Double Jeopardy Research Paper Example | Topics and Well Written Essays - 750 words

Double Jeopardy - Research Paper Example Double jeopardy is regarded as an abuse of process because the same person is brought to the court based on the same facts. The rule of double jeopardy has received dramatic attention in the past few areas and critics are constantly calling for upgrading the rule because of its failure as it is causing injustice in the society. A classic reason often quoted for advocating the rule of double jeopardy and is often cited in academic literature and law cases was made by Black J in the case of Green v United States (US Supreme Court 187). The idea behind the statement which he believed is ingrained in the mind of American system of jurisprudence is that the State should not be allowed to make multiple attempts to allege a charge to convict a person for an offence, thereby subjecting him into incur unnecessary expenses, making him disgraceful in the society, and it causes the individual to suffer from embarrassment & mental turmoil. This compels him to live a life full of anxiety and insecurity, and also increases the chances of the individual to be declared guilty even though he might be innocent. Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: â€Å"nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb† (AFA para. 3). ... Double jeopardy is recognized as a constitutional right in several countries. The fifth amendment of constitutions of United States of America states: â€Å"nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb† (AFA para. 3). In addition to that, it is also recognized in international laws. For instance, the Article 14 (7) of the International Covenant on Civil and Political Rights states that â€Å"No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country† (ICCPR 14). In United Kingdom, this principle is famously known as ‘Connelly principle’ after the case of Connelly v Director of Public Prosecutions as it was regarded as an abuse of process. Lord Pearce in this case stated that a man should not be tried for a second offence which is clearly inconsistent on the facts with either a previous conviction or acquittal. The court should apply judicial discretion under such circumstances as without such a process, injustice will prevail (Johns 3). In Australia, the High Court’s decision regarding R v Carroll triggered a reform about the rules of double jeopardy (Johns 7). The case was concerned with a murder of an infant girl named Deidre Kennedy in 1973, for which Raymond Carroll was prosecuted for the case by the court. The girl was strangled in Queensland and her body was found with bruises on left thigh which were identified by medical experts as marks of human teeth. Carroll defended himself by swearing an oath and claiming that at the time of murder he was attending a course at RAAF base in South Australia. The defendant

Story of an hour, Lady with the pet dog Essay Example | Topics and Well Written Essays - 500 words

Story of an hour, Lady with the pet dog - Essay Example I feel that Chopin does a very effective job with using descriptive words and putting the reader in the scene with the characters. She also allows the reader to see Mrs. Mallard’s emotions very well. At first she is sad and nearly sobbing and compares her to â€Å"as a child who has cried itself to sleep continues to sob in its dreams.† The reader then sees that she is dumbfounded and unable to think. Then after looking out the window at the sky she begins to feel free. As a reader, it was interesting to see her emotions very clearly and speculate how she really views her husband and their marriage. Perhaps in this story the author is conveying how she views marriage in general, or at least certain marriages. Chopin may view herself as someone who feels more free on her own and not â€Å"tied down† with what she sees as the burdens of marriage. It would be interesting to read more of her stories and find out if this is a theme that comes up often in her writing. The ending of the story is particularly interesting. Mrs. Mallard is obviously very shocked that her husband is still alive. Perhaps it was just plain shock that killed her or the fact that she felt shocked and then trapped and stressed out again.

Marketing case study Assignment Example | Topics and Well Written Essays - 2000 words

