Thursday, October 31, 2019
DNA Fingerprinting Research Proposal Example | Topics and Well Written Essays - 2000 words
DNA Fingerprinting - Research Proposal Example Jeffreys began at the simplest, by detecting single copies of the genes and the phenomena of introns. It was this research that introduced the genuine concepts of restricted fragment length polymorphism or RFLP.(Newton, 2004, np) By this technique it was possible to divide the DNA in to smaller pieces, which in turn led to discovery of SNP or single nucleotide polymorphism. The SNP became a designation for points in DNA that show variation in the nucleotide arrangement, which prevents their cutting. These two discoveries were going to affect the entire future of the genetic technologies. (Newton, 2004, np) The discovery of the DNA printing made it an exclusive fact that humans differ substantially from other life forms, a notion he had pride on for many millennia. Now DNA finger printing is a common house hold concept, as people know that in order to identify someone, a small trace of him or her is required in the form of hair, fingerprint, semen, saliva etc. Jeffreys studied the variations in the human DNA, and focused on those variations that would come up in repeat DNA sequences. This research led him to conclude that no two DNA strands can be the same, and act as genetic "fingerprints" to the person.(Sir Alex Jeffreys, 2007, np) The finding again was augmented by data derived from experiments on seal myoglobin genes, where the phenomena of mini-satellites in human genome was discovered. This was a major breakthrough in the start of the research of genetic fingerprinting. (Sir Alex Jeffreys, 2007, np) Mini or micro satellites are located on the non-coding DNA, and it is this DNA th at accumulates random variations at faster pace than the coding DNA. Many of these non-coding DNA genes are gene regulators, but a significant amount does not contain any information at all. These "junk DNA" are essentially the phenomenon which is known as the micro-satellites. The micro-satellites contain short and repetitive DNA sequences within the sequence. Usually their location is easily predicted, however, this sequence repetition is variable in every individual.(Olson, 2006, np) It is the micro-satellites that are cut when DNA fragmentation results, which lead to various lengths of band formation or RFLPs.The main concept behind this individuality of specie within itself is the arrangement of base pairs in the DNA. This arrangement difference is what differentiates species and animals and plants, as well as persons from each other. Therefore, every DNA sequence is unique. The DNA sequence in one organism will be the same in all of its cells, whether unicellular or multi-cell ular. The number of base pairs is different in every species, along with its configuration, which differentiates the various species from each other. (Antler, 2003, para 1) DNA fingerprinting is now being used in many fields of common life and advanced genetic researches. One of the most interesting areas is the diagnosis of inherited disease within an individual. It is now a known fact that humans inherit many illness genes, which are contributory in progression of the disease. Ethical issues aside, in prenatal and newborn infants, this technology can be used to identify any inherited disorders that they may be carrying, and institute treatment should the need arise. Due to the increased involvement
Tuesday, October 29, 2019
139 DB wk6 Quail Essay Example | Topics and Well Written Essays - 250 words
139 DB wk6 Quail - Essay Example Well-situated business must be accessible to clients at all time. Daily time to spend in the premises to that at home with family also affect the business choice. Due to my interest in food industry, dedicating more than half of the day in the business should not be a problem. Capital invested in restaurant business is medium meaning lower risk. In addition, pay attention to laws governing this type of business and competitors around and ways to deal with any challenge. Check the financial statement of the business of interest to ascertain if there are any loans under the name of the business. Further information from an auditing company on the financial state of the business is important in determining profitability. Tax return for five years will be helpful in determining profitability. Cheap source of ingredients is another factor to consider. First, determine the value of the infrastructure and any added material used in the business. Then determine the value contributed by the name and values contributed by the employees. From this point, determine net value of the business based on expected future profit. To determine profitability then consider tax return for the past three to five years and the profit margins that affect its growth potential. Consideration for competition from other similar businesses around is another factor that affects growth
Sunday, October 27, 2019
Discrimination for Terrorism Offence Suspects
