Friday, October 18, 2019
FMEA Assignment Example | Topics and Well Written Essays - 250 words - 1
FMEA - Assignment Example It just happened as I predicted. A cold icy wind was whipping my fur while my heart was beating heavy like the ââ¬Å"tum tumâ⬠drums of West Africa. My whiskers started to shiver like a twig in the middle of a storm, as snowflakes were sticking on my eyelashes. It was indeed cold like hell. The night snowstorm seemed to have fought the whole Wednesday night, causing several accidents that messed up traffic. Across the state, Highway Patrol troopers were seen in response to several crashes. Furthermore, as I sloped down the road, I witnessed casualties of the act of god. Two drivers were killed in the wee hours when their cars slid off snow-covered roads and struck trees. According to the running gossip around the scene, when I stopped to witness, the driver was killed when his car hit an embankment on before hitting a tree. In both cases, troopers concluded that the drivers had exceeded safe speeds for the slippery roadways. School buses were stuck in traffic the whole night until morning. Moreover, the streets were clogged as cars became trapped in gridlock because of the snow that ruled the highways. Indeed, it was a situation of life and death. In addition, I almost had an accident; my car was stuck at the bottom of a sloping corner. I decided to ditch my car after it spun out, trudged through the snow, and make it to school safely. Normally in 30 minutes, I could have driven to School; however it took me two hours, of which was a hilarious adventure. That snowstorm caught the populace off guard, including forecasters. The state Department of Transportation had been poised to spray brine on Triangle roads during the day Monday, in advance of snowfall that was not expected until the Tuesday night. However, the forecasts were all incorrect, and the snow came in a lot earlier at night. The snowstorm that occurred that night was indeed terrible. It reminds me of a story
Thursday, October 17, 2019
Strategic Management Involvement Essay Example | Topics and Well Written Essays - 2000 words
Strategic Management Involvement - Essay Example This pattern in decisions as well as actions clearly defines what Mintzberg called "realized" strategy. The examples given below clearly describe the situations in which this realized strategy will completely fail: External analysis is clearly described by Fahey and Narayanan (1986), they imply that organizations always in order scan the environment to recognize the ever changing trends and new patterns, keep an eye on all the specific trends as well as patterns, estimate the future course of the monitored changes and patterns, and then in the analysis the organizational impact these changes and patterns will have on the organization (Dolence etal 1997). Merged long with internal analysis of the organization's, well defined vision , mission statement , strengths, and weaknesses, external analysis greatly helps decision makers in creating strategic directions as well as strategic plans. The first and foremost goal of environmental scanning is to make the decision makers aware of the potentially important external changes long before they take shape so that decision makers have enough lead time to act in response to predicted the change. Therefore, environmental scanning plays a very important role for the organizations to manage change (Capon 1987). Environment Domains is a very board area, External environment refers to those people, resources, leadership and communication structures existing outside the organizational structure which may involve the following sector Industry sector Raw material sector Financial sector Market sector Technology sector Government sector International sector Internal and External Analysis Internal analysis of the organization is a practice that to help us to identifying the Strengths and weakness of the company, which point out some key factors that able the organization to get a better advantage of the market. And the most common tools are Core
Analyzing the play 'A Doll's House' by Henrik Ibsen from a critical Essay
Analyzing the play 'A Doll's House' by Henrik Ibsen from a critical psychoanalytical perspective - Essay Example In the story A Dollââ¬â¢s House, Henrik Isben skillfully uses figurative language, symbolism, and irony to create a literary movement through which the reader is able to identify with the plight of the oppressed female. Figurative language includes the use of devices such as similes, and metaphors. Figurative language becomes increasingly important in terms of the main conflict within the story. Helmer describes his wife by using the metaphor of ââ¬Å"little squirrelâ⬠which implies that Nora moves frantically around completing task with no overall goal or intention (Isben, 1889). This implies that her actions are meaningless, and insofar as Noraââ¬â¢s actions are an extension of herself, she feels as if he is calling her existence meaningless. This is evident in the fact that Nora metaphorically refers to herself as a ââ¬Å"doll-wifeâ⬠(Isben, 1889). A doll implies that the object has no control over their own actions and is directed by the will of the person pulli ng the strings. This trend can be identified in modern society, evident in the fact that women produce 80 percent of the food on the planet, but receive less than 10 percent of agricultural assistance. In terms of the psychoanalytic approach, Noraââ¬â¢s desire to have a sense of self control forced her to disassociate herself from her husband and began to paint (Isben, 1889).