Marketing case study - Assignment Example There are numerous speculations suggesting that e-commerce is the best thing that ever happened, however, some scholars seem to differ with this statement (Microsoft Corporation, 1999). This paper will look at both sides of the situations and some of the e-commerce platforms that are available. Online Shopping It is one of the popular means of e-commerce across the globe. The sellers usually create an online storefront, which is equivalent to a retail shop. The buyers will then have to buy products by clicking on to the things they want (Langer, 2002). One of the pioneer online shops is Amazon.com. It is still one of the famous online destinations around the world. Electronic Payment It is vital for one to understand that goods that are usually bought online are usually paid for by online payment (Microsoft Corporation, 2000). They usually use payment gateways and payment processors. This method of payment has been referred to be convenient as the mailing and writing of checks has be en reduced or discarded (Meier & Stormer, 2009). It has also ensured that there is safety among payment where notes are usually involved. Online Auctions One of the famous online auctions is the eBay. The physical auctions are nowadays predated by the online auctions. However, the online auction targets a large market clientele of sellers and buyers (Langer, 2002). The online auction has been reported to usually give rise to ridiculous pricing of products. This has made them to have many customers as they find it interesting and challenging when compared to the regular storefront shopping. Internet Banking This practice has reduced the number of people congesting the banking halls as people can transact all the banking operation in their own comfort (Singleton, 2001). Online banks give room for wire transfer, exchange and buying of products through the Internet. Online ticketing This includes movie, train, air and sporting tickets, which are purchased online. The booking process mak es it easy for buyers as they will not scramble for them at the shops or at the gates of the event (Meier & Stormer, 2009). Many people hate the idea of queuing and this gives them the opportunity of avoiding it. The classification of e-commerce is based on the type of individuals participating in the process. The first type is known as the business to business type of transaction. This involves the parties that are organizations or businesses (Risdahl, 2007). They include traders, retailers and manufacturers. The other type is business to consumers. This type of transaction is available around businesses that normally sell their products online to the end users or consumers (Langer, 2002). Finally, the other type of e-commerce is referred to as consumer-to-consumer type of transaction. This idea has been adopted from the earliest means of trade of butter where people exchange goods for goods (Raisch, 2001). The process allows individuals to exchange properties that they do not want with those that they need online. Advantages of E-commerce The Internet has been realized to be a market that has booming business (Drapkin, Lowy & Marovitz, 2001). Technological advancements have made it easy for many people can access the Internet. This means that there is a lot of exposure and many people can now access to e-commerce activities (VanHoose, 2011). Individuals are striving to ascertain that they utilize the Internet in the conduction of their daily affairs. Therefore, this means that more people are exposed to

About Negativity Essay Example for Free

About Negativity Essay And you stare at it happen, as it happens right in front of you, and say no. Just, no. It cant work out like this. Its not supposed to end like this. In what kind of fucked up story does the bad guy win? In what kind of story does the victim end up in disbelief that she never got the justice she deserved. Thats when you realize youre the villain. But no, the other persons not innocent either, theyre the villain too. Theyre worse than you, but youre still the villain, because you let it get this way. Everythings your fault. And you hate everyone. And you hate yourself. And you hate everything. And your so filled with hate that you just want to end it all. And then you realize that if you do that, youll be hated even more, and that realization makes you hate them more, and theres just so much fucking hate and no way to end it. And that hate turns into sorrow and confusion and pointlessness, and its endless really. And its as blunt as I just put it because theres no other way to express yourself lyrically when youre that upset. And in all the hate you feel homicidal, suicidal, maniac, and repulsive. And theres no way out. See more: Examples of satire in adventures of huckfinn essay And theres no one to help you, because youre too embarrassed to share these repulsive feelings with anyone but yourself. And youre your only companion, but it doesnt matter because youre used to it being that way. And youre shaking, shivering, bawling in your loneliness, not feeling sorry for yourself like your accused of but hating yourself. No. It cant be like this, the villain doesnt feel this way. But the victim doesnt hate this way. And you find the devils in your thoughts, and youre nothing but a victim of yourself. And the cycle of hatred it starts again.