Discrimination for Terrorism Offence Suspects Title: ââ¬Å"The case for discriminatory treatment of persons suspected of terrorism offences- a research study to test the adequacy of the current procedural safeguards that are in place in the UK to protect terror suspects from abuses of due process and breaches of human rights legislation. Abstract: This paper provides a literature review of the latest research which has been conducted in the UK on the due process rights of terror suspects, with a view to determining (i) how susceptible such suspects are, in practice, to abuse of their legal rights by the Police, Security Services and Criminal Justice System; and, (ii) to what extent it is justified to introduce a framework of enhanced procedural protection to mitigate their inherent vulnerabilities. The Structure of the Paper: In chapter 1 of this paper, the concept, legal basis and legal nature of due process will be examined. In particular, the author will examine the historical development of the legal principle, its nature as a procedural safeguard and its legal basis as a constitutional and/or human right. In chapter 2 of this paper, the author will examine the criminal justice mechanisms in place to deal with terror suspects, from initial arrest to criminal prosecution, with a view to determining the extent to which terror suspects are (potentially) more vulnerable to the risks of procedural undue process, within the criminal justice system, than non-terror suspects. In chapter 3 of this paper, the author will identify those risk factors which are unavoidable, such as the national security and other requirements for evidential opacity and those which are historically reported but which have no direct relationship with the nature of the crime being investigated. In chapter 4 of this paper, the author will critically evaluate the adequacy of the existing procedural safeguards which are in place to protect terror suspects from abuse of due process. In chapter 5 of this paper, the author will (tentatively) propose a framework of enhanced procedural safeguards specifically designed to protect terror suspects from abuses of due process. Initial Terminology: Terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence which pertains to terrorist activity. Non-terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence, unrelated to terrorism. Due process- Due process of law. Undue process- This phrase refers to an instance where due process has not been adhered to, i.e. an abuse of due process. In this chapter, the concept, legal basis and legal nature of due process will be examined. In particular, answers to the following questions will be provided: 1. What are the origins of due process in England and Wales? 2. What is due process? 3. What are the philosophical and/or theoretical justifications for the existence of due process? 4. What is the legal basis for the existence of due process? 5. Can due process be regarded as being constitutional, at law? Why is this question relevant to the current debate? 1. What are the origins of due process in England and Wales? It is beyond the scope of this paper to engage in an in-depth historical analysis of the development of the concept of due process. However, it is important that we glean an understanding of the age of the concept, so that we can appropriately contextualize its importance within the debates of this paper. For this reason, and out of interest, the author will provide a (very) brief summary of the origins of due process in England: In the United Kingdom, the concept of due process has its origins in Chapter 9 of the Magna Carta of 1215[1], which stated: No free man shall be taken or imprisoned or disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgement of his peers or by the law of the land. Analysts have fucussed on varying elements of this passage from which to derive the concept of due process. Galligan (2006) p171 provides a useful summary of the main analyses: ââ¬Å"The important part is the exception, especially the words by the law of the land (legem terrae). On first reading it might seem that the significant words are judgement of his peers, since they suggest a foundation for trial by jury. Jury trials, however are a long way into the future and have different origins. The more likely meaning of the expression judgement of his peers is the right of a noble to be judged by his equals, which in turn carries some suggestion of a fair trial. This certainly has procedural connotations, but the search for a fuller sense of due process is usually directed at the words the law of the land That idea is vague enough to support different meanings, and certainly it is not improbable to suggest, as some have, that it contains at least the kernel of due process.â⬠It is interesting to note that the phrase due process or, more correctly stated, due process of law, was not coined until 1354, in King Edward III of Englands statutory rendition of the Magna Carta[2], which stated: No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.[3] Let us now turn to consider what is mean by due process of the law. 2. What is due process? In the United Kingdom, due process refers to the procedural concept that any person, who is in a position where one or more of his or her protected interests are being deprived[4], is entitled to be treated fairly by the procedure of the law to ensure that the deprivation in question is justified. There are six broad aspects of procedural due process which are often cited: (1) Notice; (2) Hearing; (3) Impartiality; (4) Counsel; (5) Evidence; and, (6) Decision. Let us discuss each of these procedural requirements in turn: (1) Notice Under procedural due process, an individual is entitled to be given adequate notice of any prospective criminal law proceedings in which he or she will be summoned as a defendant. This is to give the defendant sufficient time to seek advice in regard to his or her available legal options. (2) Hearing Under this aspect of procedural due fairness, before the property or the liberty of an individual is deprived from him or her, he or she is entitled to demand a hearing at which his or her case will be heard and a decision reached in regard to whether the prospective deprivation is