Tuesday, January 21, 2020
The Role of Afro-Cubans in the Formation of Cuba Essays -- History Cub
The Role of Afro-Cubans in the Formation of Cuba Introduction In the formation of the Cuban nation, the role of Afro-Cubans is undeniably of great importance. The success and riches obtained by Cuba as a Spanish colony would have been unthinkable without the exploitation of African slave labor. Even before emancipation, there were key figures in the Cuban independence movement, such as Antonio Maceo, who were free men of Afro-Cuban origin. After emancipation in 1886, Afro-Cuban ex-slaves showed their enthusiasm for their future in Cuba by volunteering in large numbers to fight in the Liberation Army. Yet in the victory over the Spanish in 1898, Afro-Cubans were given little recognition for their overwhelming support, and were bypassed for positions of authority during the American occupation. The Americans generally appointed white Cuban exiles or Spanish soldiers over Afro-Cubans, destroying the hopes many had of finally receiving their "rightful share", in the words of historian Aline Helg. Helgââ¬â¢s book Our Rightful Share: The Afro-Cuba n Struggle for Equality, 1886-1912, discusses these repeated disappointments felt by Afro-Cubans. In 1902 Cubans were at last free to govern themselves, and a constitution was drafted declaring all men equal, and granting universal male suffrage. Yet whites still dominated the positions of power in Cuba, and justified themselves by adhering to a myth that racial equality had been established (Helg, 70). Dissatisfied with their lot, Afro-Cubans again participated in large numbers in a revolution, this time under the liberal Jose Miguel Gomez, who promised them improved representation in government positions. Following the disappointment surrounding the 1908 elections, Afro-Cubans began to d... ...top sacrificing everything for the good of Cuba. They had to love themselves and recognize their personal value; then they had to love their families, then, their race; and then, only after all this, their homeland" (241). The myth, or maybe ideal of racial equality and unity had been forgotten. The failure of Afro-Cubans to attain equality in Cuba was the result of a racist societal hierarchy dominated by a white upper class. The more Afro-Cubans pushed for reforms, the more whites resisted. Eventually, Afro-Cuban tactics became more radical, which led to the violent response to the Partido Independiente de Color. The ideal of fraternity between the races, held by the Cuban revolutionary heroes Maceo and Marti, was not able to survive. Resources Helg, Aline. Our Rightful Share: The Afro-Cuban Struggle for Equality, 1886-1912. UNC Press, Chapel Hill, 1995.
Monday, January 13, 2020
How Did the Indsutrial Development Unite or Divide the North and the South Essay
During the Civil War, the advances of the Industrial Revolution introduced great changes in the industrial and technological development. Both the North and the South created many advances in railroad and water transportation. The Union, however, was far more advanced technologically than the Confederate states . Consequently, the North made greater and more effective use of progress in weapons, communication, transportation and medicine than South . Although the industrial development made the nation very widely known, both the south and the north were divided because their differences. The Civil War was the first modern war that helped strengthen the technology and industrial system. But their industry and technology distinguished the two sides, which represented different economic conditions. The North had developed a strong economy that was becoming day-by-day more industrialized. By the nineteenth century, large factories and organizations sprang up throughout the north. Also, the population of the country was increasing and immigrants from all over Europe came along. The North was becoming a huge success but the South was falling behind. The North was rising in a higher success rate than the South. The Union flourished more factories and more transportation. Canals were being handmade, there was an increase of labor force and there it was becoming more adequate to transport product through trains . Inventions were also becoming to life. For example, the Telegraph was becoming a extremely useful. Invented by Samuel F. B. Morse, the Telegraph was inexpensive to make and was ideal for long distance communication. The north had more advantages in growing the economy because it had twice as big as the population from the south. It had much greater man power and it had a better work force. Many factories from the north built war material to supply to the Union. However, slavery was decreasing around the 1860ââ¬â¢s and factories were pouring in by the immigrants from Europe. In fact, seven out of every eight immigrants that traveled to the U. S. settled in the North rather than the South. The economy in the North was also increasing therefore immigrants settled there to establish their own business. Northerners were far more likely to have careers in business, medicine, or education . Also, children were slightly more prone to attend school than Southern children. As for the South, the warm climate and the fertile soil made it ideal for farmers to grow significant amounts of crops. There