject of death is easier to discuss in general terms rather than on a personal level. Some of the factors that may give reason to this are as follows: Death in the media may often be portrayed as being violent, traumatic or speedy. This image usually involves some disaster or trauma in order to become newsworthy. In contrast, most real-life deaths are usually un-newsworthy, but this may lead to the developing of a stereotyped view of death that relates to the media image, rather than reality. Today death is not usually encountered on a personal level as frequently as history portrays, or in some other cultures outside of our western world. Science has reduced the incidence of infant mortality and there is a greater perception that technology will also prolong our life as well. There is a reduction in the spiritual belief of an afterlife. Death may now be seen as a final event and hence, becomes a more difficult subject to discuss. Families now tend to be separated and there are not the same support systems as in the past. Different bereavements and factors can affect a persons acceptance. Denial protects the individual from the initial impact of the loss. Not just the individual, but whole groups and societies deny. From a historical perspective, one can begin to see how patterns of Denial within societies changes over time and influences the present. * Lendrum, S. Syme, G. Gift of Tears, (second edition, 2004). During the period of the great Roman Empire, death was common place and more often than not, a public spectacle. The question was not of when they would die; it was more one of how. Would it be through natural causes, or, if their crime was worthy of such a death, crucifixion or rotting in some Roman dungeon. Maybe they would be promoted to the position of Gladiator. At least then they would only have to face war chariots, lions, or the choice of a blood thirsty crowd if they survived at all. And the Roman Legion was not much better. In Medieval times, death was perceived as a much greater presence than in todays societies. Not surprisingly, life expectancy was about half of that today. People had to be prepared to face death. And death was more likely to be violent, cruel and extremely painful. *Lendrum, S. Syme, G. Gift of Tears, (second edition, 2004). Death was unpredictable and uncontrollable. People had to live with a greater awareness of death around them and of their own mortality. There was always the constant reminder of death in the midst of life. One could not deny the existence of death and were forced to be more prepared to meet their deaths than today. In the last century death crossed over two distinct boundaries. With the occurrence of World Wars 1 2, Vietnam, Korea, China, Afghanistan and China, you had the violent deaths of both combatants and civilians alike. Civilians had to try and carry on with their lives as best they could and at the same time, knowing that this day could be their last. And for those left at home, it wasnt overly better. Not that they were openly threatened with death, but had, to a certain extent, live with a living death. trying to live a reasonably normal life, yet constantly living in the fear of whether or not their loved one would return. Admittedly, death within the context of the above is portrayed in somewhat violent and uncertain terms but throughout, there are three poignant observations that arise: 1/ There are those that live with death face to face on a daily basis. 2/ There are those that live in a somewhat removed position from the turmoil of what is happening. Not isolated but knowing that at some stage they will have to face reality. 3/ Death is something that we will all face head on. The question is, do we acknowledge our mortality and learn to be open about it, or do we hide from the reality and repress our innermost fears? In their book Awareness of dying, Glaser and Strauss (2005), researched the average Americans attitude to death and dying. One key point that they found was the strangely paradoxical attitude that revealed itself. Whilst Americans were seemingly able to accept that death was an everyday affair in that on a daily basis, newspapers confronted the brutal fact of death directly (from front page headlines to back page funeral notices, someone was always dying somewhere), they generally seemed to prefer to talk about a particular death rather than about death in the abstract. Characteristically, Americans are unwilling to talk openly about the process of dying itself and also prone to not telling a dying person that they are dying. This, in part, is a moral attitude life is preferable to whatever may follow it. One should not look forward to death. Feifel, H. Death, (as cited in Farberow, N.L., 1963). Social and Psychological problems involved in terminality are perhaps most acute when the dying person knows that they are dying. For this reason, Physicians in