Law of evidence Case Study Example | Topics and Well Written Essays - 2000 words

Law of evidence - Case Study Example We have been told that in the question that the judge has already given a direction that, pursuant to section 34 of the criminal justice and Public Order Act 1994, a proper inference could be drawn from Billy's silence at interview. If this is allowed to continue without being challenged in appeal the effect of it will be that the court will allowed to infer "what is proper" from Billy's silence at the court where he has failed to mention his epileptic state and the factum of the argument he had with the deceased prior to the death.However at this point we have not been told whether he was placed under a caution or not. This is important because Section 34 only applies where an interview under caution takes place, so the court will not be able to draw an inference if for example Billy had declined an invitation to attend an interview under caution. In the case of R v Argent1,the Court of Appeal was of the opinion that six criteria had to be met before such a direction could be given. In Billy's case that would be According to the case of R v Milford2,the phrase "in the circumstances" will be interpreted to take into account the time of the interview and the mental and physical state of Billy. This alone could be a basis of appeal as Billy can base his silence on his epileptic state. However the facts point out that he remained quiet based on his solicitors advice. A substantial part of the discussion is thus devoted to this fact and whether the court will take silence based upon the Solicitor's advice into account. It was also noted in the case of R v Milford 3 "fact" will be denoted its literal meaning based on any premises and explanations that the Billy could give for his involvement in the allegation of murder which could convict or absolve or mitigate his liability. In this regard it is worth noting that the recent case law does not support his grounds of appeal.In the case of R. v Lowe (Paul) 4the appellant appealed by way of reference by the Criminal Cases Review Commission under the Criminal Appeal Act 1995 s.9 against the dismissal of his appeal5 against conviction it has held that the judge's direction to the jury in relation to the application of the Criminal Justice and Public Order Act 1994 s.34 could not be appealed despite the fact that the judge had wrongly summed up to the jury that the defendant was under no obligation to answer any questions and that he had a right to silence, and the fact that he appeared to have been indicating to the jury that silence in interview should allow the jury to draw adverse inferences from the silence. It will have to be seen in Billy's case then that the only way out for this appeal ,basing my advice on the ratio of Argent (Brian)6

Government Spying Essay Example for Free

Government Spying Essay Austin Bryan Period-1 http://www.globalsecurity.org/intell/library/news/2006/intell-060101-voa01.htm In some instances, governments believe that it is okay to spy on their citizens in order to preserve their freedom. I personally find this concept to be absurd. Living in a country that’s history is founded upon freedom of its citizens, and escaping oppression of tyrant governments, leaves me very skeptical on this concept. I believe that if the government is spying on its citizens it is actually taking away their freedom rather than preserving it. Living in an era of increasing technology has made it much easier for a government to spy on its citizens. Because of this, it has become a problem in many places around the world. Think about back in elementary school when you had pen pals from other countries. How would you feel if the government was able to intrude on your personal life just because you made contact abroad? For us in America, a government spying on its citizens sounds pretty crazy right? In 2006 president Bush did just that by enabling a â€Å"Government Phone Tap†. President Bush thought in order to preserve citizen’s freedoms that is was justified to tap into people’s phones and emails. The only people that were supposed to be the recipients of phone tapings where those who were making calls abroad, particularly to suspected al-Qaida connections. Not only is this a complete violation of peoples constitutional rights and privacy, but Bush also neglected the need for a warrant in this instance. To this day many immigrants from other countries come to America seeking asylum from oppressive governments. America is supposed to be a safe haven where people’s rights and privacy are protected under the constitution. Acts of government espionage upon its own citizens like this are completely unacceptable. I believe that the only way from a government to protect its citizen’s freedom is to respect everyone’s freedom regardless of circumstances.