were more abundant natural resources in the south and because agriculture was so profitable few Southerners saw a need for industrial development . There were no large cities aside from a few known places. Most of the known cities existed near shipping ports to send agricultural produce to Northern destinations. However, the South had difficulty with transportation and most products were sent by water. Only a few train tracks were located in the South. In the other hand, Southern children tended to spend less time in school and most Southern families based their teachings in gravitating toward military careers as well as agriculture . The first half of the nineteenth century was a time of expansion and improvement of transportation systems. States in the North and the Midwest chartered and built overland roads and turnpikes. The Turnpike Eraâ⬠(1790-1820) consisted of Americans relying on roads for internal transportation. Canals, such as the Erie Canal, tied New York City to the Great Lakes. Steamboats and railroads improved the movement of goods and people, forging ties that served both sides well during the Civil War. The first federal charter corporation that created the dream of the transcontinental railroad was the Union Pacific Railroad Company and the Central Pacific Company . Both of these companies gathered many immigrants, at low pay, to work massive hours to construct the railroad. However, better transportation fostered an upgrade on trade within the country and dispersed new civilization to the west. The industrial revolution created many social problems. Poverty became a growing concern, especially the fact that factory wages were scarcely adequate for family survival . Most residents experienced hunger and destitution. Among the poor, child labor was very common. Most parents forced their children to look for jobs instead of going to school for survival. Southerners often cited these factors as crimes whenever the North challenged its institution of slavery. The Industrial Revolution brought Southern landowners an invention that they adopted and embraced: The Cotton Gin. Invented by Eli Whitney, the cotton gin made slavery profitable and made cotton the nationââ¬â¢s number one export . The South also adopted the steam engine, mainly to aid the cotton gin and to use on steamships to transport cotton. Ironically, the success of the cotton gin, by fostering slavery, helped to separate the two sides of the country and bring about the Civil War. The pace of immigration also stimulated economic growth while increasing differences between North nd South. Immigrants, mostly from Europe at this time, were supplied with low-cost labor. Most immigrants lived in the North where jobs were constantly available but had no respect to the workers. The use of standard, interchangeable parts, especially the manufacturing of guns, clocks, and sewing machines , allowed the nation to advance technologically by using unskilled workers. During the Civil War, with Southern representatives of Congress gone and the Republican Party controlling the house of Congress and the presidency, ââ¬Å"the government set about to aid business and technologyâ⬠. In 1862, the Department of Agriculture was founded. It provided a national center to coordinate agricultural development and promote scientific farming. ââ¬Å"A house divided against itself cannot stand. I believe this government cannot endure permanently half-slave and half-free. â⬠This quotation was from Abraham Lincoln in 1858. Abraham Lincoln did not want the North and South to separate but for the Industry to grow bigger . In the first part of the quotation, ââ¬Å"A house divided against itself cannot standâ⬠, portrays that the United States needs to be UNITED not divided. A house needs to stand tall and not let anything else break it down. It is true that the ââ¬Å"government cannot endue permanently half-slave and half-freeâ⬠because this needs to be a united country not a haft this haft that country. Lincoln convinced others that the United States could not be this way. It had to bet glued together again and it had to abolish anything that was not right. However, throughout time, The Divided States of America was soon becoming the United States of America. After Lincolnââ¬â¢s death, three amendments were ratified that help America put back to place. The 13th amendment concluded that slavery was officially abolished . The 14th amendment granted ââ¬Å"all persons born or naturalized in the United States, ââ¬Å"to be citizens which included former slaves that were freed . The 15th amendment granted African Americans the right to vote . These three amendment helped bit by bit to repair the United States. Even though today there is still a difference in the North and South, our nation will always be together. The United States grew tremendously during the Industrial Revolution. Inventions were made, transportation was spread out, new jobs were increasing and more knowledge was diffusing. Throughout time, our population was growing and our nation got to spread out to the west to expand our land and culture. Even though our presidents may have made mistakes, we get to learn what we have done wrong and use that in our future. Our nation may have been divided for awhile but we can always retain it back. Back where it always was, united.