America are quite reluctant to disclose impending death to their patients. Fieifel, H. Death, (1961, p 17). The problem of awareness is crucial as to what happens both to the dying patient and to the people who give medical and nursing care, as well as those supporting the patient. Whilst one view of awareness is a technical one: should the patient be told they are dying and what is to be done if they dont know or only suspect, there is also a moral one involving professional ethics, social issues, and personal values. Should a dying person be denied the opportunity to make peace with their conscience and with their God, and to settle their affairs and provide for the future of their family? Do they have the right to control their style of dying, much as they controlled their style of living? Does anyone have the right to withhold such information? Fulton, R. Death and Self, (July 1964) In their article titled Dying Conversation Death remains a taboo subject among Brits (25th Sept. 2002), Norwich Union wrote the following: Death is a taboo subject when it comes to conversation. The topic is the most avoided conversation item for around 1 in 5 people nationwide. Women feel more at ease discussing the subject than men. Research also revealed that: .Death is seen as less of a taboo by the youngest (16 24) and oldest (65+), than all other age groups, while religion was the biggest conversational taboo among the 30 something group. .Both death and sex are considered equally taboo subjects by woman. .Death is seen as the biggest taboo by 24% of Londoners far more than anywhere else in Britain. .People in the Northwest are the most likely to openly discuss death only 12% of people asked described death as the biggest taboo. Forty eight percent of people questioned also said that they were treated differently by others after their friend or loved one died and nearly 54% said advice on how to support someone who has suffered bereavement would be useful. Research showed that 2 out of every 3 people in the UK have lost either a close family member or a friend in the last 3 years yet as a nation, we still find it extremely difficult to discuss death and to cope with bereavement. Does culture have any direct influence on how people handle death? In many cultures, there are taboos surrounding death do not touch a dead body least you inherit the disease; do not cremate the body as then the spirit will not rest and will return to persecute (the family). But are these taboos about openly discussing death or merely cultural beliefs as to how to treat the deceased. And what happens to such culture when absorbed into another, larger culture? Such is the case within New Zealand where the country boosts one of the highest cross cultural populations in the western world. For example and from a Maori perspective, serious illness, dying, death and grieving are among the most sacred and important in Maori life. Sanctity (tapu), Ceremony (kawa) and Language (reo), are intertwined in all of Maori life and traditions, and held in the highest regard. Unity, harmony and balance are central to their culture and are maintained through the systems of customary practices and the law of Tapu. For the Maori, serious illness or the process for a terminally ill person is very much a living, family (Whanau) affair. Relatives and friends gather daily beside the patient, either at home or at the hospital, each providing spiritual, moral, emotional and physical support for the patient and for the family. The interests of the patient and family are of paramount concern. Karakia (prayers and incantations) are an integral part and often both traditional Maori and modern Christian believes are combined and whilst traditional healing practices are still practiced, acknowledgement is given for the place and role of scientific medicine. Without great expansion on Maori culture and even given the current cultural climate, Maori traditions and practices continue to be an integral part of Maori life and will undoubtedly continue to be so. It is, perhaps, one of the truly sacred and time honoured cultures that have withstood the test of time in what is basically, a strong western culture. Maori do not appear to have any taboos when it comes to the overall aspect of sickness and Death. In fact, they seem to embrace and encompass it within their Tapu and Kawa. Keene, L. A race nearly lost, (1989, June). Ngata, N.P. Death, dying and grief: a Maori perspective, (1986). Other cultural groups within New Zealand have very similar views and practices in their attitude towards death and dying. In the case of either serious illness and/or in dealing with the terminally ill, it is very much a strong family time with both practical and spiritual/moral support being on constant avail. Of one major exception is that of the Niueans. For them, death is regarded as taboo. Discussion of death amongst themselves