Nonverbal Use Of Gestures

Nonverbal Use Of Gestures People express themselves nonverbally with the use of gestures (Archer 80). For instance, doing an A-OK sign by making a circle with ones index finger and thumb is an expression of approval to most Americans. When former U.S. President Richard Nixon deplaned in Caracas, Venezuela in 1956, he flashed two A-OK signs with his fingers to a group of demonstrators and caused a riot to erupt. The former President was later briefed that the meaning of the A-OK sign to Americans was equivalent to raising the middle finger to Venezuelans (Moran, Harris, and Moran 63). Despite being a crucial tool in effective communication, the meaning of nonverbal signals or gestures that people apply varies across different cultures. Hence, gestures are often misinterpreted. The silent signals attached to nonverbal communication are revealing. They can tell us motives, emotions, and feelings such as indecisions, honesty, joy, frustration, approval, anger, and many more (Goman). Being able to catch the meaning of the tiniest gestures that people make is important in everyday interpersonal communication and especially in the business world. Knowing what offends and what does not, what is proper and what is not, is an edge that individuals must be equipped with if they are to succeed in this competitive world (Stolte). Now that we live in a globalized world, diversity is a reality that all face and cultural differences in gestures need to be understood if we are to promote harmonious and effective communication. This paper presents cultural differences in gestures and nonverbal signals that have been studied or revealed in literature. Different Gestures, Different Meanings Subtle nonverbal practices or actions need to be understood because they have the possibility of offending others. The use of fingers, hands, and feet The thumbs-up sign which equates to Great! in the U.S. has a different meaning in other countries. In Australia, Bangladesh and Nigeria, this gesture is considered insulting (Kohl). In South Asian countries, gesturing to someone to accompany him to where he or she is supposed to sit down should not be made using the index finger in order to point to the location. This gesture is applicable only to animals. The polite way to beckon individuals to their seats is to bow slightly and with the back of your hand, indicate the place which you wish them to sit (Goman). Hailing a taxi cab could get different results depending on how you raise the palm of your hand. When you hail a cab with the palm of your hand raised, Asian cab drivers will interpret it as an aggressive gesture. In order to hail a cab properly and politely, the back of the hand must be held at the thigh level (Jones 4). Another source of difference in interpretation is the use of fingers (Stolte). Generally, when one hold up two fingers in the air, this means two. While this may seem a universally true interpretation, it means differently in other countries. Germany and France interprets the holding up of two fingers as three; therefore, tourists who order beer using this gesture will always get three beers at a bar in Germany. In both countries, counting always starts with the thumb. Hence, when Americans and Canadian use two fingers to count (also to say Peace!), the Germans and French will count two by using their thumb and a finger (also interpreted as a gun). Australians indicate time to drink up by folding three fingers of the hand against the palm, leaving the thumb and little finger sticking straight up and out. The same gesture means six in China (Jones 4). Another source of confusion is how to use the fingers and hand to call the attention of someone (Moran, Harris, and Moran 64). For instance, calling the attention of a waiter or waitress is done differently in different countries. In North America, all you need to do is to say Miss, or Sir, raise a finger or tilt your head to one side to call attention. Snapping ones fingers is considered impolite and disrespectful. In China and other Asian countries, the same task is accomplished by clinking a cup or a glass with your ring or a spoon. In Middle Eastern countries, clapping hands achieves the same result. In Japan, calling attention requires extending your arm slightly upward, palm down, and fluttering your fingers. In Spain and Latin America, people extend their hands, palm down, and then rapidly open and close their fingers (Jones 4). Handedness is also a source of confusion. All Muslim countries and some Asian nations consider the left hand as dirty and sinister, hence, using the left hand in receiving or presenting objects is frowned upon. The left hands use is for toileting and hygiene and is hence considered filthy (Jones 4). When taking food or other materials, one must always use the right hand (Goman). In Muslim countries, meals are communal gatherings and people scoop ones food with flat bread from a bowl found on the center. People sharing the food always use their right hand in scooping viand from the bowl. In Asian countries, using the right hand is the polite way of interacting with others. It is so because the right hand is the more dominant and adroit hand. When presenting or receiving a gift or any material however, Asians generally use both hands to signal ones appreciation for the goodwill (Jones 2). Shaking hands does not have a universal meaning or interpretation. In fact, the shaking of hands is particularly Western (Kohl). When dealing with other cultures, the rule is to never assume that the person in front of you or beside you is willing to shake your hand. Another rule especially true in Islamic countries is to never shake a womans hand. Another rule is not to shake someones hand unless that person extends