Saturday, May 23, 2020
On April 20th, 1999, the deadliest mass murder ever committed on an American high school campus took place. Two senior students of Columbine High School, armed with four automatic guns, killed 13 innocent people and injured 24, all due to the unrestrictive gun laws in the US (Ã¢â¬Å"WhereÃ¢â¬â¢d They Get Their Guns?Ã¢â¬ ). The Columbine massacre is just one example of the many horrors that guns inflict upon U.S. society. Currently, over 31,000 US citizens die each year due to gun-inflicted wounds (Welcome to WISQARS). Many receive no media attention, but in those that do, the guns are usually obtained by unlawful means. More laws regulating the purchase and sale of guns should be increasingly implemented and strongly enforced throughout the USA in order to reduce the high incidence of gun violence caused by illegal gun trafficking and ownership. Gun rights supporters believe that the Second Amendment to the U.S. Constitution, which explicitly states Ã¢â¬Ëthe right of the people to keep and bear arms shall not be infringedÃ¢â¬â¢, does not allow any additional gun control acts to be passed, for they would then be unethical and unconstitutional (Ã¢â¬Å"The Bill of Rights: A Transcription.Ã¢â¬ ). In the 2008 District of Columbia vs Heller case, in an extremely close 5-4 decision, the court upheld their belief that the Second Amendment protects an individual right to possess a firearm (Ã¢â¬Å"Supreme Court Shoots Down D.C. Gun BanÃ¢â¬ ). The issue that needed to be resolved in this case was if the amendment protected anShow MoreRelated Mass School Shootings in the U.S. Essay2440 Words Ã |Ã 10 Pages1970 by a historian Richard Hofstadter, which describes AmericaÃ¢â¬â¢s heritage and affection for weapons(1). Not only did gun culture become an inseparable part of American democracy, but also it is considered to be synon ymous with independence and freedom, the most important values for American society. Even though the crime rate and murder rate in the U.S. is higher than in any other developed country, U.S. citizens oppose every attempt made to pass gun control legislation(2). However, it may soundRead MoreProject Mgmt296381 Words Ã |Ã 1186 Pagesproject managers orchestrate the complex network of relationships involving vendors, subcontractors, project team members, senior management, functional managers, and customers that affect project success? What factors contribute to the development of a high-performance project team? What project management system can be set Preface ix up to gain some measure of control? How do managers prepare for a new international project in a foreign culture? How does one pursue a career in project management
Monday, May 18, 2020
Sample details Pages: 25 Words: 7512 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Did you like this example? Pre-recorded video evidence in sexual assault and rape trials The use of pre-recorded video evidence in sexual assault and rape trials. Has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the due process rights of defendants charged with these crimes, in particular the right to properly test the evidence which has been admitted against them? Introduction: i. Background to the conflicting issues of this research In the title of this paper, it is conjectured that victims of sexual assault are usually the prime witnesses in prosecution proceedings for these types of crime. The reason for this is that most sexual assaults are perpetrated in private by someone already known to the victim. What is more, often there is no forensic evidence available and so victims of sexual assault are not only the prime witnesses in prosecution proceedings for these types of crime but, often, the only evidence that a crime has taken place at all . This can place real burden on sexual assault victims during the trial stage of the prosecution. For one thing, the victim must relive the traumatic events in question, by explaining them to the court, jury and defence barrister. Secondly, a common defence strategy is to undermine the credibility of the victim and to convince the Court either that no sexual contact occurred or that it was consensual. In the absence of forensic evidence, often it boils down to the victi ms word over that of the defendant and it is very difficult to resolve two conflicting accounts to the satisfaction of the criminal standard of proof required for a successful conviction. As the Office for Criminal Justice Reform writes, Ã¢â¬Å"Those victims whose cases do make it to court are faced with the intimidating prospect of having to recount traumatic and often intimate details, endure cross-examination and in some cases have information about their past sexual behaviour presented to the court as evidence against them. Ã¢â¬ In light of this, it is not surprising that (i) the rates of conviction for rape and sexual assault are so low (approx. 6% of all cases brought result in a successful prosecution ); and, (ii) a substantial number of victims of sexual assault or rape do not report their crimes to the police, either in a timely manner* or at all**, or choose to drop their claims when it transpires that they will have to testify as a prime witness in the prosecution a gainst their attacker . Research suggests that the drop-out rate is currently 33%. As the Office for Criminal Justice Reform writes, Ã¢â¬Å"Research has found that victims who declined to complete the initial investigative process and victim withdrawals accounted for over one-third of cases lost at the police stage. Key contributory factors were not being believed and fear of going through the criminal justice process. Ã¢â¬ *The chances of securing a successful prosecution against a rapist or sexual attacker decrease substantially as time passes and therefore anything that leads victims to delay reporting their crime to the Police has the consequential effect of reducing the rate of successful conviction. **This author does not purport to suggest that these are the only reasons why victims of sexual assault choose not to report their crimes to the Police; it is well documented that victims of sexual assault often feel shame and guilt for what has happened to them, as if the y are somehow to blame, and this is another major reason why such victims often prefer to keep their ordeals secret . Other factors include fear of retaliation and the distrust of the reactions of family and friends . While these barriers to timely reporting and successful prosecution cannot all be redressed by criminal justice reform, nevertheless, in light of the fact that some of these barriers emanate from fear of or lack of confidence in the court process itself, the law of criminal evidence can play an important role in mitigating some of these barriers; for example, by protecting these vulnerable witnesses and making the ordeal of trial less traumatic, the law of criminal evidence could, eventually, change victims perceptions of the trial process and make them less likely to allow their fears of that process to interfere with their decisions to report their sexual assaults. One reform proposal which is often discussed in this context is the use of pre-recorded video tes timony for victims of sexual assaults. The idea behind this proposal is that victims of such crimes are less likely to be afraid of the trial process if they know that they can record their testimony in advance and that they cannot be cross-examined by their attackers barristers (even if they are asked to respond to certain questions within their testimony). Such reforms have been implemented in the field of youth justice for some timeÃ¢â¬âfor example, there are various provisions under the Youth Justice and Criminal Evidence Act 1999 which allow for the use of video links to shield child victims of sexual or physical abuse from their attackersÃ¢â¬âbut are relatively new in the context of adult rape and sexual assault cases. While the use of video testimony is clearly beneficial to victims, prima facie it poses a real risk to the integrity of the due process rights of defendants charged with these crimes. Under the criminal justice system of England and Wales there is a pre sumption that all persons charged with a criminal offence are innocent of that offence until proven guilty . This is provided, inter alia, by Article 6(2) of the Human Rights Act 1998 which states that, Ã¢â¬Å"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Ã¢â¬ What is more, it is a human right of all persons charged with a criminal offence to be able to challenge effectively the accuracy of any evidence which is admitted against them. This is provided inter alia by Article 6(3) of the 1998 Act which states that, Ã¢â¬Å"Everyone charged with a criminal offence has the following minimum rights: (Ã¢â¬ ¦) (b) to have adequate time and facilities for the preparation of his defence; (Ã¢â¬ ¦) (d)to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against himÃ¢â¬ ¦ Ã¢â¬ In this present research paper, we are concer ned specifically with the question of whether or not the use of video testimony in sexual assault cases (involving both adult and child victims) unduly prejudices the right of criminal defendants to properly challenge the accuracy and reliability of evidence adduced against them. DonÃ¢â¬â¢t waste time! Our writers will create an original "Pre-recorded Video Evidence In Sexual Assault And Rape Trials" essay for you Create order ii. The aims and objectives of this research: The primary aim of this research is to evaluate the extent to which the law of criminal evidence has managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, on the one hand, and protecting the due process rights of defendants charged with these crimes, in particular the right to properly test the evidence which has been admitted