or with the dying is forbidden unless the dying raises their impending death. However though, within the same context, the family and friends of the dying/seriously ill person will maintain a constant bedside vidual. People have always grappled with the meaning of death. This was probably mitigated during the Middle Ages by a belief in an afterlife a belief that death was not the end and that the soul moved to another place. Christianity and other faiths expand on this belief. This discomfort about death has lead to shame and embarrassment and an avoidance of talking or writing about death. Euphemisms are often used, especially when talking to children. Such euphemisms as: Snuffed it; Kicked the bucket; Passed away/on; Pushing up daisies; all serve to distance ourselves from the effects of death. We experience great uncomfortableness in attempting to talk to the terminally ill, even if they are family. Out of shear awkwardness, we may say nothing at all and in doing so deprive both ourselves and the dying person of physical touch, words of comfort, and the recognition and emotional connectedness that we all desire. The very words and the valuable proof of our affection and tenderness go unsaid. Hockey, J. (1990, as cited in Lendrum, S. Syme, G., 2004). Freud et al, (as cited in Lendrum, S. Syme, G. 2004), pointed out the connection between the fear of death and the feeling of guilt. Putting into a simple example, Adam and Eve were immortal in Paradise but once they had sinned, became mortal and were condemned to die. That death was punishment for evil committed. The notion that death is a punishment could be used as a way of trying to make sense of death. This same notion could also have contributed to our fear of death and in turn, our guilt. Guilt is a strong emotion that is almost always experienced both by the dying and by those who survive. Not only are the feelings of if only I had.., I only wish that I .., experienced, but even in death, the deceased can be tainted with guilt by those who can find no better way of dealing with their own guilt and fears..Aids is caused by promiscuity..serves them right! An awareness of this might allow us to understand the value of confession and forgiveness. As a personal comment, I have experienced more than 15 deaths in my 53 years of life. These include both of my birth Parents (I was adopted at birth), My Parents, My first real girlfriend (as a result of a plane crash), and numerous motor vehicle accidents involving death where I just happened to be first on the scene. In particular, I recall the deaths of my Father and Mother. My Father died as a result of lung cancer, at home in 1968. I was 12 years old. Throughout the period of 8 months including major lung surgery, my Mother never once said anything to myself or my brother about Dads impending death. In fact we didnt really comprehend it until the day that Dad wasnt at home anymore and the house was totally silent. My mother died from cancer in a Hospice at Lower Hutt. I was 34 and in my first marriage. Mum had been living with my then wife and me for 6 months prior and when she finally died, I wasnt even present. I had struggled to talk to her or even my wife of her death and took solace in alcohol big time. In conclusion, throughout the research of this topic I have found that there are certainly some situations and circumstances in which the subject of death is taboo. However, I am personally of the belief that it is not that the subject is taboo per say; it is more the case of that we just dont know how to speak of, let alone handle death. Society is slowly changing in both the dialogue of, and the acceptance of death on deaths terms, but in saying that, I firmly believe that we, as New Zealand Europeans, can learn a lot from the vast array of other cultures within our country. The question is..Do we want to

Saturday, January 18, 2020

Police Powers

Legal Studies | Outline some of the power police have to conduct an investigation. How does the current system balance the need for justice with the rights of citizens? The law defines what a crime is and whether a particular act constitutes an offence. The responsibility for enforcing criminal laws and ensuring they are adhered to lies with the police. The police are a part of an executive arm of government and so are separate from the legislature who makes the laws and the courts that make enforceable legal decisions and judgements.The responsibility that police have is the prevention and detection of crime and the maintenance of public order, but most importantly it is the police that are responsible for ensuring the criminal laws are observed. The role the police have in the criminal investigation process is to investigate crimes, make arrests if necessary, interrogate suspects and gather evidence against the accused. Once all evidence is collected police will then present the ev idence