his or her hand first (Goman). This is why some Americans who offer to shake someones hand upon first meetings are considered invasive and arrogant (Early and Ang 21). There are also ways in which shaking hands must be performed. For women in Asian countries, shaking hands means touching each others hands in a gentle manner. Even among men, the bone-crushing grip that is used by Western men when they shake hands is frowned upon in Eastern countries and is considered aggressive. Men of the Middle East and Asia simply brush their palms, which most Western men may find effe minate but for the former constitutes superior breeding and proper manners (Jones 3). A pat in the head or in the back is not similarly interpreted in different countries. In the US, patting the head of a small child is interpreted as affectionate. This gesture would be frowned upon in Malaysia and other Islamic countries because they believe that the head, being the source of spiritual and intellectual powers of a person, should be untouched (Early and Ang 22). Moreover, how Americans slap each other in the back to express camaraderie, delight, or to offer congratulations is not proper in Asian countries. This gesture would be considered aggressive and improper (Jones 5). Gestures that use the foot also hold different meanings for different cultures. In most cultures, such as in Asia and the Middle East, the sole of the foot is filthy and should be covered. Exposing the soles of the feet is disrespectful and insulting. Arabs usually direct the sole of the shoe toward the floor and do not do the typical leg-crossing of Western men where the calf or ankle of the crossing leg rests on the thigh of the other leg (Goman). In addition, among the people of a Laos tribe, when a woman taps the tap of a gentlemans foot with hers, she is indicating her desire to have sexual intercourse (Jones 5). Eye Contact Eye contact is very important in the West. Avoiding direct eye contact as seen in the movies is one way of detecting whether someone is lying (Goman). Hence, in Western culture, anybody who fails to maintain good eye contact is considered suspicious (Kohl). Other interpretations of people who avoid direct eye contact are unfriendly, insecure, untrustworthy, inattentive, and impersonal (Moran, Harris, and Moran 63). Conversely, avoiding ones gaze is a gesture of respect and of knowing ones place in Asian culture (Jones 3). For instance, Japanese children are socialized in school to focus their gaze on someones tie knot or an Adams apple. In China and in Japan, adults lower their gaze when speaking to a superior as a gesture of respect. In Latin American cultures and some Africa cultures, such as Nigeria, prolonged eye contact from one individual of lower status is considered disrespectful (Moran, Harris, and Moran 63). Staring is considered very rude in America while staring in China and other countries just indicates mere curiosity over someone and is not considered impolite or disrespectful (Kohl). In England, people are taught to pay strict attention to a speaker, to listen carefully, and to blink ones eyes to indicate comprehension or that one is listening. Americans signal interest and comprehension by bobbing their heads or grunting. A widening of the eyes can also be interpreted differently. For example, take the case of an American and a Chinese discussing the terms of a proposed contract. Regardless of the language in which the transaction is carried out, the U.S. may interpret a Chinese persons widened eyes as an expression of astonishment instead of its true meaning of politely suppressed Asian anger. (Moran, Harris, and Moran 64). Touch Recent studies reveal differences across cultures on the amount of touch applied and whether touch is displayed in public or in private (Early and Ang 78). For instance, in Tonga, when couples or families are parted, they weave their arms around one another, pray, and chant. Europeans usually lock in an embrace or share a passionate kiss publicly. Koreans do not use touch publicly. Moreover, it is customary for Austrian men to kiss the hand of a lady recently met in a restaurant and to go far as walk her to her table. While some cultures may find this disturbing or offensive, this is considered polite manners in Austria (Kohl). Interpreting Gestures One of the most significant studies on gestural difference across cultures was conducted by Dane Archer in 1997. Basing his data on a documentary made on people from various parts of the globe taking U.S. English as a Second Language, he provided a detailed inventory of some of the most commonly misinterpreted gestures from cultures all over the world. While errors are almost always forgiven, misinterpretation of gestures often leads to irritation, annoyance, and frustration among persons communicating. Below is an inventory of the gestural differences (Archer 81): 1. Good-Bye = Come Here (Japan) 2. Good Luck (U.S.) = Screw You (Iran) 3. Good Luck (U.S.) = Boyfriend (Japan) 4. Screw You (U.S.) = I Dont Believe You (Uruguay) 5. Im Angry (Nepal) = You Are Afraid (Mexico) 6. OK (U.S.) = Money (Japan) 7. OK (U.S.) = Sex (Mexico) 8. OK (U.S.) = Homosexual (Ethiopia) 9. Killed/Dead (U.S. throat slash) = Lost a Job (Japan) 10. Homosexual (U.S.) = Henpecked (Mexico) Conclusion Globalization has also meant respect, tolerance, and understanding of diverse cultures. The use of body language, hands, eyes, feet, fingers, and touch mean something to one culture and differently to another. As communication becomes increasingly intercultural, the need to be informed of how nonverbal communication across cultures vary enable us to be careful of what we say, how we use gestures, and how we apply nonverbal cues in order to get our message across effectively.