against them, on the other? The secondary aim of this research is to derive recommendations for reform to the law of criminal evidence to effect a more appropriate balance between protecting the victims of sexual assault on the one hand, and protecting the due process rights of defendants charged with these crimes on the other. The objectives of this research paper are as follows: To identify the legal provisions which purport to allow the use of video evidence in sexual assault and rape trials; to identify the procedures which must be adhered to when ut ilizing this kind of evidence; to evaluate the likely impact of the use of video testimony on rates of reporting and successful prosecution; to examine the right of criminal defendants to test the evidence relied upon against them by the Crown Prosecution Service and to identify the extent to which it might be argued that this right is a qualified right under the law of England and Wales; to evaluate the extent to which the use of video evidence might prejudice the right of criminal defendants to test the evidence relied upon against them by the Crown Prosecution Service; to identify and critically evaluate the safeguards which exist currently to ensure that the use of video evidence is not permitted where its use would prejudice the ability of the defendant(s) in question to receive a fair trial; to evaluate whether or not an appropriate balance has been struck in practice between protecting the interests of victims through the use of video testimony on the one hand and preserving the interests of justice and the right of criminal defendants to test the evidence relied upon against them by the Crown Prosecution Service, on the other; to derive high level recommendations for reform to the way that the law currently permits the use of video evidence in sexual assault and rape trials. iii. The structure of this research paper. The structure of this paper takes the following form: In chapter one, this author traces the development of the use of video evidence in sexual assault and rape trials, identifies the legal provisions which regulate the use of such evidence and the procedures which must be followed when this type of evidence is relied upon by the Crown Prosecution Service and critically evaluates whether or not the use of video evidence is really likely to have any impact on rates of reporting and rates of successful prosecution of rapists and sexual offenders. In chapter two, this author traces the development of the right of criminal defendants to a fair trial, generally, and, specifically, their right to test the evidence adduced against them, identifies the legal provisions which give rise to these rights and evaluates the nature of those rights (i.e. whether they are absolute rights or qualified rights) and evaluates the extent to which the use of video evidence might prejudice the right of criminal defendants to test the evidence relied upon against them by the Crown Prosecution Service, and the circumstances under which that prejudice is likely to be the greatest. In chapter three, this author identifies and critically evaluates the safeguards which exist currently to ensure that the use of video evidence is not permitted where its use would prejudice the ability of the defendants to receive a fair trial and evaluates whether or not, in practice, the law has managed to strike an appropriate balance between protecting the interests of victims through the use of video testimony on the one hand and preserving the interests of justice and the right of criminal defendants to test the evidence relied upon against them by the Crown Prosecution Service, on the other. Also, in this chapter, this author derives high level recommendations for reform to the way that the law currently permits the use of video evidence in sexual assault and rape trials. Finally, this author presents his conclusions to this research. 1. Using video evidence in sexual assault and rape trials; is it likely to have a positive impact on rates of reporting and rates of successful prosecution of rapists and sexual offenders? As noted in the introduction of this paper, it has been argued in the academic literature that a significant barrier to the timely reporting of sexual offences (and also one of the reasons why the drop-out rateÃ¢â¬âi.e. the number of victims choosing to withdraw their claims before the conclusion of the trialÃ¢â¬âis so high ) are common victim perceptions that if they report their assault they will be subjected to a traumatic trial process in which their account of events will be cross-examined by their perpetrators legal representatives and their character will be called into question . The use of pre-recorded video testimony is designed to mitigate these barriers (ultimately) to prosecution by protecting these vulnerable witnesses and making the ordeal of trial less traumatic for them. Over time, it has been conjectured, victims perceptions of the trial process will change and they will be less afraid of the trial process and more willing to report their sexual assaults when they occur. Currently, there are two video-based special measures for vulnerable victims . These are provided by the Youth Justice and Criminal Evidence Act 1999. The first is where the victim is permitted to present his or her evidence-in-chief in the form of a video statement rather than in person. This is provided by section 27(1) of the Youth Justice and Criminal Evidence Act 1999 which states that, Ã¢â¬Å"A special measures direction may provide for a video recording of an interview of the witness to be admitted as evidence in chief of the witness. Ã¢â¬ Section 27(4) of the 1999 Act however makes it clear that dispensation to use this special measure will only be granted where the court is satisfied that the witness in question will be made available for cross-examination (whether that be cross-examination in person or via a Ã¢â¬Ëspecial measure alternative equivalent): Ã¢â¬Å"Where a special measures direction provides for a recording to be admitted under this section, the court may nevertheless subsequently direct that it is not to be so admitted ifÃ¢â¬â (a) it appears to the court thatÃ¢â¬â (i) the witness will not be available for cross-examination (whether conducted in the ordinary way or in accordance with any such direction), and (ii) the parties to the proceedings have not agreed that there is no need for the witness to be so available; or (b) any rules of court requiring disclosure of the circumstances in which the recording was made have not been complied with to the satisfaction of the court. Ã¢â¬ The intention behind this provision was to ensure that criminal defendants accused of crimes against vulnerable victims were not unduly prejudiced by the existence of this special measure; if the court and jury watched a video statement from a victim explaining how they witnessed the defendant commit a criminal offence, that defendant would be grossly prejudiced if he did not have an opportunity to challenge any aspects of the video statement in question. The second type of video-based special measure provided under the Youth Justice and Criminal Evidence Act 1999 is where the cross-examination and re-examination of a witnesss testimony by the defences legal team is pre-recorded rather than conducted live in the courtroom, in front of the defendant. This is provided by section 28(1)(b) of the Youth Justice and Criminal Evidence Act 1999: Ã¢â¬Å"Where a special measures direction provides for a video recording to be admittedÃ¢â¬ ¦ as evidence in chief of the witness, the direction may also provideÃ¢â¬â (a) for any cross-examination of the witness, and any re-examination, to be recorded by means of a video recording; and (b) for such a recording to be admitted, so far as it relates to any such cross-examination or re-examination, as evidence of the witness under cross-examination or on re-examination, as the case may be. Ã¢â¬ To ensure that this special measure does not dilute the defences abi lity to cross-examine or re-examine a witness, the 1999 Act provides that the court and the defences legal representatives must be able to see and hear the live recording session and be able to communicate directly with the persons in the room. The Act also provides that the defendant should be able to see and hear the examination and that he or she should be able to communicate with his or her legal representatives throughout the process: Ã¢â¬Å"Such a recording must be made in the presence of such persons as rules of court or the direction may provide and in the absence of the accused, but in circumstances in whichÃ¢â¬â (a) the judge or justices (or both) and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the persons in whose presence the recording is being made, and (b) the accused is able to see and hear any such examination and to communicate with any legal representative acting for him. Ã¢â¬ If a court has granted the use of this special measure then it is imperative that the defences legal representatives ask the child witness all of the questions, the answers of which they plan to later rely on in court as they will not be entitled to put any new questions to the witness on completion of this recording session unless any new matters come to light which the defendant or his legal team could not have been expected to have discovered previously with reasonable diligence . These special measures are available to adult victims of sexual assault or rape by default. However, it is up to each witness to decide whether or not they wish to take advantage of one or both of these measures. This presumption of vulnerability is provided by section 17(4) of the 1999 Act which states that, Ã¢â¬Å"Where the complainant in respect of a sexual offence is a witness