for judgement to the court on behalf of the state, either directly or through a prosecutor.An example a newspaper article titled â€Å"tougher terror laws† gives us an example of police having power to enter a home without a warrant and re-entered after twelve hours during an emergency under new anti-terror laws. Labour and the collation voted together in the senate last night to pass the legislation, this then create a joint parliamentary committee to monitor the AFP (Australian Federal Police) and the Australian Crime Commission. After a seven day detention limit for someone arrested on suspicion of terrorism the legislation was disregarded.This is an example police not using a warrant to enter a home. The article was specifically about terrorism and creating new legislation for anti-terror laws; in this case the legislation did no pass and was disregarded. Since this case there has been much legislation that has passed for instants The Anti-Discrimination Act 2004 w hich includes amending the Crimes Act 1914 to strengthen the powers of Australia’s law enforcement authorities setting minimum non-parole periods for terrorism offences and tightening bail conditions for those charged with terrorism offences as well as other initiatives.To the Anti-Discrimination Act 2004 there has also been The Anti-Discrimination Act (No. 2) 2004, The Anti-Discrimination Act (No. 3) 2004 as well as Anti-Terrorism Act (No. 2) 2005 which this basically which amends the Criminal Code to allow for the listing of organisations that advocate the doing of a terrorist act as terrorist organisations, establishes procedures for preventative detention and control orders, updates the offence of sedition and other measures.Another example I have is also from a newspaper titled â€Å"DNA on demand† which basically talks about New South Wales police having the power to demand DNA samples from any offender regardless of the severity of the crime. The power was appro ved by cabinet as part of a legislative package focused largely on anti-terrorism measures. Police have been given the tools to fight terrorist and other criminals. Under this new legislation police will be able to demand a hair sample or mouth swab after any arrest no matter how minor. All police have to do is believe that the sample will link the offender to the crime.There are also other measures which include police being able to use spikes as a weapon against terrorism or major crime suspects. But the civil libertarians accused the government of creating a peace state monitoring every aspect of the lives of its citizens. Both â€Å"tougher terror laws† and the article above both obviously is about creating anti-terrorism laws and how there should be tougher laws to make Australia terrorism free and keep the citizens safe because everyone has the rights to feel safe in the environment that they are living in. Police Powers Police Powers INTRODUCTION Police powers are defined as â€Å"legal abilities to perform actions that would otherwise be legally forbidden; they are not duties to perform actions to which the law would otherwise be indifferent† (Shiner, 1994). Police exercise powers with respect to detention and arrest, search and seizure, use of force, and interrogation of crime suspects’ . The degree to which police exercise these powers vary from one case to another. A police force with unlimited power might be more effective, but it would interfere with the freedoms citizens to enjoy.Thus, one major problem permeates the whole field of police powers: how to frame the law to give police adequate powers to perform their law enforcement duties, while at the same time ensuring that such powers do not allow arbitrary and unreasonable interference by the police with the freedom of the individual (Lambert, 1986). Lambert (1986) has stated that, police forces are expected to use powers of c oercion to function efficiently. He acknowledges that powers to detain suspects against their will are essential elements of the investigative process.He also suggests that, there will always be circumstances, where police forces will need to stop and question people, search them and their premises or vehicle and take them to the police station in order to proceed with the investigation, if need be, by force. This would enable them to carry out their job successfully. This term paper looks at two police powers namely the power to detain and arrest and the power to search people and places to seize evidence that are essential to ensure order and pursue criminals, while protecting the rights of citizens.Canadian criminal offences do not all have the same degree of severity. Understanding the classification of criminal offences is essential before discussing about arrest and detention. Arcaro (Arcaro, Classification of offences, 2003), has classified criminal offences in two categories : 1. Summary Conviction: Minor criminal offences that include indecent acts, disturbances, trespassing at night et cetera. 