justified. Galligan (1996) p349-350 provides a succinct description of the main virtues of upholding the hearing principle: [A] virtue of the hearing principle is that it contributes to better decisions and actions, better that is, in the sense that the facts are decided accurately, the law applied properly, and any discretionary judgements reasonably made. This is so for a number of reasons. One is that the person whose situation is under scrutiny, whose past actions or present circumstances are in issue, will often be able to provide information about the situation which is not otherwise easily available Another reason is that the person affected by a decision may be able to raise other considerations, a part from purely factual matters, which help to shape the decision and perhaps, in that way, contribute to a better outcome. (3) Impartiality This aspect of procedural due process states that the tribunal of decision-makers in a legal hearing must be made up of persons who are wholly impartial towards the defendant, i.e. they must not have any predispositions towards the defendant. The purpose of this procedural requirement is to ensure that any decisions reached by a hearing tribunal are based upon the facts at hand rather than any extraneous and/or irrelevant considerations. Where for example, a decision-maker has had previous personal or business dealings with the defendant, then he or she should, in the interests of procedural due process, resign himself from the hearing of that defendants case, as he cannot be considered impartial. There are many other examples of circumstances under which a decision-maker might not be deemed impartial, but the general rule is that the impartiality of a decision-maker who is pre-disposed towards a defendant prior to the criminal hearing being held must be considered compromised. (4) Counsel Under the doctrine of procedural due process, a defendant is entitled to be given free access to legal representation if he or she is unable to afford or unwilling to provide his or her own representation. The rationale for this aspect of procedural due process is self-evident: It would be grossly unfair to allow a defendants property or liberty to be deprived from him or her without being able to present his or her defence in its best light and most effective legal form- without legal representation it is likely that a defendant will be unable to meet this requirement of fairness. (5) Evidence In order to ensure that a defendant is able to present the most effective case at a criminal hearing, it is not only imperative that he or she has access to all of the evidence that the prosecution will be seeking to rely upon but also imperative that he or she or his or her legal representatives are given an opportunity to conduct their own investigations to acquire evidence which will assist the case for the defence. For one example, a defendant may wish to instruct the services of an expert witness to refute the accuracy of DNA tests which were conducted by the police on behalf of the prosecuting authority. An eloquent summary of this procedural requirement has been provided by the Pennsylvania General Assembly (2006) p45: Especially in cases where a decision rests on questions of fact, it may be necessary to provide an individual not only with the ability to confront and cross-examine adverse witnesses, but also the opportunity for discovery, i.e., investigation and accumulating evidence, in order to give him or her a chance to show that the facts upon which the proposed deprivation is based are untrue. (6) Decision This aspect of procedural due process demands that upon reaching a decision which adversely affects a defendant, for example a decision depriving him or her of his or her property and/or liberty, the decision-making body must not only provide the reasoning for their decision (the ratio descendi) but must identify which pieces of evidence they relied upon to reach their final conclusions. 3. What are the philosophical and/or theoretical justifications for the existence of due process? The importance of the existence of consistent procedures to any legal system cannot be underestimated. As Galligan (1996) p5 notes: Without procedures, law and legal institutions would fail in their purposes. And since law is both necessary and desirable in achieving social goals, procedures are also necessary and must be seen as equal partners in that enterprise. For whatever the context, whether the judicial trial, the administrative decision, or any other form of legal process, procedures are necessary to ensure that the issue is channelled to its right conclusion. Whether the object is to apply a legal standard to the facts, to exercise discretion according to the correct matters, or to settle a dispute by bringing the parties together, procedures have a vital part to play. Let us explore some of these contentions in more detail. One of the fundamental theoretical bases for the insistence of maintaining due process within a legal system is the ââ¬ËRule of Lawââ¬â¢. While it is beyond the scope of this paper to engage with the multitude of different definitions and propositions which have been promulgated under the umbrella of this phrase, it should be noted that one of the basic (and universal) tenets of the Rule of Law is that individual freedoms and liberties should be protected from the Stateââ¬â¢s abuse of its constitutional powers. As Urabe (1990) p61 notes: ââ¬Å"[T]he core of the Rule of Law, which has been supported consistently as a fundamental principle of the English and American constitutions, is that governmental power be bound strictly by law in order to protect individual freedom or liberty. The law exists to protect individual rights and liberties both in substance and procedure.