The Effect of the Russian Orthodox Religion Essay Example for Free

The Effect of the Russian Orthodox Religion Essay Orthodox Christianity has had an immense effect on the culture of Russia. The adoption of the Orthodox faith from Constantinople by Prince Vladimir in 988 introduced cultural influences that profoundly affected the Russian consciousness. As the people embraced Orthodoxy it developed a uniquely Russian flavor and rooted deep in the fertile Russian soul. Orthodoxy had a major impact on politics, art, and nearly every other aspect of Russias culture. Orthodoxy helped forge Russias world view and defined her place in the world. The church affected the thought patterns and motivations of a whole culture and changed the way Russians thought about themselves and the ways that they lived their lives. The church acted as a unifying factor for the Russian nation. Church holidays and fasts enriched and brought meaning to the cycle of seasons and sowing in the subsistence society. Russians possessed a deep religious faith and from it they derived a sense of purpose in the universe and the promise of salvation. The church nourished and preserved the culture of Russia during centuries of internal strife and foreign intervention. Orthodox people feel a strong sense of community and brotherhood towards one another through a shared bond of faith. As a result of this emphasis on community, the rights of the group tend to take precedence over the rights of the individual in Russian culture. The Orthodox and Catholic faiths had an adversarial relationship for years. As this rift deepened and grew increasingly antagonistic, the rift between the East and the West also grew. The difference in religion between Russia and Europe can largely explain the vast differences that developed in their cul tures. The Tsar of All Russia derived his power and right to rule from his status as Gods chosen representative on earth. As it is God alone who bestowed power on the tsar, it was in the best interest of the monarchy to protect and promote the church. This conception of the tsar possessing a divine right to rule contributed to the political passivity of the Russian people. In the Byzantium tradition the concept of symphonia defined the relationship between the church and the state and acted as a balance on the unlimited power of the tsar. As the head of the church and the head of the state, the metropolitan and the tsar were equals and the metropolitan had the right to  censure the tsar. The dispute between the Possessors and the Non-Possessors challenged the idea of symphonia, or harmony and cooperation between the pillars of society. The Possessors and the Non-Possessors held vastly different ideas about the role the church should play in society and politics. When the philosophy of the Possessors triumphed, the church gained the right to wealth and serfs at the expense of political influence. The tsar became superior to the metropolitan, and the regime could now interfere in secular matters of the church. The release of the tsar from any source of accountability left the tsar with absolute, unlimited power. The abuses of Ivan the Terrible typify the danger of absolute rule left unchecked. The Russian people actually believed that God had sent Ivan to rule Russia as a punishment for her sins. The split between the two factions caused the losers, the Non-Possessors, to be reviled as heretics. This had a negative effect because the church came to be represented by a faction instead of through a consensus. This led to only one set of ideas being developed in the church and the culture and as a result it lost some of its vitality. The Possessors made ritual sacrosanct. Every gesture, word, and movement was significant and to deviate from the service in any way would be heresy. This emphasis in the exterior form of religion over inner exultation paved the way for another conflict that was to seriously undermine the power of the church. The third Rome theory was formulated by the monk Philotheus in the fifteenth century. He asserted that Russia was the heir and protector of the only true faith. Rome and Constantinople had both fallen and Moscow was the third and final seat of Orthodoxy. This theory legitimized the Russian Orthodoxys power and affirmed that she was no longer dependent on Constantinople. A church schism occurred in the seventeenth century due to changes in ritual implemented by the Patriarch Nikon. His attempts to rectify inconsistencies in the rituals of the Greeks and the Russians were merely to establish greater solidarity and continuity between the two faiths. Russia was trying to help the Greeks who were living under Turkish rule since 1439. Russia had a sense of manifest destiny and she felt that she had been chosen to defend the Eastern Orthodox peoples. The belief that ritual must be sacrosanct caused the alteration of ritual to be considered heretical. Those who  refused to change their rhythms of worship were called Old Believers and they were executed and silenced by the authorities. The Old Believers insisted on following the old forms because they feared committing heresy. The way they saw the situation was that Rome had fallen because of heresy. Moscow was the last seat of Orthodoxy and if Russia fell from the grace of God, it would mean the end of the world. The basic issue in the schism was the relationship between the Russian and Orthodox churches. Some felt that since Russia had adopted Orthodoxy from Byzantium she should remain a junior partner. Others felt that it was Russias destiny to be a leader and to free her Eastern brethren. The Orthodox relegion has been essential to the people to bring them a sense of hope and destiny and a glimpse of heaven on earth. The choice of Orthodoxy was as influential as the Mongul Yoke on the formation of the Russian character. Orthodoxy brought the people a lot of joy, created a sense of community, intensified the countries isolation, created beautiful art, started wars, complicated politics, and best of all, reminded the people to love each other.