Wednesday, October 16, 2019
Strategic Management Involvement Essay Example | Topics and Well Written Essays - 2000 words
Strategic Management Involvement - Essay Example This pattern in decisions as well as actions clearly defines what Mintzberg called "realized" strategy. The examples given below clearly describe the situations in which this realized strategy will completely fail: External analysis is clearly described by Fahey and Narayanan (1986), they imply that organizations always in order scan the environment to recognize the ever changing trends and new patterns, keep an eye on all the specific trends as well as patterns, estimate the future course of the monitored changes and patterns, and then in the analysis the organizational impact these changes and patterns will have on the organization (Dolence etal 1997). Merged long with internal analysis of the organization's, well defined vision , mission statement , strengths, and weaknesses, external analysis greatly helps decision makers in creating strategic directions as well as strategic plans. The first and foremost goal of environmental scanning is to make the decision makers aware of the potentially important external changes long before they take shape so that decision makers have enough lead time to act in response to predicted the change. Therefore, environmental scanning plays a very important role for the organizations to manage change (Capon 1987). Environment Domains is a very board area, External environment refers to those people, resources, leadership and communication structures existing outside the organizational structure which may involve the following sector Industry sector Raw material sector Financial sector Market sector Technology sector Government sector International sector Internal and External Analysis Internal analysis of the organization is a practice that to help us to identifying the Strengths and weakness of the company, which point out some key factors that able the organization to get a better advantage of the market. And the most common tools are Core
Tuesday, October 15, 2019
TEENAGE SEXUAL HEALTH AND CRITICAL INCIDENT Essay
TEENAGE SEXUAL HEALTH AND CRITICAL INCIDENT - Essay Example unintended pregnancy, related policies and legislation of the United Kingdom government towards child and adolescent protection, and a critical analysis of Johnââ¬â¢s Model of Reflection 1995, towards improved nursing practice in the field of teenage sexual health. Sexual Health is defined by the Family Planning Association as ââ¬Å"the capacity and freedom to enjoy and express sexuality without exploitation, oppression, physical or emotional harmâ⬠. Sexual health is stated to be an important part of physical and mental health. Together with other fundamental rights, it is a key part of our identity as human beings. According to Bekaert (2005: 86), the essential elements of good sexual health include access to information and services to avoid the risk of unintended pregnancy, illness or disease. Sexual intercourse at a younger age and poor condom use have led to increased rates of sexually transmitted infections (STIs) in the teenage group, states Bekaert (2005: 14). The government has responded to the general increase in STIs with the national strategy for sexual health and HIV. It recommends the promotion of sexual health and of mainstream sexual health services to decrease the incidence of STIs. 20% to 30% of teenage females diagnosed with a sexually transmitted infection acquire another disease within eighteen months. The consequences of infection with an STI vary according to the infection. They can include increased risk of cervical cancer, pelvic inflammatory disease (PID), ectopic pregnancy and infertility. With acquired immunodeficiency syndrome (AIDS), the individual is susceptible to opportunistic infections and will ultimately die. The consequences of STIs can be worse for teenagers as they tend to present late for treatment, have a poor knowledge of STIs and have unrealistic perceptions of their risks. The risk factors for contracting sexually transmitted diseases are: male sex, young age, early age at first intercourse, number of partners, ethnic
Sir Alexander Tilloch Galt Biography Essay Example for Free
Sir Alexander Tilloch Galt Biography Essay D. O. B-D. O. B: September 6, 1817 September 19, 1893, in London, England and came to Canada in 1835 to work for the British American Land Company. Family Information: On February 9, 1848, Galt married Elliott Torrance, the daughter of John Torrance, of Saint-Antoine Hall, Montreal. She died on May 25, 1850, shortly after giving birth to their only son, Elliott. Later he married her younger sister, Amy Gordon Torrance. Amy gave birth to 7 daughters and 2 more sons. They lived in Montreal at their house within the Golden Square Mile, which Galt built in about 1860. Galt appears to have had a very non-sectarian approach to religious faith and although the grandson of a Calvinist theologian, Alexander Galt supported both the Methodist and Anglican churches while his wife, Amy, was a lifelong Presbyterian. Occupation: He was a politician, member of the Canadian parliament. Is the Father of Confederation. Personality: Alexander Tilloch Galt, who was of Scottish descent, spent his early years with his brothers John and Thomas partly in the London area, partly in Scotland. Addiction: Sir Alexander Tilloch Galt had no addictions to anything. Political Party: Sir Alexander Tilloch Galt is from a Liberal-Conservative party. Political Beliefs: He was a member of the Great Coalition government in the Province of Canada that secured Confederation between 1864 and 1867. He became a leading figure in the creation of the Coalition when he was asked to become premier of the Province of Canada by then Governor General Sir Edmund Walker Head. Doubting his own ability to demand the loyalty of the majority of members of the Legislative Assembly, he turned down the position, but recommended that George-Etienne Cartier and John A. Macdonald be asked to become co-leaders of the new government. Political Career: The remainder of Galts political career was spent as the Canadian governments representative abroad until 1883, when he returned to the business world. Chronic health problems late in life forced him to limit his activities after 1890. He died at home in Montreal on September 19, 1893 Contribution to Confederation: He was one of the pioneers of the philosophy of Confederation. As early as 1858, he proposed a federation of the colonies of British North and planned the financial arrangements for the new nation. After Confederation, he served briefly as the Minister of Finance, but drifted into the position of Independent Conservative and in 1880 he was appointed as the first high commissioner to Great Britain which he kept until 1883. Additional Information: Alexander Tilloch Galt was one of the most influential politicians of his time. His role was most prominent during the constitutional conferences; he was involved in the issue of economic development and was committed to defending the rights of religious minorities. These things together made him truly one of the Fathers of Confederation. In 1824, Alexanders father John Galt founded the Canada Company a settlement company active in the area of Lake Huron and laid the groundwork for the city of Guelph, Ontario. It was during this time that the young Alexander first came to Canada, in 1828. He remained for two years. Despite the failure of the Canada Company, John Galt helped found the British American Land Company in 1834 and arranged for his son to be taken on as a clerk in the Sherbrook office. Thus, in 1835, Alexander Tilloch Galt returned to Canada for the second time. In 1840, he drafted a report on the companys successes and failures, and the document made its way to London. Galt had made an impression: in October 1843, the London office made him secretary of the British American Land Company and, in 1844, he was named commissioner.