â⬠Lon Fullerââ¬â¢s understanding of the Rule of Law provides some further insight into the theoretical justifications for due process. As Raitio (1003) p143 notes: ââ¬Å"Fuller required that laws should be prospective in application, they should be published and they should comprise clear general rules, which are neither too individualized nor too general and vague. There should be reasonable constancy and consistency among laws, i.e. laws should not be changing all the time, they must not contradict each other and they must not require citizenââ¬â¢s to do the impossible. The conduct of legal officials has to be congruent with the laws, as laid down, which in turn requires that the officials owe the same respect to the same laws as the citizens.[5]â⬠On this basis, one of the fundamental justifications for the existence of due process is to ensure legal certainty in the way that the procedure of the law is applied and followed. By ensuring that procedure remains consistent, not only can individuals be more certain that they are receiving a fair trial, for example, but they will be more aware when their rights are being infringed, and can take the necessary remedial actions, accordingly. Before we move on to examine the various legal bases for modern due process, a few words should be said about the concept of ââ¬Ëfairnessââ¬â¢ and why it is important to ensure that the law is applied via fair procedures. While the answer to this question cannot seem anything other than intuitive, it is nevertheless important to break the question down and answer it from a jurisprudential point of view- after all, if we cannot support this fundamental assumption through reason and logic, then it will be difficult later in this paper to support the introduction of a discriminatory framework of enhanced legal protection for terror suspects on the basis that the current regime is, in places, ââ¬Ëunfairââ¬â¢. Embedded within the concept of fairness is the concept of justice. It is beyond the scope of this paper to engage with the full range of conceptualizations of ââ¬Ëjusticeââ¬â¢ that have been promoted by the various authors in this field. However, it should be noted that present in every conceptualization of justice are the concepts of ââ¬Ëguiltyââ¬â¢ and ââ¬Ënot-guiltyââ¬â¢, and it is with these concepts that this author would like now to engage. As we have seen throughout this section, one of the main aims of due process is to ensure that an individual whoââ¬â¢s property or liberty is under threat (as a result of legal action being brought against him), is able to have access to all the resources he requires to be able to present his defence to a fair and impartial tribunal, who will make a decision based upon the evidence presented and the relevant applicable laws. One might be forgiven for thinking that the only aim of due process in this context is to protect the individual. However, this is not the case: It is in the interests of society as a whole, and citizens as a collective, that justice be achieved in each and every case. If the law is seen as being applied within a forum which is unjust, then citizens (as a group) will lose respect for the law, and may engage in criminal activities which otherwise they may have desisted from. In order to maintain the public respect for the law, it is important that public scandals involving abuses of due process are kept to a minimum, and the best way to avoid such scandals is to try and ensure that instances of such abuse are kept to a minimum[6]. In light of the fact that property and liberty are held as being of such high value within our society, it is also important to ensure that these are only taken away from a defendant where there is no reasonable doubt that the criminal justice system is justified in so depriving that person. As Sir William Blackstone famously stated in 1765: ââ¬Å"It is better to let ten guilty men go free than to punish one innocent manâ⬠. It is for this reason that the burden of proof in criminal law proceedings has been set so high, and also why the principle of homo praesumitur bonus donec probetur malus[7] has been referred to as the ââ¬Ëgolden threadââ¬â¢ of the criminal law: ââ¬Å"Throughout the web of the English criminal l aw one golden thread is always to be seenââ¬âthat it is the duty of the prosecution to prove the prisoners guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.[8]â⬠Stevens (2006) summarizes this debate and the benefits of the current position in the following terms: ââ¬Å"Which is fairer, (a) a system of rules so strict that even a few innocent people get unfairly punished; or, (b) a system not so strict that even a few guilty people go unfairly unpunished? Due process of law holds that the second answer is more correct, for many reasons. On a practical level, theres less of a danger to the whole legal system. If your system is convicting a few innocent, chances are its railroading many of the guilty, so youve got two problems on your hands those who are falsely imprisoned and those who have a stronger habeas corpus claim. If your system is letting a few guilty slip through, chances are that those lucky evil-doers might change their ways, or in any case, law enforcement or informal methods of social control can pick up the slack.