2. Indictable:Major criminal offences that include first degree murder, infanticide, kidnapping et cetera. ARREST AND DETENTIONThe term arrest has been defined as ‘actual restraint on a person’s liberty, without that person’s consent’, and ‘physical custody of a person with the intent to detain’ (Arcaro, Arrest without warrant, 2003). It involves a statement that person is under arrest and may/may not involve physical touch of the person In Canada, The power to arrest is provided by the Criminal Code and other federal statues as well as by provincial legislation such as motor vehicle statues. An arrest can be made to prevent a crime from being committed, to terminate a breach of the peace, or to compel an accused person to attend the trial (Griffiths, 2007).Griffiths (2007) proclaims that only a handful of criminal suspec ts are â€Å"formally arrested† when they are charged with an offence. He claims that most of them are issued an appearance notice by the police officer or are summoned to court by a justice of the peace (JP). He states that, sometimes, the police have to respond quickly without securing a warrant from JP. Section 495(1) C. C states four circumstances where a police officer can arrest a criminal suspect without a warrant: 1. Find a person committing a criminal offence 2. Reasonable grounds that a person has committed an indictable offence. . Reasonable grounds that a person is about to commit an indictable offence. 4. Reasonable grounds that a valid warrant exists in the territorial jurisdiction in which the accused person is found. (Arcaro, Arrest without warrant, 2003) Two additional conditions apply to making an arrest. First, the officer must not make an arrest if he or she has no â€Å"reasonable grounds†. Reasonable Grounds has been defined by case law as â€Å" a set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond a mere suspicion (Arcaro, Arrest without warrant, 2003). A police officer must have reasonable grounds that an indictable offence has been committed. Second, the officer must believe on â€Å"reasonable grounds† that an arrest is â€Å"necessary in the public interest. † This is defined specifically as the need to: 1. Establish the identity of the person; 2. Secure or preserve evidence of or relating to the offence; and/or 3. Prevent the continuation or repetition of the offence or the commission of another offence. (Griffiths, 2007) In practice, arrests are usually made only in the case of indictable offences.For summary conviction offences, arrest is only legal if the police finds someone actually committing the offence or if there is an outstanding arrest warrant or a warrant of committal. The Supreme Court of Canada has held that a detention occurs when a p olice officer â€Å"assumes control over the movement of a person by a demand or direction that may have significant legal consequence and that prevents or impedes access to legal counsel. (Griffiths, 2007)†. Detention is a part of arrest, but a person can be detained without being arrested.Upon arrest or detention, the suspect can choose between exercising charter rights or not. According to Section 10 of the Charter, anyone who has been arrested or detained has the right to be informed promptly of the reason for the arrest or detention. That person also has the right to instruct counsel without delay and to be informed about that right. Suspects have a right to retain counsel but do not have an absolute right to have that counsel paid for by the state. When an arrested or detained person does not have a lawyer, police must inform the suspect of a toll-free number that offers free preliminary advice.They must hold off on further questioning to give the suspect an opportunity to access this advice. Failure to do so is considered as an infringement of suspects’ Charter rights. SEARCH AND SEIZURE â€Å"Search and seizure† is defined as the power of the police to search people and places and to seize evidence. Griffiths (2007) suggests that, historically, under the common law, the way evidence was gathered did not affect its admissibility in a criminal trial. This scenario was changed by Section 8 of the Charter which protects all citizens against â€Å"unreasonable† search and seizure.Section 24 of the Charter requires evidence from an illegal search to be excluded from the trial as is would bring the justice system into disrepute. As a result, conditions and requirements have emerged regarding prior authorization for a search. Generally, a search warrant must be issued. A search warrant is a written document that represents judicial authorization for peace officers to enter and search a specific place for specific items, and to seize those items that are evidence to the offence, if they are found (Arcaro, Search and Seizure, 2003).Arcaro (2003) explains that search warrants must be