Sunday, January 5, 2020
Preventing and Recovering Lost Work on the Computer
Its a terrible sinking feeling that every writer knows: searching in vain for a paper that took hours or days to create.à Unfortunately, there probably isnt a student alive who hasnt lost a paper or other work on the computer at some point. There are ways to avoid this terrible plight. The best thing you can do is educate yourself and prepare ahead of time, by setting up your computer to save your work and create a backup copy of everything. If the worst happens, however, there may be some ways to recover your work when using a PC. All Your Work Disappeared! One problem that can startle a writer is seeing everything disappear instantly as you are typing. This can happen if you accidentally select or highlight any portion of your work. When you highlight a passage of any lengthââ¬âfrom a single word to a hundred pagesââ¬âand then type any letter or symbol, the program replaces the highlighted text with whatever comes next. So if you highlight your entire paper and accidentally type a ââ¬Å"bâ⬠youââ¬â¢ll end up with only the single letter. Scary! Solution: You can fix this by going to Edit and Undo. That process will take you backward through your most recent actions. Be careful! You should do this immediately before an automatic save occurs. If you cant locate the Undo button, try Ctrl-Z, the keyboard shortcut for undo. Your Computer Crashed Or your computer froze, and your paper disappeared! Who hasnââ¬â¢t suffered this agony? Weââ¬â¢re typing along the night before the paper is due and our system starts acting up! This can be a real nightmare. The good news is that most programs save your work automatically about every ten minutes. You can also set up your system to save more often. Solution: Itââ¬â¢s best to set up for an automatic save every minute or two. We can type a lot of information in a short time, so you should save your work frequently. In Microsoft Word, go to Tools and Options, then select Save. There should be a box marked AutoRecover. Make sure the box is checked, and adjust the minutes. You should also see a selection for Always Create a Backup Copy. Itââ¬â¢s a good idea to check that box, as well. You Accidentally Deleted Your Paper! This is another common mistake. Sometimes our fingers act before our brains get warmed up, and we delete things or save over them without thinking. The good news is, those documents and files can sometimes be recovered. Solution: Go to the Recycle Bin to see if you can find your work. Once you locate it, click on it and accept the option to Restore. You may also find deleted work by finding the options to Search Hidden Files and Folders. Files that are deleted donââ¬â¢t really disappear until they are overwritten. Until then, they may be stored on your computer but ââ¬Å"hidden.â⬠To try this recovery process using a Windows system, go to Start and Search. Select Advanced Search and you should see an option for including hidden files in your search. Good luck! You know You saved It, but You canââ¬â¢t find It! Sometimes it can seem like our work has disappeared into thin air, but it hasnââ¬â¢t really. For various reasons, we can sometimes accidentally save our work in a temporary file or another strange place, which makes us feel a little crazy when we try to open it later. These files can be difficult to open again. Solution: If you know youââ¬â¢ve saved your work but you canââ¬â¢t find it in a logical place, try looking in Temporary Files and other odd places. You may need to do an Advanced Search. You Saved Your Work on a Flash Drive and Now Youââ¬â¢ve Lost It! Ouch. Thereââ¬â¢s not much we can do about a lost flash drive or floppy disk. You could try going to the computer where you worked to see if you can find a backup copy through an advanced search. Solution: There is a better way to avoid losing work if you are willing to take preventive measures ahead of time. Each time you write a paper or other work that you canââ¬â¢t afford to lose, take time to send yourself a copy by email attachment. If you get into this habit, you will never lose another paper. You can access it from any computer where you can access your email. Tips to Avoid Losing Your Work Use an online backup like iCloud and save often.If youââ¬â¢re working on a lengthy paper, always send yourself a copy by email attachment every time you update it.Always save a few versions every time you stop working. Save one to an external drive and one to the hard drive.Get In the habit of choosing the Yes option when the computer asks if you want to save changes. There are very few reasons for selecting No, so think carefully about what youââ¬â¢re doing every time you shut down your program.Sometimes we accidentally save two versions of our work, so one will be more updated than another. This can cause serious confusion. Avoid opening an old version that hasnââ¬â¢t been updated by sorting your documents by Date when you open them.
Friday, December 27, 2019
I Had No Other Experience With Documentation Panels
Prior to this class, I had no other experience with documentation panels. This was a very intriguing new experience because it allows pre service teachers and their peers to view weeks of their work within one project. This is extremely beneficial for our future because not only are we getting practice in for full time student teaching, but we are also learning more through the inquiry ourselves. After the first day of lesson planning and teaching it is clear to say there is a difference between talking about teaching a lesson and actually doing the teaching of a lesson. The biggest takeaway I had from this experience was to have multiple back up plans. It is almost impossible to think of all the different directions students might translate the lesson being taught. This being true, teachers need to be able to address and engage that student in their translation to make sure the conceptualized information taught is turned into a cognitive learning