Social Work Partnership Management Case Study

Social Work Partnership Management Case Study Examine the case study above and analyze the potential conflicts in values  between the school, parent and the police. On the basis of your professional value base what could you suggest as a social worker to help and support Allen, his father and the school. Allen, who is 15 years old, has a special needs statement for learning and  behavioural difficulties and attends a referral unit (a special school with  smaller class sizes and varied learning experiences) to meet these needs. Recently Allen has stopped attending the unit, complaining of boredom, bullying  and lack of teachers support to stop the bullying. Added to the concerns Allen  has also been arrested on a couple of occasions from shoplifting, during school  time, with others from the same referral unit. Alans father, Peter, is concerned about him not going to the referral unit, but  has not been into school to sort things out. He tells you (The Social Worker) he  does not believe Alans story about the bullying but at the same time he does  not appear to have done anything to challenge Allens absence. The head teacher from Allens referral unit is clear in saying there is no  bullying. He is keen for the education Department to prosecute Peter for failing  to get Allen to attend school. What Specific Elements of the GSCC Code of Practice and Social Work Values  Are Relevant and Comment on How This Can Help in Applying the Law and Good  Practice. How notions of human rights, utilitarian and Kantian Philosophies Might Apply  to this Situation. How anti discriminatory practice can inform your working with the situation. Protect the rights and The power that young people have in relation to school/social work agency and  how other viewpoints can be balanced alongside the wishes and feelings of the  young person. Initial Assessment Allen is 15 years old and currently displaying behavioral difficulties in school. He attends a referral unit, which is designed to attend to the needs of children with special needs such as Allen. He is also presenting with anti-social behaviors in that he was caught committing theft. This occurred during school hours. Additionally, Allen allegedly told mistruths about being bullied by other students, thus his reason for leaving school. It appears that the school is reaching out to Peter, Allen’s father, with no success. Peter has not been to the school to address Allen’s current behaviors. Foremost, it is important to reflect on the differences in views and values caused by the current situation to better understand the complexities within it. Firstly, the school may not be able to provide additional services without parental consent and collaboration. Therefore, the school is limited in what services can be put in place. Additionally, school personnel may desire that discipline be applied at school and home in a consistent manner, which requires school involvement by parents. Another concern for the school is whether it can safely contain a child who is displaying high-risk behaviors. Although the school is required to work with Allen on his behavioral issues, the school’s resources are limited to children who are able to defray from harmful situations. In the case of this particular child, the school may not have appropriate staff that can provide additional safety and security so that Alan does not hurt himself within school property. There is also the chance that he may attempt to leave the school premises as he has done in the past. Without parental support and possible lack of services to contain Allen, the school may be concerned about liability. Eventually, if he becomes involved in a situation that is either harmful to himself or others, the school may opt to recommend he attend a lock-down facility. Peter, on the other hand, may feel that school should be equipped to handle Allen’s behaviors, especially being that it is a school for children with special needs. Peter may be a single parent and/or have a very demanding job, which may make it difficult for him to attend school meetings. Despite these obstacles however, he is Allen’s legal guardian and is ultimately responsible for providing him with an appropriate educational environment. This entails collaborating with the school. His lack of presence in the school is a display that he is not adequately providing for Allen’s educational needs. Police is obligated to keep Allen safe and at the same time required to enforce the law. Police is also the neutral force amidst the school system and Allen’s father. However, if Allen continues to break the law, the police department will be in the position to support the school’s recommendation for a more restrictive environment. Although it is sometimes difficult for collaterals in a child’s life to work cohesively to provide the best level of care possible, it is all involved adults’ legal and ethical responsibility to do so. Therefore, while working with Allen, Peter and school staff should keep in mind that Allen is protected by stringent laws pertaining to children with disabilities. For instance, in my work with Allen, I must keep in mind the General Social Care Council Code of Practice and Social Work Values that specify the level of care participants such as Allen should be receiving. According to social work practice, I should remember the important principles set forth in this code. First, I should promote Allen’s interests. To do so, I must prove to Allen that I am invested in his well-being and in alliance with him. I should also strive to develop and maintain a relationship of trust and confidence with Allen. Otherwise, he will not be willing to work with me. I am also respon sible for promoting Allen’s independence while also ensuring that he is not vulnerable to harmful situations, harmful to himself or to someone else. I am also compelled to respect Allen’s rights at all times. Following these guidelines ensures that I am adhering to legal and good practice standards.*********** Similarly, the school should also adhere to guidelines regarding how Allen is treated within the school environment. School staff should pay particular attention to laws set forth for children with disabilities. Due to Allen’s behavioral disability, the school cannot expel him, but rather should work with him in an attempt to resolve any concerns. Allen’s father, Peter, is also responsible for Allen’s care and well-being. Peter is bound by child protection and welfare laws, which include specifications regarding parents’ responsibility to provide children with the appropriate educational opportunities. The fact that Peter is unable or unwilling to attend the school to address Allen’s behavioral and truancy issues can constitute as neglect due to the severity of Allen’s behaviors. In addition, Allen is engaging in high-risk behaviors which are potentially putting him in harm’s way while truant. This causes concern of liability by both the caregiver and the school. Clinical Recommendations Fortunately, Allen is protected by child laws which state that he cannot be expelled from school due to his behavior. This law was created specifically for children who suffer from learning disabilities ()********. They acknowledge this and many times use this, very rightfully, to their advantage. For instance, Allen may be well aware that he will not be expelled for the current behaviors he is displaying. Additionally, he appears to be manipulating the situation by falsely stating that he is being bullied. In spite of his acting out, however, Allen has the right to be treated fairly. Thus, the bullying should be investigated despite Peter and the head teacher’s feeling that it is not occurring. Additionally, appropriate services for educational and emotional advancement should be implemented, according to the guidelines specified by the Special Education Needs Code of Practice (2001). It appears that Allen has been acting out behaviorally for some time. It is important to investigate what it is that is causing him to manifest his feelings through negative behaviors. It is vital that Allen begin to see an individual therapist so that he may have a safe environment to discuss his current stressors. I am a licensed Social Worker and would like to work with Allen on a weekly basis. Currently, Allen is socializing with others who are also engaging in the self-damaging behaviors. He is in need of a positive support system. Peter is also in need of supportive services. I will refer Peter to a support group for children with learning and behavioral issues so that he may understand that other families also deal with similar struggles. If Allen is willing to attend, it may benefit him to view other children’s perspectives on their attitudes toward their educational and emotional difficulties (Social Care Institute for Excellence Research briefing 14). Peter may not be cognizant of the severity of Allen’s behavior, which may be the reason he is not willing to collaborate with the school. It may be useful to provide outreach support by sharing pamphlets, making phone calls to the home and providing Internet resources so that Peter may be educated properly regarding Allen’s current needs. It is unsure whether Peter has a strong support system on which he is able to rely. It would be fruitful to explore family and friends that could assist him in caring for Allen when Peter is feeling overwhelmed. The school may also benefit from social work services. Teachers and staff that work with Allen may need to discuss their struggles with someone who could provide clinically sound feedback. I recommend that personnel meet with me and the school psychologist once a week to discuss Allen’s behaviors and help teachers think through effective methods of intervention. Further, teachers may benefit from collaborating with each other and discussing methods of providing consistency for Allen throughout his school day. A mentoring program may also be valuable to Allen. A program that provides Allen with a mentor who is a little older and more mature may assist Allen in understanding perspectives other than his own. In the most ideal situation, Allen should be provided with a mentor who is just slightly older than he, so that Allen can confide in someone who understands his adolescent culture; yet is also a resource who could model positive, responsible behavior. References http://society.guardian.co.uk/scperformance/story/0,11025,629574,00.html Code of Practice for Social Care Workers and Code of Practice for Employers of Social Care Workers. GSCC Code of Practice General Social Care Council Goldings House 2 Hay’s Lane London SE1 2HB 020 7397 5100www.gscc.org.uk Special Education Needs Code of Practice (2001). The Education Act, 1996. Banks (2004) Ethics, Accountability and the Social Professions. Becket and Maynard (2005) Values and Ethics in Social Work. Clark (2000) Social Work Ethics. Hugman and Smith (1995) Ethical Issues in Social Work. Jordan, B (1990) Social Work in an Unjust Society. Payne and Littlechild (ed., 2000) Ethical Practice and the Abuse of Power in  Social Responsibility. Shardow, S.M. (2002) Values and Ethics in Social Work. Spratt, T. Callan, J. (2004) Interventions in Child Welfare Cases. British Journal of Social Work, 34(2), 199-224. SCIE Research briefing 14: Helping parents with learning disabilities in their role as parents