â⬠While this argument has instant intuitive appeal, it must be noted that the enquiries involved in reaching, for example, Blackstoneââ¬â¢s ratio, require no investigation into the nature of the crimes that the ââ¬Ëguiltyââ¬â¢ have been unfairly acquitted of. If, for example, the 10 criminals are guilty of conspiracy to commit mass genocide and also possess deep faith-based motivations which are unlikely to be quashed by a ââ¬Ëlucky escapeââ¬â¢, then is it really justifiable to acquit these criminals in favour of protecting the property and/or liberty of one innocent person? This debate strikes at the very heart of the matter with which this paper is primarily concerned; namely, whether or not it is fair to allow the due process rights of terror suspects to be abused and whether or not special measures ought to be introduced to protect these individuals, who (it must be remembered) have yet to be found guilty by a fair and impartial Court of law of any criminal law offen ces. Let us reserve judgement on these difficult questions until later in this paper, when we have had a chance to fully examine the risks that terror suspects face at the hands of the State, and the risks that the State potentially faces at the hands of terror suspects. 4. What is the legal basis for the existence of due process? The legal sources for procedural due process are various. Some are specific, in that they prescribe a certain procedure to be applied within a certain set of circumstances[9]; and, some are general, in that they provide what might be described as broad yet fundamental human rights. Let us commence with an examination of one of the most commonly cited legal sources for a general right to due process; namely, Article 6 of the European Convention on Human Rights, as enshrined into UK law by the Human Rights Act 1998. Article 6 of the European Convention on Human Rights purports to provide the human right to a ââ¬Ëfair trialââ¬â¢. In order to understand the scope and limits of this right, let us commence with an examination of the wording of this Article. Article 6 states: ââ¬Å"1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (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 him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.â⬠The words and phrases which have been highlighted above represent those elements of Article 6 which provide a legal basis for one or more aspects of procedural due process. The majority of these have been discussed in detail earlier in this Chapter: For example, the right to notice[10], the right to a hearing[11], the right to an impartial tribunal[12], the right to counsel[13], the right to examine the evidence against him and perform his own investigations[14], the right to hear the ratio descendi of the decision handed down against him[15] and the right to enjoy the benefits of the doctrine of homo praesumitur bonus donec probetur malus[16]. As we can see, Article 6 provides a general legal basis for each of the aspects of procedural due process which we have identified earlier in this paper. That having been said, this is not the only legal source which provides such a basis. For example, many provisions of the Police and Criminal Evidence Act 1984 provide similar rules of due process[17]. It should also be noted that there are common law sources for some of the rights of due process. For example, there is a common law right to silence which is derived from the principle of homo praesumitur bonus donec probetur malus if a person is innocent until proven guilty and there is insufficient evidence to satisfy the criminal law burden of proof requirements, then it is unacceptable to insist that a defendant incriminates himself or faces a criminal law penalty. This right still exists in English common law, but has been somewhat compromised by the enactment of the Criminal Justice and Public Order Act 1994 which now allows prosecutors to infer meaning from a defendantââ¬â¢s silence. This legal development has been heavily criticized by authors such as Hammerton (2001), who notes: ââ¬Å"An innocent defendant may fail to answer questions in custody or refuse to testify in court for all sorts of reasons. They may regard the police as corrupt and that answering the questions would give the police information that can be used against them. They may believe that if they answer the questions, they or someone they care about might be put in danger from the people who did commit the crime. In short drawing inferences from a defendants silence in custody or in court involves speculation on the motives behind their silence, not solid reasoning that their silence indicates guilt.â⬠5. Can due process be regarded as being constitutional, at law? The reason that this enquiry has been included within this chapter is to determine to what extent it is legally valid to allow due process to be circumvented via legislation. After all, if it is possible to argue that due process is a fundamental constitutional right, then unless the legislation which provides the legal basis for that right is repealed or modified, then it may be possible to argue that any conflicting non-constitutional legislative provisions are unenforceable. As we have seen in the preceding section of this chapter, one of the legal bases for the right for criminal suspects to enjoy ââ¬Ëdue processââ¬â¢ is Article 6 of the European Convention on Human Rights. This article has been incorporated into UK law by the Human Rights Act 1998. Section 3(1) of this Act states: (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.