experience. In order to make a back up plan possible, we need to think ahead and incorporate that into the lesson plan. I have found it helpful that it is better to over-plan, than to under-plan. I believe this to be true because while doing our document panel, our over planning allowed us to create a steady path and direction that boosted student knowledge. It also gave us option for our documentation panel because we had so many different elements we could choose from that demonstrated how well students were learning andShow MoreRelatedInnovation : The Most Innovative Thing You ve Done?1738 Words à |à 7 Pagesmanagement system (Solis Pathway LMS, 1994). I co-authored the draft document of IEEE 1484.11.2 ECMASCRIPT API For Content to Runtime Services Communication) the JavaScript API underlying the SCORM (Shareable Courseware Object Reference Model). More recently, I co-invented US Patent No 9,261,965 B2 Touch Surface Overlay Panel. However, I believe the most innovative thing Iââ¬â¢ve done is establish a team and model to sustain learning innovation over time. Context I conceptualized and formed a team focusedRead MoreEssay On Conversation About Ethics1151 Words à |à 5 PagesConversation about Ethics I talked with a couple of mental health professionals within the local area in which I live, I asked each of them form their perspective weather or not they work with insurance companies, what are the advantages of insurance panels, what are the struggles. One of the mental health care professional stated that some of the disadvantage being involved with insurance panels is the enormous amount of paper work that involved that must be prepared. This was one of her most frustrationRead MoreLink Cause Effect And Prevention Of Pressure Ulcers1647 Words à |à 7 Pagespressure or rubbing that exceeds the arterial capillary pressure (32 mm Hg) and impairs local normal blood flow to tissue for an extended period, results in pressure ulcer (Brunner and Smeltzer, 2013). According to National Pressure Ulcer Advisory Panel, 2014, pressure ulcers are a major burden to the society, as it approaches $11 billion annually, with a cost range from $500 to $70,000 per person pressure ulcer. It is a s ignificant healthcare problem despite much investment in education, trainingRead MorePersonal Report On My Salary Adjustment962 Words à |à 4 PagesI am writing in reference to my recent salary adjustment. My concern is that I have been overlooked in relation to dissolved positions being combined with my position and years of experience not counted. Since 2004 I have experienced salary compression due to the Hay Study. In addition to salary compression my position has been immensely affected by the dissolving of positions; combining of duties into my position, and addition of new grants, committees and departments. The workload and rolesRead MoreCommunity Learning Center Practicum : My Internship At Neighborhood House1216 Words à |à 5 PagesNeighborhood House provided me the opportunity to gain experience and expanded my knowledge working with the diverse population. Neighborhood House has prepared me to work with all population such as race, gender, age, and all culture. I had the opportunity to be in three different programs during my journey as social work student in Neighborhood House. The three programs were; Food Support, Early Childhood, and Youth Leadership. In the Food Support program, I was a foodshelf caseworker completing intake assessmentsRead MoreAnalyse your contribution to the selection process for the position of Classroom Assistant1418 Words à |à 6 PagesAssignment M2 In this assignment I will analyse the contribution of the interview and selection process that leads to the position of Classroom Assistant. I took part both as an interviewee and observer therefore I am able to compare how the different roles have contributed to the process. Before being selected through for the position, there are three stages that each applicant must face: the pre-interview, the interview itself and the post-interview. Each of these stages plays their part in allowingRead MoreWho Is Martha For A Gastric Bypass Surgery?1370 Words à |à 6 Pages 1) Martha is potentially in her 60s, has a considerable lack of range of motion, substance abuse, is obese, and has type II diabetes; she had previously opted for a gastric bypass surgery. She presents with one who displays symptoms of depression, experiences manic episodes, suffers from mood swings, and experiences both auditory and visual hallucinations. At times, she quickly cycles between depressive and manic episodes. She is currently financially destitute, lacks employment, and is inRead MoreThe Immigrants Experience Through The Graphic Novel The Arrival 1305 Words à |à 6 Pages Shaun Tan depicts the immigrant experience through the graphic novel, The Arrival. Tan sets many emotions and thoughts in motion, without using any words. Tan depicts the many challenges immigrants face when venturing to a foreign land for the first time. This graphic novel depict the immigrant experience in a very effective way. Tan does so by using many different methods to demonstrate this e xperience, the strange language, strange surrounds, and unfamiliar people, are some of the most prominentRead MoreEvaluation Of Academic Performance Action Plan1298 Words à |à 6 PagesAction Plan My academic performance goal for my Senior year is to maintain a GPA of 3.5. To achieve that, I have determined myself to achieve as minimum grades, two B+ and three A- for this semester and for Spring and Fall of 2017. So far, I have performed quite well on my exams and projects this semester. However, on one class I barely passed my first exam with a 70 even though I felt I was prepared to obtain a much better grade. Therefore, to achieve my goal of maintaining a GPA of 3.5, Iââ¬â¢mRead MoreMy Knowledge Of Supervision At The Manufacturing Industry For Five Years1577 Words à |à 7 PagesThe purpose of this paper is to demonstrate my knowledge of supervision. I have been a supervisor focused on marketing in the manufacturing industry for five years. I have supervised in both a small, fast-growing company and in a medium-sized, second generation owned corporation. Two companies that I have earned experience as a supervisor are FATHOM and Bishop-Wisecarver. I am currently a marketing manager for FATHOM where I supervise a marketing team ranging in size from three to four people. The