Social Conflicts in Mark Twains The Adventures of Huckleberry Finn :: Adventures Huckleberry Huck Finn Essays

Huckleberry Finn – Social Conflicts    Mark Twain was known as a humorist and in fact, humor was a tool he used to strengthen his points about what he saw as the major problems of the day.   Living at the time of the Civil War, he clearly saw and chose to address such problems as slavery, child abuse, religion and feuds.   In Huckleberry Finn, Mark Twain expresses his loathing for some of these serious social problems and yet in general, he never loses his humorous touch.   Nonetheless, when he deals with the ills of society that particularly anger him, he chooses not to use humor; rather this is reserved for other areas of his work.    One of the social problems that Mark Twain addresses in Huckleberry Finn is child abuse.   Huck is abused by Pap many times during the book and is even locked into a cabin by Pap.   Pap also tries to steal Huck's six thousand dollars, and beats Huck frequently, which results in Huck running away.   Pap puts down the idea of Huck getting an education.  Ã‚   Twain does use humor in his descriptions of some of the interactions between Pap and Huck.   For example, the scene when Pap agrees to reform and stop drinking, but ends up getting drunk and falling over is actually funny, but tells us a lot about Pap's character.   Twain generally found the kind of behavior he described through the character of Pap to be disgusting, and by painting a humorous picture of the situation he emphasized his dislike of it.   The humor perhaps made Pap seem even less sympathetic.    Another social problem that Mark Twain addresses in the book is slavery and treatment of black people in general.   Jim, who is a black slave, is treated like a piece of property.   For example, he is forced to practice Christianity, which actually seems to be the opposite of Christian values.   Jim is also forcefully separated from his family and has no legal recourse to get them back.   Jim is very superstitious, and Huck, who knows this, puts a dead snake, (representing bad luck) at the bottom of Jim's bed and Jim gets bitten.   Even Huck, at this point in the book, threats Jim as less than human.