preceded by an application; they are not automatically granted on the basis of a request by a police officer. He states that, justice may issue a search warrant if reasonable grounds exist to believe that there is in a building, receptacle or place: 1. Anything on or in respect of which any criminal offence under any federal statute has been, or is suspected of having been committed, or 2. Anything that is reasonably believed to be evidence of an offence against the criminal code or other federal statutes. . Anything that will reveal the whereabouts of a person who is believed to have committed any classification of criminal offence; 4. Anything that is intended to be used for the purpose of committing any criminal offence, against the person for which a person may be arrested without a warrant. Essentially the warrant authorizes the search for and seizure of tangible, physical items that are evidence that proves the commission of any classification of offences under any federal statute.The general contents of a search warrant include applicant’s name and signature, the place intended to be searched, description of the items to be searched for, the offence that the evidence to be searched for will prove, and reasonable grounds for belief that the items are in the place (Arcaro, Search and Seizure, 2003). All of the above contents must be sufficiently proven to a justice. If one area is deficient, the application will be rejected. Box 4. 4 (Griffiths, 2007) illustrates a situation where Supreme Court expanded police practice with respect to searches.Police responded to an anonymous tip from a caller regarding young men brandishing weapons by setting up a roadblock, searching for weapons in cars leaving the club. While doing so, they seized weapons from an unsuspecting vehicle. These weapons were ruled out as evidence by the Ontario Court of Appeal in acquitting the two accused, as it was obtained by means of a blockade, which was unlawful since there had been no evidence that anyone was in danger and that the police had not limited their search to vehicles described by the caller.However, the Supreme Court of Canada overturned the decision, deciding that the search was justified. It was agreed that stopping any vehicles from leaving the parking lot of the club was a reasonable response. This example illustrates that the Supreme Court has adopted more of a law-and-order stance in recent years. Works Cited Arcaro, G. (2003). Arrest without warrant. In G. Arcaro, Basic Police Powers (p. 353). Toronto: Thomson/Nelson. Arcaro, G. (2003). Classification of offences. In G. Arcaro, Basic Police Powers (p. 353). Toronto: Thomson/Nelson.Arcaro, G. (2003). Search and Seizure. In G. Arcaro, Basic Police Powers (p. 353). Toronto: Thomson/Nelson. Griffiths, C. T. (2007). Police Powers and Decisio n Making. In C. T. Griffiths, Canadian Criminal Justice (p. 367). Toronto: Nelson Education Ltd. Lambert, J. L. (1986). Arrest and Detention. In J. L. Lambert, Police Powers and Accountability (p. 230). London ; Dover, N. H. : Croom Helm Ltd. Shiner, R. A. (1994). Citizens rights and police powers. In R. S. Macleod, Police Powers in Canada: The Evolution and Practice of Authority (p. 76). Toronto: University of Toronto Press . ——————————————– [ 1 ]. Formal arrest takes place when an arrest warrant has been issued against the criminal suspect. Arrest warrant is a document that permits a police officer to arrest a specific person for a specified reason. It is issued by the Justice of Peace. [ 2 ]. A document issued by a judge directing prison authorities to accept a person into custody upon his or her sentencing or a document issued by parole board to revoke an offender’s co nditional release.

Friday, January 10, 2020

Business Communication Essay

Part-1 Question 1.Communication is an essential function of Business Organizations. 2.Physiological Barriers of listening are: Ans. (a) Hearing impairment 3.Which presentation tends to make you speak more quickly than usual? Ans. (b) Oral 4.What is the main function of Business Communication: Ans. (c) Persuasion 5.The responsibilities of the office manager in a firm that produces electronics spares is Ans. ( d).. All of the above 6.Labov’s Storytelling Model based on: Ans.(a) Communication through speech 7.Diagonal Communication is basically the: Ans. (b). Communication between the CEO and the managers 8.How to make Oral Communication Effective? Ans. (d). All of the above 9.Direct Eye contact of more than 10 seconds can create: Ans. (a). Discomfort & Anxiety 10.10. Encoding means: Ans. (a). Transmission Par -2 1. 7’c of effective communication 1.Courtesy and consideration – Improves Relationship 2. Clarity-Make comprehension better 3. Credibility -Builds Trust 4. Correctness-Builds confidence 5. Completeness and consistency-Introduces stability 6. Concreteness-Reinforces Confidence 7. Conciseness-Save time 2. Space Language