Thursday, December 19, 2019
Search and Seizure in Public Schools Essay - 1932 Words
Purpose The purpose of this paper is to discuss public school districts limits on hate speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when they enter the school, but the breadth of that statement is not without limit. Schools may narrowly curtail free speech rights to the extent necessary to maintain goodâ⬠¦show more contentâ⬠¦Des Moines, 1969, p. 509) A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students rights of free speech. Schools should . . . cr eate an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line? (Essex, 2005, p. 44) Two recent federal appellate decisions highlight the difficulty in drawing the line. In 2004, the student Gay-Straight Alliance at Poway High School in Poway, California held its second annual Day of Silence to promote tolerance of others, particularly those of a different sexualShow MoreRelatedEssay about Search and Seizure in the Public Schools1487 Words à |à 6 PagesSearch Seizure in the Public Schools To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states: The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmationRead MorePolice Conduct A Search And Seizure At A Public School Initiated By School Officials1975 Words à |à 8 Pagesconduct a search and seizure at a public school initiated by school officials? 2. Do police have authority to use a search warrant as grounds to enter and search for activity on tribal property? 3. Will evidence found outside the parameters of a warrant be admissible? 4. Are illegal substances permitted for religious Indian ceremonies? 5. Is there recovery for damages against police and prosecuting attorney for the irreplaceable destruction of religious artifacts during an illegal search on tribalRead MoreThe Fourth Amendment Act Of The United States1378 Words à |à 6 PagesBill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In the landmark cases below, the cases went to court because the defendant accused law enforcement of violating their Fourth Amendment Rights. Under the Constitution the Fourth Amendment protects officers of unreasonable search and seizures. Officials as public schools has the authority to search studentââ¬â¢s property. These officials are representativesRead MoreDrug Testing Of The United States1430 Words à |à 6 PagesFirstly, the case involves a 4th Amendment of the constitution regarding the right to unreasonable search and seizures. Particularly, the case is about a Springfield University conducting random drug testing of the students because they have been getting various students cases, where a student was found to be involved abusing illegal controlled substances. The university conducted a survey to get knowledge from the students about abusing illegal substances such as marijuana, heroin, cocaine, methamphetamineRead MoreFourth Amendment : Search And Seizure963 Words à |à 4 PagesFourth Amendment: Search and Seizure The Fourth Amendment: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791. The Fourth Amendment provides, [t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the personsRead MoreHigh School Students Should Not Be Granted Greater Privacy On School Property1286 Words à |à 6 PagesRiley Heerbrandt and Cade Davidson Ms. Sullivan English 3 March 3, 2016 Debate Paper High School Students Should Not be Granted Greater Privacy Rights on School Property Safety is, â⬠the condition of being protected from or unlikely to cause danger, risk, or injuryâ⬠(ââ¬Å"Dictionaryâ⬠, n.d.). That is what locker searches provide for schools. With the early case of New Jersey v. T.L.O, a teacher caught a 14 year old girl smoking a cigarette in the bathroom. This led the teacher to send the girl to the principalRead More New Jersey V. T.L.O. Essays1346 Words à |à 6 Pages The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth AmendmentRead MoreFourth Amendment Of United States Constitution1139 Words à |à 5 Pagesaway by authorities without proper authorization. If any government official or agent want to search an individual or their belongings, they should have proper reason to do that and get permission from the judge. Fourth amendment of United States constitution states that it is ââ¬Å"the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by OathRead MoreThe Fourth Amendment And The Second Amendment1694 Words à |à 7 Pagesof Rights. The Fourth Amendment is made to protect people from unlawful searches and seizures. This means that the police can t search a personââ¬â¢s house without a warrant or probable cause. The founders of the Fourth amendment believed that freedom from government intrusion into oneââ¬â¢s home is a natural right and fundamental to liberty. The idea of this is to protected citizens from unreasonable searches and seizures. However,the Fourth Amendment has been debated for the last several years, as policeRead MoreThe Second Amendment Of United Nations Constitution1649 Words à |à 7 Pages1. Fourth Amendment: Under the fourth amendment of United Nations constitution the people have a right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. Warrants would not be issued, unless based on a cause and supported by an oath or affirmation with detailed description of the place to be searched and the things or persons to be seized. The aim of this amendment is to protect the right to privacy of the people and freedom of intrusions from
Wednesday, December 11, 2019
Criminal Procedure