in proceedings relating to that offence (or to that offence and any other offences), the witness is eligible for assi stance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness wish not to be so eligible by virtue of this subsection. Ã¢â¬ By virtue of section 16(1) of the 1999 Act, these measures are also available to child witnesses aged sixteen or less: Ã¢â¬Å"For the purposes of this Chapter a witness in criminal proceedings (other than the accused) is eligible for assistance by virtue of this section (Ã¢â¬ ¦) if under the age of 17 at the time of the hearingÃ¢â¬ ¦ Ã¢â¬ For child witnesses, not only is there a presumption that their testimony will be given via video but this is nearly mandatory. As Burton, Evans and Sanders explain, Ã¢â¬Å"For child witnesses in need of special protection (defined by section 21 of the YJCE Act) the provision of video evidence-in-chief or live television links is near mandatory, and it is not necessary to demonstrate that they would improve the quality of the witnesss evidence. Ã¢â¬ Leaving aside any discussion of the potential prejudicial impact that these special measures can have on defendants ability to defence a claim of sexual assault or rape of a minor or adultÃ¢â¬âa discussion which will be reserved for the following chapter of this paperÃ¢â¬âthe first question which, in the opinion of this author, must be asked, is whether or not these special measures actually mitigate the barriers to effective testimony identified previously in this paper. It will be recalled that one such barrier was the victims fear of cross-examination and being made to feel like the one to blame for the ordeal . And yet, while the second of the two special measures discussed above does allow the cross-examination to take place in a venue other than a court of law, in all other respects a video cross-examination is equivalent to a live court-based cross-examination. As the Crown Prosecution Service explains, in its Ã¢â¬ËCPS Policy for Prosecuting Cases of Rape, Ã¢â¬ Å"Giving evidence in court can be a particularly traumatic experience for victims of rape. In particular, some victims may find it difficult to give evidence in the sight of the defendant. If this is so, we can apply to the court for the victim to give evidence in another way so that he or she can give their best evidence. These alternative ways of giving evidence are known as Ã¢â¬Ëspecial measuresÃ¢â¬ ¦ [While] the victim or witness will not have to give Ã¢â¬Ëlive evidence about what happened to themÃ¢â¬ ¦ they will still have to answer questions put to them by the defendants lawyer in crossexamination. Ã¢â¬ (emphasis added) Therefore, while this special measure might make it more comfortable for a vulnerable or intimidated witness, it is not entirely clear, at least in theory, how it purports to mitigate the victims fear of cross-examination itself. This is a point raised by Childs and Ellison, who argue that the efficacy of these special measures are undermined by the fact that the process remains an adversarial one, even though it is pre-recorded and conducted in a venue other than a court of law: Ã¢â¬Å"There is also a riskÃ¢â¬ ¦ that a commitment to traditional adversarial values and methods may yet limit the impact of reforms. Ã¢â¬ Another barrier that was identified previously was the victims fear of being in contact with the defendant. While pre-recorded video evidence certainly allows a vulnerable witness to give their testimony and responses (to cross- or re-examination) without having to be in the same room as the defendant, as noted previously the defendant is allowed to listen into the recording session and therefore it is not entirely clear how the victim receives any benefits from these special measures whatsoever, other than those which they would be able to enjoy anyway through the use of screens or live links pursuant to sections 23, 24 or 25 of the Youth Justice and Criminal Evidence Act 1999 . Another criticism which has been raised, especially in respect of the use of pre-recorded video cross-examination, is that, historically, these measures have not often been made available to victims of sexual offences, the Courts preferring to rely upon live testimony, whether given orally in court or via a live video link (via the special measures provided by sections 23 and 24 of the Youth Justice and Criminal Evidence Act 1999. As Childs and Ellison argue, writing in 2000, Ã¢â¬Å"While the special measures contained in the YJCEA 1999 are to be welcomed, the protection they afford rape complainants has, disappointingly, been constrained by a continuing attachment to the primacy of oral evidenceÃ¢â¬ ¦ Adult rape complainants are to benefit from the availability of screens and CCTV but they are to be denied the protection inherent in the use of video-recorded evidence. Generally, adult rape complainants will still be required to give live oral evidence in criminal proceedings, albeit via a TV link. Ã¢â¬ Another criticism which has been levied against the use of these video-based special measures is that somehow a victims testimony is diluted by the fact that the jury is unable to see the witness in a live environment. As Burton et al note, Ã¢â¬Å"Some practitioners had reservations about televised evidence because they thought it was less convincing than Ã¢â¬Ëlive evidence. Ã¢â¬ While this argument has real intuitive appeal, in reality there is very little evidence to support this view. As Burton et al conclude, Ã¢â¬Å"There is no research evidence to indicate that acquittals are more likely using these methods, however. Ã¢â¬ This is something that will be discussed in more detail in the following section of this paper. In conclusion to this chapter, while this author cannot comment upon the general advantages or disadvantages of video-based special measures in cases of rape or sexual assault*, he is not wholly convinced that they manage to discharge the barriers which are faced by rape and sexual assault victims and therefore is not convinced that their use is having the effect of increasing rates or reporting and conviction for these types of offence. Victims still have to undergo a adversarial style cross-examination, which has been reported to be the most daunting prospect of a rape trial for rape victims, and even though this might be conducted in a venue outside of the courtroom, the rape victim nevertheless has to respond directly to questions from the defendants legal representatives while knowing that the defendant is listening into the recording session and able to communicate with their lawyers throughout. In light of this, the pre-recorded video measures provided by the Youth Justice and Criminal Evidence Act 1999 is unlikely to alleviate victim perceptions that if they report their assault they will be subjected to a traumatic trial process in which their account of events will be cross-examined by their perpetrators legal r epresentatives and their character will be called into question. In any event, it appears that these measures, particularly pre-recorded video cross-examinations, are rarely used with adult victims, the Courts preferring to grant other special measures to these vulnerable witnesses such as screening or live CCTV links. * In this chapter this author has been concerned only with the extent to which video-based special measures are able to help vulnerable victims overcome the barriers which are reported to be responsible for under-reporting and low overall conviction rates. These measures may well have benefits other than overcoming these barriers, but these are not of relevance to this present research paper. Therefore, one should be cautious not to use the conclusions of this paper to support an argument that video-based special measures should not be used; all that can be said is that they are not apparently very effective at meeting their direct intended objectives. 2. The right of criminal defendants to a fair trial and to test the evidence adduced against them; are these rights prejudiced by the use of video evidence and under what circumstances, in particular? As noted in the introduction to this paper, Article 6(3) of the 1998 Act provides that any person charged with a criminal defence has the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him . The question which falls for determination in this chapter is whether or not this right is unduly prejudiced by the use of the two video-based special measures identified and analysed in the previous section of this paper. While it is the case that these special measures are not used in every case of adult rape or sexual assault, in this chapter we are concerned with the potential for prejudice when either or both of these measures are employed. In other words, the fact that these special measures, particularly pre-recorded video cross-examination, are rarely used in adult cases will not (and should not ever) be cited as a defence to any claims of prejudice which ar e levied towards them. The first thing to do is to evaluate what kind of right is created by Article 6(3)(d) of the Human Rights Act 1998; if this right is an absolute right then it would never be appropriate to derogate from it in the interests of protecting vulnerable witnesses . However, if the right is a qualified right, then it might be legitimate, where the circumstances dictate, to derogate wholly or partially from that right to serve a competing but legitimate interest . If one relied upon the wording of Article 6 of the Human Rights Act 1998 then one would be forced to conclude that Article 6(3)(d) is an absolute right as it states unequivocally that all persons charged with a criminal offence are entitled to enjoy this right, which grants upon them an Ã¢â¬Ëequality of arms and the tool required to be able to clear