decriminilization of marijuana Essay -- legal cannabis

Every year our government spends more than nineteen billion dollars to eradicate it’s use in the United States. About seventeen thousand people were arrested last year because of it. We spend twenty thousand dollars a year per inmate to hold these jailbirds captive. Who are these dangerous criminals you ask? Stoners.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  One argument against the decriminalization of marijuana is why would we want to introduce another intoxicant into our society when alcohol and cigarette smoking is already so damaging? Marijuana is far less harmful to the body than cigarettes. Not to mention while it may be potentially habit forming, it is not addictive. When comparing marijuana to alcohol the differences are obvious. I would much rather be in an argument with guy that has been smoking joints all night than some dude who has spent all night pounding shots of tequila. Alcohol can alter a persons common sense. Despite this, our government trusts us with the burden of drinking responsibly.   Ã‚  Ã‚  Ã‚  Ã‚  Over seventeen thousand arrests are made regarding cannabis a year. Almost ninety percent of these arrests are for simple possession, not trafficking or sale. This is an inappropriate use of valuable law enforcement resources that should be focused on more serious and violent crimes. I don’t know about you, but I would rather have a midnight toker for a neighbor than a midnight stalker. The spending of government money needs to be reevaluated. Our government needs to take a step back and admit they were mistaken to think they could successfully discontinue the use of marijuana. â€Å"You cannot have illegal what a significant segment of the population in any society is committed to doing. You simply cannot arrest, prosecute, and punish such a large number of people, particularly in a democracy† (Incardi 285). Ultimately it is not the role of the government to tell it’s adult citizens what risks to take. Bicycles kill ten thousand people a year and yet no one is proposing to make them illegal.   Ã‚  Ã‚  Ã‚  Ã‚  There are benefits of legalizing marijuana, both for the government and society. One of these is that the marijuana market could be government run. The black market would be abolished, saving lives and redirecting the profits from the drug dealers’ Escalade’s new rims to the be... ...ortant. It is time we allow the many health benefits of marijuana to be utilized by those who need them. It is time we realize there are different cost effective, environment friendly and efficient ways of producing many of our most used products. All we can do is hope our government comes to its senses soon. Works Cited Page Baxter, J.W. Growing Industrial Hemp In Ontario. 27 November 2004. http://www.gov.on.ca/OMAFRA/english/crops/facts/00-067.htm Gray, Judge James P. Why Our Drug Laws Have Failed and What We Can Do About It. Philadelphia: Temple UP, 2001. HempNation. 27 November 2004. http://hempnation.com/ Incardi, James A Handbook of Drug Control in the United States. Westport: Greenwood Press, 1990. Marijuana: Fact and Fiction. 27 November 2004. http://marijuana.drug-culture.com NORML National Organization for the Reform of Marijuana Laws. 27 November 2004. http://www.norml.org/ Scannel, Kate. Bush’s Painful Obsession With Medicinal Pot. American Alliance for   Ã‚  Ã‚  Ã‚  Ã‚  Medicinal Cannabis, The Oakland Tribune 27 November 2004.   Ã‚  Ã‚  Ã‚  Ã‚  http://www.letfreedomgrow.com

Lucas v Dole Essay

In the Fall of 1987, plaintiff Julia Lucas appeals the dismissal of her job discrimination suit. Lucas, a white woman, argues that she was the victim of reverse discrimination when Rosa Wright, a less qualified black woman, was promoted to the Quality Assurance and Training Specialist position at her job. The judge dismissed the claim, finding that Lucas did not make out a prima facie case (Open Jurist, 2011). Statement of the Problem Both Julia Lucas, a white woman, and Rosa Wright, a black woman, work for the Federal Aviation Administration (FAA). They both applied for Quality Assurance and  Training Specialist (QATS) positions at the Flight Service Station in Leesburg, Virginia. Both women, along with nineteen other applicants, were qualified for the two positions that were available. Edward Dietz, the official who interviewed the top four applicants, selected Rosa Wright and another woman named Sharon Hall as the best candidates to fill the positions. Edward Dietz did not consider Julia Lucas. Lucas believed she was reverse discriminated and took the case to court (Open Jurist, 2011). Findings of Fact It was verified that although FAA determined that all nineteen applicants were ualified, Wright did not have a current Pilot Weather Briefing Certificate at the time of her selection, a QATS job requirement. Lucas presented other evidence in order to show discrimination. She testified to the subjective nature of the interviewing process, which consisted of five general questions concerning the QATS position. She presented Lucas v. Dole 3 evidence that her answers were detailed and job specific, while Wright’s were broad and could apply to many jobs. Evidence also showed that in July 1985, Wright was given a temporary position involving education and training of students learning about the air raffic control system. The temporary position was not advertised to other workers in the customary way, and Wright was selected before some workers knew of the opening. Five other employees also testified that race may have been a factor in the selection of Wright and in other situations at the Leesburg facility. Favoritism there had helped create poor labor-management relations, although it is not clear whether the favoritism was racially motivated. The last piece of evidentiary support Lucas had was the comparison of her own professional experience and qualifications with those of Wright (Open Jurist, 2011). Impact in the Workplace Reverse discrimination is a controversial form of discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group† (Wikipedia, 2011). Whether discrimination is reversed or not, Conclusions The judge dismissed the case, finding that Julia Lucas did not make out a prima facie case. In other words, it was not â€Å"based on the first impression; nor was it accepted as correct until proven otherwise† (Wikipedia, 2011). A prima facie case of unequal treatment by direct or indirect evidence of discrimination is under the McDonnell Douglas framework. To establish a prima facie case under the McDonnell Douglas framework, a plaintiff must show (1) she is a member of a protected group; (2) she applied and was qualified for a job that was open; (3) she was rejected, and (4) the job remained vacant. Lucas satisfies the basic requirements of McDonnell Douglas, except that the job did not remain open. In her testimony, Lucas admitted that she scored in the bottom third among the interviewees, and that those above her included blacks, whites and Hispanics. In conclusion, there was no evidence that racial discrimination was involved in Rosa Wright’s promotion. (Open Jurist, 2011).