Question: Discuss about the Criminal Procedure. Answer: Introduction: It is the cardinal principle of criminal law that a person cannot be convicted unless his guilt is proved beyond reasonable doubt.[1] In the instant case, Sutton (the accused) has not committed a murder. He was indulged in a fight with the Nguyen (the deceased) but never used a knife to kill him. Therefore he is surely not the murderer. The fact he that he fought with the deceased has also been witnessed by two persons, Stretch and Jacko. The three left the place leaving Nguyen alive. After a month, Sutton was questioned by police officers regarding the murder of Nguyen. Sutton initially did not initially want to give the interview as he was drunk and tired. But the police officials threatened to issue a search warrant by virtue of which they would search Suttons mothers home. Sutton was concerned about his mothers health. His mother had suffered from severe heart attacks in the previous years. Her mother was very much scared of cops and could probably suffer from another heart attac k if she sees the cops in her place. Considering all these consequences, Sutton made an admission that he had stabbed the deceased. The admission was admitted in the criminal proceeding held by the Trial Court and the accused has been convicted of murder of the deceased. The conviction of the accused based on a coerced admission is surely an instance of miscarriage of justice. Sutton has the right to appeal against his conviction and he surely will get justice because he not the real murderer. It is another cardinal principle of criminal law that ten guilty persons be set free than one innocent person be held guilty. [2] Statutory Right to Appeal Section 18 of the Crimes (Appeal Review) Act, 2001 gives the right to a person to appeal against his conviction. The Section lays down that in an appellate proceeding the evidences which were given in the original local court proceeding would be reheard and an appeal would be decided on the basis of such evidences. If the District court is of the opinion that fresh evidence be given in the interest of justice, then fresh evidence can be given by the permission of the District Court.[3] Legal Issues Involved in the Case Whether the questioning that was done by the police officers in Hyde park against the suspect was in compliance with the provisions under Section 281 of the CRIMINAL PROCEDURE ACT 1986 or not? Whether the admissions made by the accused in the interview at the police station were coerced or not? Whether evidence of Stretch, being a fresh evidence, can be adduced in the appellate proceeding or not? Issue 1 Section 281 of the Criminal Procedure Act 1986 deals with admissions by suspects. Clause (1) of the Section is applicable to an admission which was made by an accused person who, at the time of making the confession, was suspected for commission of an offence or could reasonable have been suspected of having committed an offence by an investigating official. The admission referred to in this section must have been made in the course of official questioning and the offence referred to in this section is related to an indictable offence excluding those indictable offences which could be summarily dealt without the accused persons consent. Clause (2) lays down that the admission to which this section applies is admissible only if the admission is made available to the court and the interview taken by the investing official has been tape recorded.[4] In case, if the tape recording has not been made by the investing official, then, a tape recording of an interview with the person, who made the admission, is to be made containing a statement that such person accepts the terms of the admission or a reasonable excuse has to be given by the prosecution as to why such tape recording could not be made. An investigating official would include a police officer who does an investigation under an order given by his superior. Thus, the tape recording of admissions is essential for using them as evidence in a Court of law as per the provisions under Section 281 of the Criminal Procedure Act, 1986. If the tape recording could not be made by the police officers at the time of questioning the suspect, then a reasonable excuse has to be given by the police officers as to why the tape recording of the questioning could not be made. Case: Foster vs The Queen (Common law) (1993)[5] In this case, a charge was inflicted on the accused for setting fire to a large public school. The accused was convicted as he signed a confession while being in the custody of police. In the original court proceedings the accused said that he made the confession under threats given by the police officers. But the Court decided the case against the accused and convicted the accused for maliciously setting fire to the public school. On appeal the High Court made the common law position clear and held that if a confession is procured through a police conduct, which is unlawful, then the judge may use his discretionary power and exclude the evidence on the following grounds: That it would be unfair to the accused That it would be contrary to the public policy In this case, family of the accused was threatened, there was no recording of the interviews and the accused was not allowed to contact a lawyer which clearly indicated that unfairness was being done to the accused. Under these circumstances, the High Court felt it appropriate to quash the conviction. Thus, tape recording of evidence is an essential factor to determine the reliability of a confession. In the instant case, the questioning which the police officers did to the suspect was not electronically recorded. Thus, it has been unfair to the accused that the informal conversation between him and the police officers in the Hyde Park has been used as evidence against the accused. It was just an informal conversation and no caution has been given to the accused that the conversation was likely to be adduced as evidence in the Court of law. Issue 2 Section 85 of the Evidence Act 1995 lays down provisions as to reliability of admissions by defendants in criminal