themselves of the charges brought; namely, the right to cross-examination . This interpretation seems to be in line with the Strasbourg jurisprudence . However, there is good common law authority for the proposition that this right is a qualified right and also for the proposition that, under certain circumstances, it is appropriate to derogate from this right in the interests of protecting vulnerable witnesses. For example, in the recent case of Bonhoeffer, R (on the application of) v General Medical Council  EWHC 1585 the Court allowed a key witness to admit his evidence in written form only, which precluded cross-examination, on the basis that the witness would face persecution back in Kenya, where he lived, if he appeared as a witness and admitted to being a homosexual. In this case, the Court accepted that the defendants right to cross-examination under Article 6(3) of the Human Rights Act 1998 had been derogated from; however, the Court justified this derogation using a utilitarian (least harmful path) justification. A similar justification was employed in the case of R v Xhabri  *. *Some authors have argued that this interpretation of Article 6 is at odds with the wording of the 1998 Act and while this present author agreed with that thesis, this is not the time or the place to engage with this subsidiary debate. For our present purposes, all that matters is that it is settled law that Article 6(3)(d) is a qualified right and not an absolute standard. Therefore, we must conclude that the right to cross-examine is a qualified right and, consequently, that the potential for video-based special measures to cause an infringement of a defendants right to cross-examine is limited; after all, it cannot be said to be an infringement of a right if that derogation can be legitimized through legal authority. In any event, it is not entirely clear that the use of video-based evidence is always likely to be prejudicial to defendants. For one thing, as argued in the previous chapter of this paper, these special measures do not substantially affect the cross-examination process, and therefore i t is not straightforward to contend that a defendants right to cross-examine is affected, let alone limited, by the employment of pre-recorded video cross examination. What is more, there is no evidence to suggest that a conviction is more likely to result from the use of video-based special measures. In their experimental study entitled, Ã¢â¬ËThe impact of pre-recorded video and closed circuit television testimony by adult sexual assault complainants on jury decision-making, Taylor and Joudo found that juries were not more likely to convict defendants charged with rape or sexual assault when the victims testimony was presented as a pre-recorded video, than they were when it was presented face-to-face or via a live link CCTV . This study had a strong methodology: the researchers conducted 18 mock trials using a total of 210 jurors. In one third of the trials, the jurors heard the victims evidence live, face-to face; in one third of the trials, the jurors heard the victims evide nce live, via a live link CCTV system; and, in the remaining third of the trials, the jurors heard the victims evidence from a pre-recorded video. After the trials, the researchers undertook perception and attitude surveys via a questionnaire. This sought to measure a range of attitudes and perceptions including the degree to which the jurors felt they were able to empathize with the victim and whether or not they thought the accused was guilty of the crime. The conclusion of this study was that the mode of transmission of victim testimony had no statistically significant impact upon juror perceptions: Ã¢â¬Å"The study finds, overall, that immediately following the trial but before jury deliberation, mode of presentation of testimony (face-to-face, CCTV or pre-recorded videotape) did not impact differentially on juror perceptions of the complainant or the accused, or guilt of the accused. Ã¢â¬ While the methodology of this research study was generally sound, there is anecdotal evidence to support the view that real victims come across better on pre-recorded video than they do live. As the Office of Criminal Justice Reform reports, Ã¢â¬Å"In one case the video was not used as it required substantial editing to remove inadmissible evidence. However, prosecution counsel later commented that they wished in hindsight that the video had been used, as the victim was not as good live as on the recording. Ã¢â¬ While one might argue that such evidence is of limited use, in the opinion of this author if Taylor and Joudos study was repeated using real rape victims in real rape trials then it is highly likely that the mode of presentation of testimony would impact differentially on juror perceptions of the complainant; after all, they are likely to feel more comfortable giving testimony about their horrific ordeal in a video recording studio than they would be giving that same testimony live, in a court of law, with twelve jurors, a judge and several lawyers all l ooking at them. Further research needs to be conducted to test these claims empirically. If nothing else, the pre-recorded testimony would likely have been recorded closer to the actual events with which the defendant has been charged and therefore the witnesss memory of events should be fresher and more compelling. As the Office for Criminal Justice Reform concedes, Ã¢â¬Å"Enabling the jury to see and hear a rape victim being interviewed at the time of the complaint by means of a video recorded statement used as evidence in chief will usually provide more compelling and coherent evidence than evidence given in court several months later. Ã¢â¬ If the above conclusions are correct, then one might argue that rather than prejudicing defendants, all these measures are doing is ensuring that jurors more information on which to base their decisions. In light of the fact that the jurors are asked to presume innocence and derive guilt from lack of reasonable doubt, it follows that the provision of extra information will result in a greater number of successful convictions over time. However, it should also result in an increase in the accuracy of jurors verdicts and therefore it is more likely to adversely affect defendants who are guilty of the crimes with which they have been charged than it is defendants who are, in fact, innocent. In conclusion, it must be argued that, in the vast majority of cases, the use of video-based special measures will not significantly affect defendants rights to cross-examine under Article 6(3)(d) of the Human Rights Act 1998. However, each case should be approached on an ad hoc basis and where there is a conflict in a given case, the interests of the defendant should be weighed up against the interests of the victim and a decision reached as to the appropriateness of employing video-based special measures in that case. In the following and final chapter of this paper, this author will briefly evaluate the safeguards that are in place to ensure that the Courts approach this balancing act appropriately. 3. Evaluating the safeguards which are in place to prevent video evidence from being used when it would be contrary to the interests of justice for it to be so used; does the law currently strike the correct balance between protecting the victims of sexual assault on the one hand, and protecting the due process rights of defendants charged with these crimes on the other? The Youth Justice and Criminal Evidence Act 1999 makes it clear that video evidence should not be admitted as evidence-in-chief if to do so would cause prejudice to the accused disproportionate to the legitimate aim of protecting the witness. This is provided by section 27(3) of the Youth Justice and Criminal Evidence Act 1999, which states that, Ã¢â¬Å"In consideringÃ¢â¬ ¦ whether any part of a recording should not be admitted under this section, the court must consider whether any prejudice to the accused which might result fr om that part being so admitted is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview. Ã¢â¬ What is notable about the wording of this provision is how wide a judicial discretion it confers on the courts to override legitimate prejudice concerns; while it does point to the need for a proportionality assessment of some sort, it seems to suggest that this is just one of the factors that the court should take into account when making its decision whether or not to allow video evidence-in-chief to be admitted. This discretion is restricted marginally by section 27(2) of the 1999 Act which provides that, Ã¢â¬Å"A special measures direction may, however, not provide for a video recording, or a part of such a recording, to be admitted under this section if the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording, or that part of it, should not be so admitted . Ã¢â¬ However, the concept of Ã¢â¬Ëthe interests of justice is itself a broad one and therefore, in practice, the discretion of the court to decide whether or not to allow video evidence-in-chief to be admitted remains very broad indeed, notwithstanding this provision. The leading authority on the resolution of the interests of vulnerable witnesses and the Article 6 rights of criminal defendants is the case of R v Camberwell Green Youth Court and others  . In this case the Court confirmed that the special measure provisions of the Youth Justice and Criminal Evidence Act 1999 were compatible with Article 6(3)(d) of the Human Rights Act 1998 so long as they are employed legitimately to protect vulnerable witnesses (in that case, a child). This case confirms that where the legitimate interests of a vulnerable witness come up against the right of a criminal defendant under Article 6, the former will usually, if