â⬠Therefore, where a piece of legislation purports to allow a criminal suspect/defendantââ¬â¢s due process rights to be circumvented or abused, if a Court of law is able to reinterpret that legislation in a way which does not lead to the infringement of that right, then it must do so[18]. However, where that legislation cannot be so reinterpreted, the only remedy available to a Court of Law is the ability to be able to issue a ââ¬Ëdeclaration of incompatibilityââ¬â¢ under section 4 of the 1998 Act which states, inter alia: ââ¬Å"(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility (4) If the court is satisfiedââ¬â (a) that the provision is incompatible with a Convention right, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibilityâ⬠However, this remedy is really a wolf in sheepââ¬â¢s clothing, because section 4(6) of the Human Rights Act 1998 makes it very clear that ââ¬Å"a declaration of incompatibility (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and (b) is not binding on the parties to the proceedings in which it is made.â⬠This means that a criminal defendant who has had his due process rights abused by the state, in pursuance of legislation which purports to allow that particular abuse, has no form of redress in the domestic Courts, because even if a declaration of incompatibility is granted, it ââ¬Ëdoes not affect the validity, continuing operation or enforcement of the provision in respect of which it is given [and, it] is not binding on the parties to the proceedings in which it is madeââ¬â¢. Additionally, a declaration of incompatibility does not place any pressing duty on the Government to re-write the offending legislative provision, so such a declaration will not even ensure that the abuse in question is not repeated in regard to other criminal suspects/ defendants. That having been said the Legislative is usually prompt at remedying legislative provisions which have been declared incompatible. For example in the case of R (on the application of H) v Mental Health Review Tribunal for the North and East London Region The Secretary of the State for Health CA [March 2001] EWCA Civ 415 it was held that section 2 of the Mental Health Act 1983 is incompatible with Article 5(4) of the European Convention on Human Rights because it does not require a Mental Health Review Tribunal to discharge a patient where it could not be proven that the detainees mental health warranted detention. The offending provision was repealed in November of that same year by enacting the Mental He alth Act 1983 (Remedial Order) 2001. In regard to those legal sources discussed earlier which also provide for certain due process rights, because these sources are not contained within the Human Rights Act, but rather within the common law and primary non-constitutional legislation, these can be repealed or supplanted by the enactment of contrary primary legislation. N.B. On a separate note: It will be remembered, the controversy which was caused in the United Kingdom when it was discovered that terror suspects were being held without charge in Belmarsh Prison for periods of up to 3 years[19]. The legal basis for holding prisoners in this way was provided by section 23 of the Anti-terrorism, Crime and Security Act 2001. However, in 2005[20], this section of legislation was held to be incompatible with Article 5 of the Human Rights Act 1998 and the European Convention on Human Rights[21]. These prisoners were subsequently released, their detentions being replaced with Control Orders. In light of the fact that terror suspects no longer face a significant threat from section 23 of the Anti-terrorism, Crime and Security Act 2001, the author of this paper has decided to exclude all further discussion of this source of abuse of due process. While there remains an argument that the imposition of Control Orders on terror suspects also infringe their Arti cle 5 human rights, the author has chosen to exclude discussion of this debate from this paper as this paper is more concerned with abuses of due process suffered while being detained, both pre- and post-charge. In this chapter, we will perform a structures literature review in order to glean a deeper insight into the way that terror suspects in the UK are actually treated by the criminal justice system. From our secondary analysis of case studies, interviews and anecdotal evidence, we will seek to provide an answer to the following question: To what extent are terror suspects more vulnerable to the risk of procedural undue process, within the criminal justice system, than non-terror suspects. In this Chapter we will refrain from engaging with an analysis of the framework of provisions which have been introduced, primarily under the Terrorism Act 2000, to protect terror suspects from abuses of due process. While this analysis is very important, at this stage, such an analysis would only be able to reveal whether or not the current fram
Friday, October 25, 2019
Old Navy and the Infantilization of the American Consumer :: Exploratory Essays Research Papers
Old Navy and the Infantilization of the American Consumer It is certain that the Old Navy store is full of clothes and accessories for all shapes, sizes and genders. Its presupposition, however, is that all shapes, sizes and genders will be of one primary inclination: that of the infant. In front of me as I peruse the Old Navy is a pink purse with metallic flecks infused into its plasticine construction. I find this purse in the "Woman's" section, next to the display rack full of puffy-sleeved t-shirts, whimsically cut blouses, flare pants and lo-rider blue-jeans embroidered with alarmingly cute curlicues. All this is, appropriately enough for a consumer juggernaut like Old Navy, sized to fit the adult woman. What is revealed in the Old Navy is an ideology, objectification of the self-as-consumerist entity, indeed of the child-as-consumer to a patriarchal Capitalism. Althusser asks it this way: Why do [people] "need" this