proceedings. [6]Clause (2) of Section 85 clearly lays down that only reliable admissions are allowed to be adduced as evidence in a criminal proceeding. The prosecution needs to establish that the particular admission was made in such circumstances as are unlikely to make any adverse effect on the truth. Section 85(3) lays down certain factors to be considered to determine whether such circumstances existed or not. The factors as laid down under Clause (3) of Section 85 are as follows: The relevant characteristic or condition of the person who made such confession including his health, age, education, personality and any intellectual, physical or mental disability which the person is suffering from or which the person may suffer from. If the admission was made in course of questioning then: The nature of the questions The manner in which the questions were put The nature of any inducement, thereat or promise which was made to the person. In the instant case, the accused was not ready to be interviewed by the police officers. The police officers then threatened the accused that if he did not face the interview, then the police would issue a search warrant and proceed to search the home of accused mother. The accused got tensed to hear this as his mother was not in the best of her health and she had already suffered from two heart attacks in the previous year. Moreover, his mother was scared of cops and she could possibly suffer from another heart attack if she sees the cops in her place. Thus, the accused has been threatened by the police officers and under such a metal condition he gave the interview. The accused said afterward in the criminal proceeding that he confessed before the police officer in order to get rid of the search warrant. Thus, the admissions of the accused under these circumstances clearly fall within the ambit of Section 85 and therefore should not be relied upon. Case: R vs Zhang (2000)[7] In this case, the accused was charged with two counts of murder. He was interviewed so that a witness statement could be taken from him and for the purpose of ascertaining whether he was eligible to avail the benefits of a witness protection program. During the course of such interview, the guilt of the offence was admitted by him. However, this interview was not an electronically recorded one. He was interviewed for a second time and this tome the interview was tape recorded. The police officers were accompanied by him to the place where the murders occurred and a detailed explanation was also given by him about the incidents that took place at the night when the murders took place. The Circumstances Under which he Cooperated with the Police were that he was Given two Options: Either cooperate with the police officers or Prepared to be charged with murder. At the same time he was told that if he cooperated with police then his sentence would be reduced. He was also threatened by one detective who told that he was likely to hit the accused. All these conducts induced him to confess his guilt. The Court referred to Section 84 of the Evidence Act, 1995. Section 84 lays down that if the Court is satisfied that an admission or the making of an admission was influenced by oppressive, violent, degrading or inhuman conduct, then such admission would not be admitted in a court of law. It is not necessary that such conduct was done to the concerned person who made the admission. Such conduct could be done to any other person as well. What is material is that if such conduct influences the admission or making of the admission, then such admission would be excluded and not admitted in a Court of law.[8] The Court after referring to Section 84 held that the admission of the accused has been made by the oppressive conduct of the police officers and the detective. Therefore the admission could not be qualified as a voluntary confession and as a result the Court did not admit such confession.[9] In the instant case, the admission was not made by the accused voluntarily. He was drunk and tired and he conveyed to the police officers that he was not in a position to give a formal interview. But the police officers threatened to issue a search warrant. The accused was concerned about his mothers health and he was worried that his mother could suffer from a heart attack if she sees the police in her premises. It was under all these circumstances, that the accused made admissions before the police. Had the police officers not threatened him, he would have never given the interview in the first place. The accused also said later in the court that he had made the admissions in order to avoid a possible raid by the police. Thus the confession of the accused during the interview in the prison cell cannot be said to be a voluntary admission. Issue 3 Under Section 18 of the Crimes (Appeal Review) Act, 2001, fresh evidence can be adduced in an appeal with the leave of the District Court in the interest of justice.[10] In the instant case it is a fact that the accused and the deceased were indulged in a fight. But it is also a fact that the accused had no knife in his hind and he never killed the deceased. Conviction of the accused for an offence like murder, which he did not commit, would result into huge miscarriage of justice. The evidence of the eye witness is ought to be considered so that the truth may be revealed and life of an innocent person can be saved. Biblography (2016) https://www.austlii.edu.au/au/journals/MonashULawRw/2013/27.pdf (2016) https://www.surrey.ac.uk/law/people/dennis_baker/ (2016) https://www.adelaide.edu.au/press/journals/law-review/issues/36-1/alr-36-1.pdf Australia, Modern, Jeremy Gans and University Melbourne, Modern Criminal Law Of Australia (2016) Cambridge University Press https://www.cambridge.org/au/academic/subjects/law/law-general-interest/modern-criminal-law-australia?format=PB Criminal Law Guidebook : Queensland And Western Australia / Andrew Hemming | National Library Of Australia (2016) Catalogue.nla.gov.au