not always, prevail. Conclusions to this research. In answer to the question, has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the Article 6 rights of defendants charged with these crimes, in particular the right to properly test the evidence which has been admitted against them, this author presents the following assertions: (1) The video-based special measures considered in this paper do not manage to discharge adequately the barriers which are faced by rape and sexual assault victims and are not having the effect of increasing rates or reporting and conviction for these types of offence. For these measures to be effective they would have to circumvent altogether the adversarial cross-examination process and be used more frequently. (2) As it stands, because the process of pre-recorded cross-examination is so similar to live cross-examination, at least in terms of the defe ndants right to properly test the evidence levied against him or her, concerns that these measures over-step the boundaries of Article 6(3)(d) of the Human Rights Act 1998 are overstated. (3) In any event, the right conferred by Article 6(3)(d) of the Human Rights Act 1998 is a qualified right and so it is legitimate to derogate from it in the interests of protecting vulnerable witnesses. (4) The Courts presumption that the interests of a vulnerable victim should override the interests of a defendant to the safeguards enshrined in Article 6(3)(d) of the Human Rights Act 1998 is not, in the opinion of this author, necessarily appropriate. However, in light of the previous conclusions, this point is moot. References/ Bibliography: Office for Criminal Justice Reform, Convicting Rapists and Protecting Victims Ã¢â¬â Justice for Victims of Rape A Consultation Paper Spring 2006Ã¢â¬âA consultation (London, HMSO, 2006) [Online] https://www.mensaid.com/documents/cons-290306-justice-rape-victims.pdf accessed 19th February 2012. J Gregory and S Lees, Policing Sexual Assault (London, Routledge Publishing, 1999). R McElvaney, Delays in Reporting Childhood Sexual Abuse and Implications for Legal Proceedings. In D P Farrington, C R Hollin and M McMurran (eds.), Sex and violence: the psychology of crime and risk assessment (London, Routledge, 2001). L L Holmstrom and A W Burgess, The victim of rape: institutional reactions (2nd edition, London Transaction Publishers, 1978). C Gibson and D M Vandiver, Juvenile sex offenders: what the public needs to know (London, ABC-CLIO, 2008). Genevieve Muinzer, New to the UK: a guide to your life and rights (London, Routledge, 1987). The Human Rights Act 1998. N Morris, Reforms give rape victims right to give video evidence (London, The Independent, 2007) [Online] https://www.independent.co.uk/news/uk/crime/reforms-give-rape-victims-right-to-give-video-evidence-760831.html accessed 17th February 2012. The Youth Justice and Criminal Evidence Act 1999. A Keane, The Modern Law of Evidence (7th edition, Oxford, Oxford University Press, 2008). M Burton, R Evans and A Sanders, Are special measures for vulnerable and intimidated witnesses working? Evidence from the criminal justice agencies (London, Home Office Online Report, 2006) [Online] https://library.npia.police.uk/docs/hordsolr/rdsolr0106.pdf accessed 19th Feb 2012. Regina v. Camberwell Green Youth Court and others  EWHC 227. N Cross, Criminal Law Criminal Justice: An Introduction (London, Sage Publishing, 2009). CPS, CPS Policy for Prosecuting Cases of Rape (London, HMSO, 2009) [Online] https://www.cps.gov.uk/publications/prosecution/rape.html#_07 accessed 18th February 2012. M Childs and L Ellison, Feminist Perspectives on Evidence (London, Psychology Press, 2000). M Fabri and F Contini, Justice and technology in Europe: how ICT is changing the judicial business (The Netherlands, Kluwer Law International, 2001). M Burton, R Evans and A Sanders, Are special measures for vulnerable and intimidated witnesses working? Evidence from the criminal justice agencies (London, Home Office Online Report, 2006) [Online] https://library.npia.police.uk/docs/hordsolr/rdsolr0106.pdf accessed 19th Feb 2012. L J Clements and J Read, Disabled people and European human rights: a review of the implications of the 1998 Human Rights Act for disabled children and adults in the UK (London, The Policy Press, 2003). J Young, Human rights are childrens rights: a guide to ensuring children and young peoples rights are respected (London, NCB Publishing, 2008). Cambridge University and Clifford Chance, The Human Rights Act and the criminal justice and regulatory process (London, Hart Publishing, 1999). Dombo Beheer B.V. v the Netherlands (37/1992/382/46) Application 5362/72 X v Austria 42 CD 145 (1972) McMichael v United Kingdom (1995) 20 EHRR 205. R v Xhabri  EWCA Crim 3135. L Wolhuter, N Olley and D Denham, Victimology: victimisation and victims rights (London, Taylor and Francis, 2008). N Taylor and J Joudo, The impact of pre-recorded video and closed circuit television testimony by adult sexual assault complainants on jury decision-making: an experimental study (Australia, Australian Institute of Criminology, 2005). R v Camberwell Green Youth Court and others  EWHC 227. Research Trail: An internet search using the search term Ã¢â¬Ëprotecting victims of rape led this author to the Office for Criminal Justice Reforms 2006 Consultation Paper entitled, Ã¢â¬ËConvicting Rapists and Protecting Victims Ã¢â¬â Justice for Victims of Rape. One of the special measures highlighted for discussion by this report was the use of pre-recorded video statements and video cross-examination and, interested in how these measures interfaced with defendants rights under Article 6(3) of the Human Rights Act 1998, this author selected the evaluation of these special measures as the subject matter for this research project. This source made it clear that historically rates of reporting of sexual offences have been low and that victim fears and perceptions of the prosecution process were in some way responsible. This source also conjectured that it was this lack of timely reporting that made it so hard to secure convictions for these types of offence. Keen to find out more about th e nature of these barriers, this author undertook a library search using the search terms Ã¢â¬Ëunder+reporting+of+sexual+offences led this author to the following sources which provided very useful insights into these barriers: J Gregory and S Lees, Policing Sexual Assault (London, Routledge Publishing, 1999). R McElvaney, Delays in Reporting Childhood Sexual Abuse and Implications for Legal Proceedings. In D P Farrington, C R Hollin and M McMurran (eds.), Sex and violence: the psychology of crime and risk assessment (London, Routledge, 2001). L L Holmstrom and A W Burgess, The victim of rape: institutional reactions (2nd edition, London Transaction Publishers, 1978). C Gibson and D M Vandiver, Juvenile sex offenders: what the public needs to know (London, ABC-CLIO, 2008). M Childs and L Ellison, Feminist Perspectives on Evidence (London, Psychology Press, 2000). The next stage of this research required this author to identify and understand the legal framework which allows vulnerable victims to enjoy these video-based special measures. The Office for Criminal Justice Reforms 2006 Consultation Paper made passing reference to the Youth Justice and Criminal Evidence Act 1999 which this author searched for and found on the Westlaw Database. It was straightforward to identify the provision which were relevant to this research, as the provisions of this Act are well labelled. This author referred to A Keane, The Modern Law of Evidence (7th edition, Oxford, Oxford University Press, 2008) and N Cross, Criminal Law Criminal Justice: An Introduction (London, Sage Publishing, 2009) to assist with his interpretation of this legal text. To critically evaluate these special measures this author searched for sources which provided some insights (empirical or otherwise) into whether or not they were working, in practice. This search yielded the follow ing sources: N Taylor and J Joudo, The impact of pre-recorded video and closed circuit television testimony by adult sexual assault complainants on jury decision-making: an experimental study (Australia, Australian Institute of Criminology, 2005). M Burton, R Evans and A Sanders, Are special measures for vulnerable and intimidated witnesses working? Evidence from the criminal justice agencies (London, Home Office Online Report, 2006) [Online] https://library.npia.police.uk/docs/hordsolr/rdsolr0106.pdf accessed 19th Feb 2012 M Fabri and F Contini, Justice and technology in Europe: how ICT is changing the judicial business (The Netherlands, Kluwer Law International, 2001). Regina v Camberwell Green Youth Court and others  EWHC 227. Next, this author undertook a search to find sources relevant to Article 6 of the Human Rights Act 1998. The sources consulted here included: The Human Rights Act 1998. Genevieve Muinzer, New to the UK: a guide to your life and rights (London, Routledge, 1987). L J Clements and J Read, Disabled people and European human rights: a review of the implications of the 1998 Human Rights Act for disabled children and adults in the UK (London, The Policy Press, 2003). J Young, Human rights are childrens rights: a guide to ensuring children and young peoples rights are respected (London, NCB Publishing, 2008). Cambridge University and Clifford Chance, The Human Rights Act and the criminal justice and regulatory process (London, Hart Publishing, 1999). Dombo Beheer B.V. v the Netherlands (37/1992/382/46) Application 5362/72 X v Austria 42 CD 145 (1972) McMichael v United Kingdom (1995) 20 EHRR 205. R v Xhabri  EWCA Crim 3135. L Wolhuter, N Olley and D Denham, Victimology: victimisation and victims rights (London, Taylor and Francis, 2008).