imaginary transposition of their real conditions of existence in order to "represent to themselves" their real conditions of existence? (241) In the case of Old Navy, the answer lies in the combined natures of Capitalism and the infantilist regression it engenders. Capitalist objectification of the self, the subjectification of Althusser, begins with the Old Navy ad. Here, kindly old mother-figures or warm and attractive young women assure us in their slightly lobotomized ways that shopping at the Old Navy is "fun," that their cargo pants are all the rage, that their carpenter jeans are the perfect thing. The representation of the self as Platonic form in the person of the model on the television screen recreates the self as consumer object: [I]t is not their real condition of existence, their real world that "men" "represent to themselves" in ideology, but above all it is their relation to those conditions of existence which is represented to them there. (Althusser 242) Ideology is created by the double-movement of idealization and desire. The model, the idealized Capitalist figure for the self, creates its own ideological structure as a means to selfing, as an objectified desired on the official apparatus of the communication and creation of Capitalist ideology, the television screen: [H]is ideas are his material actions inserted into material rituals which are themselves defined by material ideological apparatus from which derive the ideas of that subject, (Althusser 243) that subject of ideology, that objectified self. Thus the consumer is removed from the self by the ideological system of the Old Navy ad.
Thursday, October 24, 2019
Analysis: Ernest Hemingwayââ¬â¢s The Indian Camp Essay
The short story ââ¬Å"Indian Campâ⬠is written by Ernest Hemingway. It is written in 1921 and takes place in North America. ââ¬Å"Indian Campâ⬠is about a young boy named Nick, who travels with his father and Uncle George to an Indian Camp to help an Indian girl, who has been in a painful labor for two days. Nickââ¬â¢s father performs a very primitive cesarean, and in meantime the womanââ¬â¢s husband commits suicide by cutting his throat. My intention with this essay is first to make a charactersation of the most important characters of the story. Afterwards I would like to make a short analysis of the structure, narrator and language. And at last I intend to make an interpretation of the theme of ââ¬Å"Indian Campâ⬠. The main character of the story is Nick, and the description of him is made implicit. We know that he is a boy, who has a great relationship with his father: ââ¬Å"Nick lay back with his fatherââ¬â¢s arm around him. â⬠p. 1, l. 9. He is a young boy, about 8-10 years, because he is old enough to see the cesarean, but not the suicide. Nick is very brave, because he tackles the whole situation without crying and screaming. He thinks a lot and reflex on life, which is seen in the end, when he keeps asking about life and death. Nick is a complex character, because he goes through a development. In the beginning of the story he is sitting next to his father in the stern of the boat, and he doesnââ¬â¢t really know what a birth is, but in the end he is sitting in front of his father in the boat and is sure about what life is. Nickââ¬â¢s father is a flat character. He is middle-age since he has a son and a long education. He is proud of being a doctor, which is seen, when he teaches Nick about the birth. He cares a lot about his son, because he apologize him for taking him to the Indian Camp. He wants to avoid making him nervous, so he only tells him a few necessary things about the trip. Uncle George doesnââ¬â¢t have an active role in the story. But it seems as if he has a friendly relationship with the Indians, because he is already in the camp in the beginning of the story, and he stays there after the birth. There are many signs, that he might be the father of the baby. He stands next to the woman under the birth, and when she bites him, she smiles. Her husband commits suicide. He was maybe ashamed of his wife being together with another man. Another sign could be, that in America they have a tradition that you hand out a cigar, when you become a father. ââ¬Å"Uncle George gave both the Indians cigars. â⬠p. 2, l. 3. Ernest Hemingway choice of narrator and languages is focused by, that we have to think self and read between the lines. He has used a 3th person omniscient narrator seen from Nickââ¬â¢s point of view. But sometimes the narrator changes to someone elseââ¬â¢s point of view: Nickââ¬â¢s father is not ââ¬Å"the fatherâ⬠but suddenly ââ¬Å"the doctorâ⬠. Uncle George looked at his arm. â⬠p. 4, l. 10. Nick doesnââ¬â¢t see this, because he isnââ¬â¢t in the room. The language in ââ¬Å"Indian Campâ⬠is objective. There isnââ¬â¢t used many adjectives and there is much direct speak. The whole story starts in a boat and ends in a boat. It has the structure: home-out-home, where there at home is cosmos and out chaos. Nickââ¬â¢s goes through his development, when he is out in chaos. The story starts in media-res and it has an open ending. Indian Campâ⬠has many themes. Growing up is a good theme for this story, because Nick goes through the development from child to an adult. It could also be life and death, as a man dies and a baby is born. Another theme could be the bond between Nick and his father and how it clearly changes after the suicide. His father sees how important it is to protect the one you love and therefore apologizes to Nick. Ernest Hemingwayââ¬â¢s short story is about how a child deals the ââ¬Å"real toughâ⬠life and also about the secession process from parents and develops.