Animal Cruelty Essay

Animal cruelty is the crime of inflicting physical pain, suffering or death on an animal. Society has become a dreadful place for animals where humans can no longer be trusted because of their incongruous behaviour. The animals of the world exist for their own reasons; they were not made for humans to abuse and experiment, however, society has become decayed and inhumane. In the poem ‘Foxes among the lamb’ Ernest G. Moll demonstrates how the farmer poisons the foxes and leaves them to suffer and eventually die. When individuals glance at an animal they judge them as aggressive creatures. The visual poster portrays how animals are innocent and vulnerable creatures to society. ‘The Panther’ by Rainer Maria Rilke displays how animals should not be locked up in cages. Animal cruelty, the abominable way humans treat animals, reflects our decaying society, one that seems to be losing its humanity due to the sadistic nature of humans who lack empathy for others. The poem ‘Foxes Among the lamb’ portrays how foxes eat the lamb and how the farmer acts in an inappropriate abhorrent way. This behaviour is illustrated through the metaphor ‘gift’ which demonstrates the poison that the farmer gives to the foxes to die in a beastly bloodcurdling death. Furthermore the personification ‘Half-frightened eagerness of hate’ presents how the farmer is anxious and determined to kill the foxes and how eager the farmer is to manipulate the foxes. The composer’s use of alliteration â€Å"this time then†¦ † this proves how the farmer had to pause and pay attention to make sure that the fox had died. Therefore, humans can no longer be trustworthy among animals because of their antagonistic behaviour which imitates our society. Recognising animal rights will result in an individual having deep respect for animals. The visual poster indicates the innocence of animal and why humans should look after them as well as treat them in a respectful way. The background of the poster represents the manifestation of the dog delighted to be free and not stuck in a cage. It also reveals the dog in a park where he could run around and not locked up. The first thing an observer sees on the poster is the salience of the dog that looks harmless, healthy and blithe. When the audience beholds this, their first impression would be to save these helpless animals. The only thing that animals have done to humans is becoming man’s best friend. Finally, close up shot of the dog has been used to show the guiltlessness and exploitation of animals. This effect makes the audience focus their attention on the animal’s expression, to show the significance of animals and the way society has become an appalling place for them. Hence, humans have to earn the respect and treat animal just like the way they would like to be treated because animals too have a soul and emotions. Animal cruelty is locking animals in cages and keeping them as captives to satisfy and amaze people that are sadistic. The poem ‘The Panther’ conveys how a panther is locked up in a cage in the zoo to astonish people and how the panther feels about having no freedom. The use of imagery in the first stanza â€Å"his weary glance from passing by the bars,† portrays how the panther is tired of looking outside and exhausted of waiting for his liberty. Moreover, hyperbole is revealed in â€Å"only to sink and die within his heart. † This emphasis the sadness and reaction of the panther’s being lonely. In stanza two the simile â€Å"The iron bands is like a dance,† this emphasis how the panther is aware of everything around him but he just really wants to get out of the cage and be free. Thus, humans should not steal the freedom of animals because they too have the right to live their own life. In conclusion, humans have become violently atrocious and antipathetic that they no longer can be reliable in the animal world. This is evident in the text ‘Foxes among the Lamb,’ ‘The panther’ and the visual poster. Continuing to abuse animals and trying to manipulate them will only lead to a decayed society because of our irresponsible actions.