Monday, May 11, 2020
Idealized as the symbolic figure for obedience and domesticity, the power of societyÃ¢â¬â¢s gender expectations has dictated a womanÃ¢â¬â¢s identity. A dominate belief held throughout American history, these traditional femininity norms were and still are reinforced by immigrant communities today. Nonetheless, what often goes unacknowledged are the stories of those female immigrant youths, PachucaÃ¢â¬â¢s or female gang members, who have rejected societies beliefs to construct new identities centered around hyper-masculine subcultures. Alienated and labeled as hypersexualized or masculine, both Catherine RamirezÃ¢â¬â¢s novel The Women In The Zoot Suit and T.W. Wards ethnographic study Ã¢â¬Å"Gangsters Without BordersÃ¢â¬ explores the erasure and double standards present for young immigrant women in a matriarchal world (2009, 2013). Moreover, the authors highlight how immigrant female youthÃ¢â¬â¢s identities are used as a form of oppression in both the public and private s pheres. Whether women conform to being obedient housewives or decide to break gender and racial boundaries, the PachucaÃ¢â¬â¢s and female gangsters consciously chose to make a critique of American gender expectations. During the 1940Ã¢â¬â¢s the Zoot Suit Riots of Los Angeles, California constructed an entirely new youth subculture centered around the emergence of a new rhizomic identity, the Pachuco and Pachuca (Ramirez, 2009). Characterized by the zoot suit style of drapes and a form of slang called CalÃ ³, this subculture was a symbol a resistanceShow MoreRelatedPortrayal Of African American Women1538 Words Ã |Ã 7 Pages Women have long been negatively stereotyped in American society, usually portrayed as submissive and passive while at the same time seen as disobedient and pushy. These contradictory representations are doubly imposed upon Black women. For example, there are common stereotypes ascribed particularly to African American women, such as the Ã¢â¬Å"promiscuous jezebelÃ¢â¬ . This stereotype, which evolved during slavery, continues to exist and still contributes to the harassment of African American women todayRead MoreA Streetcar Named Desire By Tennessee Williams1422 Words Ã |Ã 6 Pagesthe female gender has become more respected and important in the workplace, with as much women as men achieving successful, admirable lives. But this was not always the case. During the early 20th century, women were severely oppressed, with their identity confined to the likes of a housewife. In wartime, the role of the female gender expanded slightly, with more women being employed into jobs that wer e previously considered masculine while the men were at war. However, after the war was over and thenRead MoreGender Is The Definition Of Gender1345 Words Ã |Ã 6 Pageshistorically accepted version of the definition of gender is the state of being either male or female, masculine or feminine, or simply a man or woman. Historically we have lived in a world that only had binary gender, meaning that a person was solely either a man or a woman. While that is the general definition that has been accepted as a baseline representation of what gender is, in todayÃ¢â¬â¢s society, it is actually much more difficult to classify. In the past, it was extremely simple; men hunted whileRead MoreM. Butterfly : Gender Roles And Power Essay1237 Words Ã |Ã 5 PagesGallimard assumes the cultural stereotypes of this inferior culture and expects Song to fulfill this role while still also being devoted to him. The last scene of this play and movie changed the overall feeling of the two main chara cters and their other identities. The film and play address the intentions behind SongÃ¢â¬â¢s mission differently, in the book Song seems more calculating and comes across as teasing Gallimard and less desperate than in the film. The confrontation between Song and Gallimard adds toRead MoreOthello, By William Shakespeare1543 Words Ã |Ã 7 PagesAt one point in our lives, we have all disguised our true identity and pretended to be someone we are not. We all have sat abaft a screen pretending to be the antithesis sex, or just someone innominate in order to get our true feelings and emotions out. Similarly, Shakespeare utilizes the theme of disguise in countless plays, specifically in As you like it and Twelfth Night. Although many may postulate that he has disguised certain characters as the opposite gender solely for comedic purposes, theRead MoreCatherine Barkly : Man s Stepping Stone Of Achievement And Fulfillment1557 Words Ã |Ã 7 PagesCatherine Barkly: man s stepping sto ne to achievement and fulfillment The Bechdel test, while usually applied to films, asks whether a work of fiction features at least two named, women characters who talk to each other about something other than a man. Works that pass the test are considered to have a rudimentary level of female agency and independence. Ernest Hemingway s hyper masculine novel, A Farewell to Arms, does not pass the Bechdel test. The novel, published in 1929, is set in Italy duringRead MoreFeminist Theory : A Philosophical Fiction872 Words Ã |Ã 4 PagesJudith Butler`s piece Ã¢â¬Å"Subjects of Sex/Gender/DesireÃ¢â¬ which describes her account of gender. Butler believes that gender behavior is not natural but that of a performance. She distinguishes her model of theory from expressive model of of gender by explaining that we often associate gender by the idea of femininity and masculinity. Ã¢â¬Å"Representation is the normative function of a language which is either said either to reveal or distort what is assumedÃ¢â¬ (Cudd, 14 5). Butler defines representation like thisRead More The Role of Female African American Sculptors in the Harlem Renaissance1689 Words Ã |Ã 7 Pages Even though African American art was more accepted during the Harlem Renaissance, these artists still faced the effects of being of this descent: discrimination, segregation, etc. The Harlem Renaissance began in the 1910Ã¢â¬â¢s and lasted until the late 1920Ã¢â¬â¢s and early 1930Ã¢â¬â¢s. This movement of hope was strategically placed: Harlem was the largest black community in the country and New York was the center of the arts and also AmericaÃ¢â¬â¢s top publishing center. The Harlem Renaissance was a moment ofRead MoreAustralian Film Red Dog Analusis Essay1233 Words Ã |Ã 5 PagesNathanial Brown In the 2011 Australian film Ã¢â¬ËRed DogÃ¢â¬â¢ directed by Kriv Stenders many issues relating to Australian identity are addressed including the stereotypical Australian values such as conflict with authority and mateship. Stenders uses skilful camera and visual techniques to portray a realistic 1970Ã¢â¬â¢s context throughout the movie. Throughout the movie it is evident that Stenders portrays his values and attitudes such as rebellion against authority that abuses power and independence. Read MoreRepresentation Of The Female Body Image And The Mass Media1586 Words Ã |Ã 7 PagesREPRESENTATION OF HOW WOMEN PROMOTE EXCERSISE IN NEW ZEALAND MEDIA AND HOW IT AFFECTS FEMALES Female Body Image and the Mass Media: Perspectives on How Women Internalize the Ideal Beauty Standard Representation of women in the media can change the way that the people of New ZealanderÃ¢â¬â¢s think of themselves. Media has a powerful ability to reach many people and to influence and direct attitudes of our countryÃ¢â¬â¢s behaviours and knowledge. - Magazines (the representation of kiwi identity they create)
Wednesday, May 6, 2020
Elsie de Wolfe, Eleanor McMillen Brown, and Dorothy Draper were three extraordinary women who pioneered the field we know today as interior decorating. All three of these women grew up in high societies, which gave them an excellent understanding of the rich, the famous and their expensive tastes. De Wolfe, McMillen, and Draper all had prominent careers from the mid 1800Ã¢â¬â¢s until the early to mid 1900Ã¢â¬â¢s. Most of their work was for the rich and famous in American high societies. Elsie de Wolfe was born in New York City in 1865. Although said to be an ugly little girl, from a young age she wowed people with her amazing sense style in clothing. She was a professional actress and was given the unique privilege to choose her own wardrobe for most of her roles. By 1877, de Wolfe had settled into a Boston Marriage Ã¢â¬âtwo women living together independent of men- and redecorated the house she shared with Elisabeth Marbury, another high society woman. It was after this redec oration that Elsie de Wolfe decided to go into business as a professional decorator. Eleanor McMillen Brown was born in 1890 in St. Louis, Missouri. After studying three years at Parsons in both New York and Paris, she attended business and secretarial school stating, Ã¢â¬Å"I thought if I was going to do it all, I better do it professionallyÃ¢â¬ (Vogel, New York Times). Rather than working from her living room like most of her piers at the time, she paid $13,000 and opened up an office for herself off of East 55th StreetShow MoreRelatedThe Works of Elise de Wolfe,Eleanor Brown, and Dorothy Draper1284 Words Ã |Ã 6 PagesInterior Decorators such as Elsie de Wolfe, Eleanor McMillen Brown, and Dorothy Draper helped to pave the way for the Interior Design profession today. Their influential decisions to stray away from the Victorian style of design helped guide both the interior decorating profession, as well as architects who no longer wanted to design in the bulky and cluttere d Victorian Style. Elsie de Wolfe designed during the Victorian movement, however Ã¢â¬Å"had adopted the 1890Ã¢â¬â¢s preference for NeoclassicismÃ¢â¬ (Smith