https://catalogue.nla.gov.au/Record/6847013. Criminal Law In Queensland And Western Australia" By Eric Colvin And John Mckechnie(2016) Epublications.bond.edu.au https://epublications.bond.edu.au/law_pubs/186/ Dundee, University, D284bcb9 D167 42Ac Bd55 D53ff57c7b41 : Law : University Of Dundee (2016) Dundee.ac.uk https://www.dundee.ac.uk/law/staff/profile/pure/pamela-ferguson/d284bcb9-d167-42ac-bd55-d53ff57c7b41 Flinders University (2016) Flinders.edu.au https://www.flinders.edu.au/people/kim.economides Parlinfo - Uniform Evidence Law / Stephen Odgers. (2016) Parlinfo.aph.gov.au https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=MajorSubjectId_Phrase%3AF0B;rec=14 Plater, David; Line, Lucy; Davies, Rhiannon --- "The Schleswig-Holstein Question Of The Criminal Law Finally Resolved? An Examination Of South AustraliaS New Approach To The Use Of Bad Character Evidence In Criminal Proceedings" [2013] Flinlawjl 3; (2013) 15(1) Flinders Law Journal 55 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/FlinLawJl/2013/3.html Publications By Tyrone Kirchengast (2016) UNSW Law https://www.law.unsw.edu.au/profile/tyrone-kirchengast/publications Publications By Tyrone Kirchengast (2016) UNSW Law https://www.law.unsw.edu.au/profile/tyrone-kirchengast/publications Simpkins, Justin --- "Determining Probative Value: Considerations Of Reliability And Credibility" [2013] Nswbarassocnews 42; (2013 Winter) Bar News: Journal Of The NSW Bar Association 12 (2016) Austlii.edu.au https://www.austlii.edu.au/au/journals/NSWBarAssocNews/2013/42.html Speeches By The Hon Murray Gleeson - High Court Of Australia (2016) Hcourt.gov.au https://www.hcourt.gov.au/publications/speeches/former/speeches-by-the-hon-murray-gleeson Tarrant, Stella, "Building Bridges In Australian Criminal Law: Codification And The Common Law" (2013) 39 Monash University law review https://research-repository.uwa.edu.au/en/publications/building-bridges-in-australian-criminal-law-codification-and-the-common-law(a7f43c83-62e3-42b3-b99b-e88f7ce5f915)/export.html Uniform Evidence Law / Stephen Odgers | National Library Of Australia (2016) Catalogue.nla.gov.au https://catalogue.nla.gov.au/Record/5972040
Wednesday, December 4, 2019
Psychology Opinion Paper Essay Essay Example
Psychology Opinion Paper Essay Essay There are a sum of six attacks to psychology covered in chapter one. these six attacks include: neurobiological. behavioural. humanistic. psychoanalytic. cognitive and socio-cultural attacks. Of these six attacks Iââ¬â¢ve found the neurobiological and socio-cultural attacks to be the most persuasive and credible for my personal positions. The Neurobiological attack in psychological science is defined as sing behaviour as the consequence of nervous system maps and biological science. I believe strongest in the Neurobiological attack because the obvious physical alterations and processes your organic structure creates under specific conditions are on a regular basis seen. in times of relaxation. fright or anything in between. In mundane life my ain behaviour is normally the consequence of Neurobiological behaviour. I believe that our internal maps have about complete control over our actions and determinations. An illustration of a Neurobiological action in behaviour can be seen when I was late I was calmly resting on my bed and all of a sudden I saw a centipede creep across my tummy ; instinctively my organic structure and head reacted by get frightened ; making a racing bosom round and my nervous system went into its flight inherent aptitude which caused me to leap off from the marauder and stop up with a bite on the side of my waist. We will write a custom essay sample on Psychology Opinion Paper Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Psychology Opinion Paper Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Psychology Opinion Paper Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Another illustration of Neurobiological behaviour becomes apparent in person who commonly maltreatments drugs such as Ecstasy ( MDMA ) . which is known to do alterations to the brainââ¬â¢s chemical science. specifically the 5-hydroxytryptamine degrees. The depletion of serotonin degree in the encephalon frequently seen with common Ecstasy usage frequently can be seen as a cause of depression in some people. That is non to state that other factors do non lend to depression but this is merely one illustration. This merely merely proves that it is non merely the outside universe that affects our behaviours. I steadfastly believe that many of our picks in life are affected extensively by our biological composing. The following attack in psychological science that I peculiarly agreed with was the sociocultural attack. This attack by definition agencies that behaviour is viewed as strongly influenced by regulations and outlooks of specific societal groups or civilizations. I believe that this issue is besides really dominant in impacting the manner we behave. Populating in Hawaii. which happens to be a really culturally diverse province allows be to see many different life styles and behaviours all combined into one country. The school that I attend is highly multi-cultural pupils are Tongan. Hawaiian. Nipponese. Caucasic. Filipino. Spanish and so on. With such a huge array of civilizations all life in one country one can easy detect the different positions. criterions. linguistic communications. ends. and activities that are influenced by oneââ¬â¢s cultural and cultural background. Besides falling under the sociocultural attack is how people act and based chiefly on the societal behaviour of their equals or the society in which they live. It is particularly common for striplings to follow something that they normally would non make merely because it is ââ¬Å"coolâ⬠and it appears ââ¬Å"everyone is making it. â⬠In my sentiment. I think that most drug usage and other inappropriate behaviour stems from this theory that people make determinations based on their outside influences.
Subscribe to:
Posts (Atom)