Wednesday, October 23, 2019
Convection Currents Essay
There are many different reasons why the earthââ¬â¢s crust is moving. Some for example are the friction between two plates causing major earthquakes. Sometimes when this plates are pushed together they form fold mountains or ridges. Today we know that the continents are gradually moving apart. Therefore the there is new rocks created in between those areas. New volcanoes are created and new rocks are formed. Plate tectonics allow scientists to know about the earthââ¬â¢s centre. The oceanic plate slides under the continental plate because it is heavier. Once it goes under the continental plate it melts into the asthenosphere. The Richter scale is a scale that scientists use to measure the magnitude of an earthquake. It can tell us how much the earthââ¬â¢s crust has moved (how hard; effecting the surface). A shift along a fault on the continental crust could also cause earthquakes. Teacher copy The earthââ¬â¢s crust I s made up of sections called plates. These sections ââ¬Ëfloatââ¬â¢ on the liquid mantle and slowly move around. The movement of the plates is caused by convection currents. A convection current is how a liquid moves when it is heated. Hot liquid rises up and pushes the cooler liquid out of the way. In the mantle, this is happening all the time. As the liquid rock moves, it can push the continents on the plates In this diagram you can see the convection currents in the mantle and the direction In the middle of the ocean, new rock is formed when hot rock from the mantle rises up. At the edges of ocean, old crust is destroyed when it stinks down under the continent an melts again. In this diagram, you can see new crust forming at the mid-ocean ridge and pushing the old crust towards the continent.
Tuesday, October 22, 2019
Strangers, God and monsters
Strangers, God and monsters Strangers, gods and monsters represent experiences of extremity which bring us to the edge. They subvert our established categories and challenge us to think again. And because they threaten the known with the unknown, they are often set apart in fear and trembling. Exiled to hell or heaven; or simply ostracized from the human community into a land of aliens.The figure of the 'stranger' - ranging from the ancient notion of 'foreigner' (xenos) to the contemporary category of alien invader - frequently operates as a limit-experience for humans trying to identify themselves over and against others. Greeks had their 'barbarians', Romans their Etruscans, Europeans their exotic overseas 'savages'. The western myth of the frontier epitomizes this, for example, when Pilgrim encounters Pequot on the shores of Massachusetts and asks 'Who is this stranger?' Not realizing, of course, that the native Pequot is asking exactly the same question of the arrivals from Plymouth.Creativeskills.be - Numb er of jobs per monthStrangers are almost always other to each other.'Monsters' also signal borderline experiences of uncontainable excess, reminding the ego that it is never wholly sovereign. Many great myths and tales bear witness to this. Oedipus and the Sphinx. Theseus and the Minotaur. Job and Leviathan. Saint George and the Dragon. Beowulf and Grendel. Ahab and the Whale. Lucy and the Vampire. Ripley and the Alien. Each monster narrative recalls that the self is never secure in itself. 'There are monsters on the prowl', as Michel Foucault writes, 'whose form changes with the history of knowledge'. 1 For as our ideas of self-identity alter so do our ideas of what menaces this identity. Liminal creatures of the unknown shift and slide, change masks. We are of the earth, they whisper, autochthonous. We are carriers of the mark of Cain, hobbled by the Achilles heel of a primal unconscious.
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