With all our knowledge of everything around us, overwhelming as it may be, there are still a lot of aspects that are unknown to even the smartest scientists. Did you know that humans know only 5% of the entire universe? Yes, everything we know about the Earth, the Milky Way, and all the planets is barely even a fourth of what comprises the entirety of the universe. Knowing that, it would be illogical to say that the creatures on Earth are the only forms of life in the universe. We will write a custom essay sample on Existence of Extraterrestrial Beings or any similar topic only for you Order Now Today I will tell you about unidentified object sightings, close encounters and even abductions. The first recorded UFO sighting was in Mexico, by an astronomer named Jose Bonilla in 1883 while he was observing sunspot activity. He was said to have seen more than 300 unusual flying objects crossing before the sun. The next one was three years after in Venezuela during a thunderstorm. People reported seeing a bright flying object accompanied by a humming noise hovering over a small hut. The people in that hut got illnesses from radiation exposure and nine days later, the trees surrounding the hut withered and died due to the same reason. Another alarming incident was in the United States of America where a UFO allegedly crashed in Texas and its alien pilot buried at the local cemetery incidentally, I read of the same encounter from a different source and it added this: That night, local officials called a reverend whose name I regret to forget, to go to the crash sight immediately to pray for the victims. When he got there, he was shocked to see non-human creatures. Not more than a few minutes later, military men came in a helicopter and told the reverend to leave and not say a word to anyone; it was an order. These incidents were way back in the 1800Ã¢â¬â¢s when our technology was not as enhanced and people were more naive. More recent sightings have been reported in very different areas of the world Ã¢â¬â Sweden, US, Brazil, Alaska, Argentina, Iran, Spain, China and even the Philippines! Any discussion on this conspiracy, however, will not be complete without talking what went and goes on in Roswell, New Mexico, or better known as Area 51. Area 51 is known to be a US Military Base where 75 miles away, there reported to be a UFO crash landing on July 2, 1947 that left an exceptional amount of debris all over the area. The Roswell Army Air Field reported that they recovered a Ã¢â¬Å"flying discÃ¢â¬ but a few hours after this information was released, the government immediately said it was a Ã¢â¬Å"weather balloon. RAAF even reported having recovered alien bodies but as expected, the government denied again and simply stated that it was the military menÃ¢â¬â¢s trauma from accidents. Countless witnesses during and after the reported crash date have confirmed seeing flying objects, crop circles and usual activity within the area. Area 51 is now conspired to be a place where they examine evidences of alien bodies, UFO crashes, etc, but the government refuses to confirm and have denied these allegations. More than sightings, as promised, let me take you in on one of the craziest abduction stories. There have been over 60,000 reported abductions worldwide. In most cases, the victims are returned but donÃ¢â¬â¢t remember a thing. And in some, the victims are lost forever. The story IÃ¢â¬â¢m about to tell you is one of the most bizarre ones ever recorded. So bizarre that it took more than ten years to be able to have a complete review of the situation resulting to the victim and her familyÃ¢â¬â¢s sanity and the obvious answer that it really did happen. On January 25, 1967, at around 6:30pm Betty Andreasson Luca was in her home with her family. They reported there to be a red light all over the house. When her husband went out to check where it came from, he saw 5 unusual creatures hoping towards the kitchen door where Betty was. She had a family of seven children all of which, including her husband and parents were put in some kind of trance during the whole thing, although they were conscious of everything. Betty was taken to the 20feet in diameter ship, which hovered over their front yard and it flew away to an even bigger mother ship just a few feet above. Betty was gone for four hours. When she has returned, she was perfectly normal and noticed that one of the aliens got left behind with her family, though they were fine as well. Impossible as it may seem, all of this actually happened and was proven correct when each member was questioned, undergone different psychiatric tests, polygraph examinations, and for Betty, fourteen sessions of regressive hypnosis. The result was a 528-page review which scientists still study until today. BettyÃ¢â¬â¢s case remains to be the most extraordinary proven case ever recorded. Usually, people who were abducted tend to feel the same things afterwards: lost or missing time for a couple of hours, frequent nose bleeds, unusual marks on the body, nightmares of the abduction, and symptoms of radiation exposure. Beforehand though, collected recorded abductions have the following similarities: it begins with a visual perception of a bright light, the victim feels paralyzed and cant say or do anything; communication is telepathic too! During the abduction, victims can barely describe any of the tools used due to their unfamiliarity to the objects and loss of memory, they know of undergoing a physical examination, and then nothing after that. However, most reported abductions are studied and examined and doctors seem to find a common ball-shaped or triangular shaped objects at the top of the nose, feet, hand, forehead or eyelid. These tiny items cannot be studied further because it is composed of chemicals not found on earth. With all this at hand, it would be very difficult to believe that we are the only form of life. I could go on and on about more stories and other things I know and have gathered from watching countless documentaries and reading articles on the subject but time and the fact that you all probably think IÃ¢â¬â¢m crazy constrains me. This is what I can tell you now though: these creatures could very well be amongst us without our knowledge. They are clearly more advanced than we are for they have found ways of coming to our planet and finding us when they most likely live light-years away. How to cite Existence of Extraterrestrial Beings, Essay examples
Question: 1. Demonstrate an understanding of the scope, significance and legal framework of HRM in business organisations. 2. Critically examine the factors affecting human motivation in business organisations and how motivation affects standards of performance. 3. Analyse the causes of conflict and alienation at work and evaluate the methods of their resolution. Answer: Introduction 1. Human resource management is the driving force for an organisational progress. The area of the human resource management is concerned as the most difficult area within an organisational scenario. Starting from the recruitment process to retaining the employees by managing the entire working environment are the areas of concern for a human resource manager. Hence, as stated by Valenzuela (2013), the human resource management is responsible for both planning and implementing the internal policies, programmes, and procedures. On the other hand, the human resource management is also keeping the concentration on the maintenance of both physical and emotional capitals of the workforces (Aral, Dellarocas, and Godes 2013). The proper training and development session after recruiting the people is managed by the human resource management. Even providing the enough motivational factors for retaining the skilled employees is also significant responsibility of the skilled HRM process. The study will be presenting the critical analysis of the issues that are affecting the human resource management practices. The concept derived from the case study based issues will be assimilated while discussing the major components in this assignment. Tolu is the 25 year old woman who has been working for a leading holiday company. As per the case study, it has been seen that the issue arose when the HR manager of her company informed her that she is terminated due to her personal posts on social media. The post was printed out and it contained some insulting status that hits directly to her boss. She implied on that status that she wants to bunk the office as she assumes she may fall sick. However, she posted such updates out of fun and she never thought that her personal websites or posts would ever be tracked by her company. She felt embarrassed and simultaneously she had the feeling of unfairness. She thought she had the freedom of speech and she has the full right to live her personal life after office. Moreover, she thinks her private posts in social media should not affect her professional life. However, the case scenario is thus signifying several areas of concerns. In keeping concentration on these issues, it can be stated that managing disciplinary factors is essential. As per the rules of managing conduct, Leonardi, Huysman and Steinfield (2013) implied that the first warning statement is needed to be provided to the staffs. For example, if any of the staffs is identified to misbehave with some aspects related to the organisation, the employee can be given the warning mail for changing the behaviour in next six or 12 months (Acas.org.uk 2016). Disciplining the staffs is the most required segments. Moreover, the action can only be taken if the staffs fail to bring changes in the behaviour even after getting the warning from the management. On the contrary, Treem and Leonardi (2012) argued that if any of the employees is sharing something negative words in their personal circle, it is affecting the reputation of the company. It is clearly stated that no one is allowed to dominate any organisational reputation by misbehaving and sharing allegati ons or embarrassing opinions among the personal circles (Huang, Baptista and Galliers 2013). Hence, Tolus post in the social media sites was damaging the reputation of her company. In discussing the issues in this specific case, it can be mentioned that the lack of the staff communication can arise such issues more significantly. The human resource management needs to maintain the transparent communication skills with the employees. The human resource management is the responsible department of determining the disciplines of the staffs (Poore 2015). The maintenance of the behavioural discipline can ensure the proper behaviour of the staff that will not harm the organisational reputation. Moreover, the human resource management needs to warn the employees about their behaviour that may harm the organisational environment. However, before presenting any warning letter, the company should not terminate the employees in basis of a single reason. In considering the human rights, the human resource management can take step against any misbehaviour of any employee. It is to be indicated that as per the employment laws, the employers can taken actions against the employees who have presented some abusive comments in the social media sites regarding their workplace (Thomas and Akdere 2013). Many of the high profile cases have been identified in considering the firing of the employee due to some insulting comments on social media. When the employer can found the proper evidence of such actions, the proofs can be presented as the reason. As per the social media policies, the company can fire an employee if the person is found breaching against the firm (Poore 2015). Hence, in analysing from the perspective of the human resource management, it was a right decision to fire Tolu, as she made some insulting and embarrassing comment on her boss. In discussing the act done by Tolu on her Facebook page, it can be stated that every individual has the freedom of speech. When it is about the personal blog in the personal account of Social Media Sites, people can share their personal feelings with their circles. On the contrary, it can be stated when people are taking the personal and professional life on the different manner, then nobody has the right to make fun of their professional consequences. In the blog, Tolu abused her boss, which even made her feel embarrassed. She even knew that her company has been Facebook page for recruiting people. However, in considering the disciplinary act undertaken by the HR professionals, Tolu could be warned through any warning mail. Since, she was also quite unhappy about what she did; she deserved to get one chance to make changes in her behaviour. However, the scenario was quite embarrassing for both the employer and the employee. Therefore, in keeping concentration on the social media pol icy, the step that had taken against Tolu was quite justified. The step could be even worse if the management had decided to take legal actions against her. However, she was terminated from her work. 2. The use of the social media has brought the drastic changes in the corporate practices. The organisations directly communicate through Facebook, twitter, and other social sites to derive the solicit responses from the people worldwide (Vaast and Kaganer 2013). Being an HR consultant, it is important to focus on several aspects associated with the social media uses. Firstly, the HR consultant needs to ensure the policy regarding the use of the social media in the workplace. In spite of undertaking the policies against the misuse of the workplace reputation in social media, it cannot prevent the wrongful act of unjustified termination suit (Nibusinessinfo.co.uk 2016). Drafting of a policy signifies the parameter that substantiates the expected outcomes from the social media use by the employees. The policy structure determines the properly documented and it reflects the current guidelines. Secondly, the HR management needs to set the boundaries for using social media sites during the working hours. The employees can check the social media updates to confirm the responses, but not allowed to spend much of their working time on browsing these sites (Kandias et al. 2013). However, in case of using any professional account related to the organisational benefits, the employees can get access to these social media sites (Shrm.org 2016). Third aspect is to determine the security maintenance through passwords. The legislations applied in the social media used at workplace indicate that the passwords of the account holder will be protected. In case of dealing with the professional account, one can request for the password to get access. One thing is to be interpreted that it is not important to add the colleagues in the friend list. The employers can avoid judging the private lives of the employees by staying away from their personal profiles. While browsing the social media sites, it is important to be knowledgeable about the protected and unprotected content. It has been seen that some of the contents are secured under the Federal and State law (Gritzalis et al. 2014). It simply means, if any of the employees account is registered under the protected content, the employer cannot take any legal actions against that particular employee. In such situation, the individual has the full right of sharing the professional issues and conditions without any fear of being terminated or any punishments. The emergence of the social media problems at the workplace can be avoided if both the employer and the employees are knowledgeable about the use of these sites (Dijkmans, Kerkhof and Beukeboom 2015). Deriving the knowledge about the current laws and rules of courts to prevent the issue before it occurs. The HR management or the leaders need to make the employees up-to-date about the policies while using the social media sites. In discussing the theoretical analysis of the HR management practices, it can be stated that the theoretical disciplines are depending on the basic needs and the requirements of the employees. For example, Tolu posted the pun against her workplace over the social networking sites. She was directly terminated and was not warmed by the HR manager. The good practices of the HR manager could provide her the warming mail, so that she could realise her fault and prevent such acts from happening again in the future. The maintenance of the positive environment within an organisation serves as the motivational aspect for the employees. The human resource management is the responsible person for managing the employees and provide enough motivational factors to bring the best outcomes of their performances (Scott 2015). The preventions of the main obstacles are the major requirement that facilitate the effective organisational scenario. The major goal of the human resource management is to meet the strategic objectives for the organisational benefits. The human resource practices include the following aspects. Workforce planning Time Management Skills Management Recruitment and Selection Employee engagement Establishment of communicational transparency Training and development Structuring Payroll Performance Appraisal The study is mainly providing the knowledge about the use of social media at workplace. The practices of the HR management are needed to be concerned about the skill development of the employees. The implementation of the social media policies are needed to be specified by the HR management. Hence, the HR manager is the responsible person to make the employees aware of the rules and policies (Wu 2013). If the employees get the knowledge about the professional rules; they would not undertake any activity that goes against the organisational reputation. Moreover, if any of the employees has been misusing the social media with the abusive posts against the workplace, the HR manager can send the employee a warning mail. The repetition of the same mistake may cost the employees direct termination (Vaast and Kaganer 2013). Hence, the recognition of such policies is required and by establishing the transparent communication with the employees, the HR management can make the employees knowle dgeable about the good practices. Conclusion The study is highlighting the case of Tolu who posted some abusive and embarrassing pun in the social media sites. The person was terminated directly without any warning. In keeping focus on this situation, it can be interpreted that the policies related to the social media use at workplace is needed to be clarified by the HR management to the employees. The employees would be able to identify their mistakes and can rectify those mistakes. Moreover, the clarified policies would be ensuring the prevention of the mistakes before they take place. However, the organisation can terminate the employees if it is a question of humiliation. On the other hand, the freedom of speech allows the individuals to share their personal interests on their personal social media accounts. Hence, it is important to determine the good HR practices that can maintain the regulations of using social media at workplace. The HR manager can even provide the knowledge of maintaining the organisational reputation by avoiding the embarrassing updates sharing on the social media sites. However, the maintenance of the good practices would be beneficial for identifying the mistakes, so that it will not repeat in future. Finally, the maintenance of the security purposes while using social media is also needed to be concentrated more specifically. 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Thursday, April 30, 2020
Othello By Shakespeare Shakespeare's Othello introduces a striking and fascinating character, Iago, to all of its readers. His evilness and ambition for revenge has the ability to grasp each reader's attention and not let go. And Shakespeare wastes no time in presenting his audience with such an astounding character. As the play opens, it immediately becomes apparent that Iago is already at work. He is using his skills to, once again, convince Roderigo that he will persuade Desdemona to fall in love with him, and in return Iago will aquire a portion of Roderigo's great fortune. Nonetheless, it is not only Iago's evil ways that catch the attention of the audience; his manipulative cunningness, and his power-complex both play a major role in the unfolding of his character. Although the antagonistic Iago is the perpetuator of the evil in Othello, he is no fool. On the contrary, many scholars, both contemporary and from Shakespeare's time, consider Iago the most intelligent character in the play. This intelligence enables him to be very cunning, allowing him to manipulate nearly every character in the play to his benefit. He is also very careful in his choice of words. At the beginning of the play in Act I Scene I, while prodding Roderigo to alert Desdemona's father of her disobedience, Iago tells him to "Do, with like timorous accent and dire yell/ As when, by night and negligence, the fire/ Is spied in populous cities." Iago knows that the bigger they play out the scene and the more hatred they infuse in him, the more likely he will be to cause problems to Othello. He is also quick to leave the area before Brabantio comes down and calls him to be a witness against Othello, his boss. Iago is always quick to flatter or glorify someone before engaging in too deep of a conversation because he knows that it will soften him or her up and they will be more likely to listen to him and tell him what he wants to know. For example, in Iago's first conversation with Othello, he first says how he had to restrain himself from killing Roderigo for badmouthing the general, and then promptly asks him whether or not he married Desdemona. There are numerous other occasions that demonstrate Iago's intelligence and cunningness, for example the handkerchief ordeal, but there are just too many to name here. It becomes evident, as you read through Othello, that Iago is obsessed with power. His power-complex involves both money and a fixation on having a position of authority. His money-loving issue is best shown in his dialogue with Roderigo in Act I Scene II starting at line 327. On every-other line he tells Roderigo to "Put money in thy purse" and "fill thy purse with money." He convinces Roderigo not to kill himself so he can continue being paid by this wealthy man. The biggest motive Iago has for his actions in the play is the fact that Othello passed him over for promotion, and the position was given to someone with little experience. Iago is greatly outraged by this, so outraged that he conspires to get revenge on both Othello and Cassio. This proves he has a power complex because he would much rather have the position of greater power, lieutenant, than the position of ensign, which was one that held great respect, love, and trust. In other words, he didn't get promoted but he still has a great job. In Act I Scene I, Iago discloses to Roderigo and the readers that "Preferment goes by letter and affection,/ And not by old gradation, where each second/ Stood heir to the first." This means that who is chosen to be promoted is not chosen by experience and a step-ladder seniority system, but rather he is chosen through personal influence and favoritism. In "Pattern in Othello", Ralph Berry writes "..... there are hints that Iago comes from a lower social stratum than Cassio, and in the drinking scene Cassio's references to ?man of quality' and ?the lieutenant is to be saved before the ancient' suggest an element of class antagonism". Cassio was probably well known and liked throughout the land (he was, after all, one of Brabantio's choices for Desdemona) and no doubt received the promotion through knowing people. This vexes Iago even more, and could account for his lust for money as a means of gaining a higher social status. Iago is an intelligent man and an experienced warrior who could achieve much good if he used his