Monday, October 14, 2019
Law Essays Admissible Criminal Evidence
Law Essays Admissible Criminal Evidence Admissible Criminal Evidence It matters not how you get it; if you steal it even, it would be admissible in evidence [per Justice Crompton in R v Leatham 1861] Discuss When considering the above statement it is necessary to examine legislation with regard to the admissibility of evidence. The starting point is to look at section 78 of the Police and Criminal Evidence Act 1984 which allows the court discretion to exclude any evidence they deem to have been unfairly obtained. There have been several cases where the issue of illegally obtained material has been considered. This paper proposes to examine the cases where judges have both exercised their discretion and excluded the evidence as well as the times when such evidence has been allowed. Within this framework consideration will be given of the factors that judges have taken into account when deciding whether or not to exclude such evidence. This will involve looking at policy issues in relation to the use of illegally obtained evidence in order to reach a conclusion as to whether in general terms the courts will opt to include or exclude such evidence. In reaching a decision as to the uniformity of the application of this discretion consideration will be given to whether changes that have occurred with regard to the rights of the suspect under the Criminal Justice and Public Order Act 1994 have impacted on the admissibility of such evidence. Although there have been many changes in the law with regard to the use of evidence that has been illegally obtained many judges still use the case of R v Sang [1980] as a yardstick by which to measure whether evidence such be excluded. In this case Lord Diplock commented that (1) A trial judge in a criminal trial has always a discretion to refuse to admit evidence if in his opinion its prejudicial effect outweighs its probative value. (2) Save with regard to admissions and confessions and generally with regard to evidence obtained from the accused after commission of the offence, he has no discretion to refuse to admit relevant admissible evidence on the ground that it was obtained by improper or unfair means.(at p 437) In this case the court following the comments made by Lord Diplock concluded that the judge would have no power to exclude the evidence on the basis that it had been obtained through the use of an agent provocateur. In many ways the decision whether or not to exclude illegally obtained evidence seems to centre on fairness. Sang remains as an authority of the rules on the exclusion of evidence as was demonstrated in the case of R v Nadir [1993] where Lord Taylor CJ said that if a judge considers evidence the Crown wish to lead would have an adverse effect on the fairness of the trial, he can exclude it under s 78 of the Police and Criminal Evidence Act 1984.He also has a general discretion to exclude evidence which was preserved by s.82(3) of the 1984 Act which would allow the judge to exclude evidence he considers more prejudicial than probative. In the later case of R v Khan [1994] 4 All ER 426, Lord Taylor seemed to change his opinion of the use of Sang as an authority stating that Since, on any view, the discretion conferred on the judge by s 78 is at least as wide as that identified in R v Sang it is only necessary to consider the question of the exercise of discretion under s 78 which is what the judge did. In general terms although the judge has the discretion to be able to rule the evidence as inadmissible it is more common for the courts to allow the evidence to be adduced. Many judges are of the opinion that the effect of s78 does not make very much difference to the cases brought before the court as most judges seem to decide in favour of inclusion rather then exclusion of such evidence as was the case of R v Mason [1987] and in the subsequent case of R v Samuel [1988]. Mason was later quashed on appeal when it was discovered that the only real evidence against the defendant was the confession and that this had been obtained by telling the defendant that his fingerprints had been found in glass near the scene, which was totally untrue. This decision was reached on the basis of interpretation of s78 where it was considered that there was bad faith and impropriety on the part of the police. A similar decision was reached in the case of Matto v DPP [1987]where the officers persuaded the defendant to undergo a breath test despite the fact that they were conducting the test under circumstances in which they were not entitled to do so. The conviction was quashed with the judge stating that the bad faith of the officers in carrying out the test when they knew they were not entitled to had tainted the case as a whole. This case was distinguished from the case of Fox v Gwent [1986] as in this case the officers were not aware that they were acting outside of there powers. A further case where the court have ruled that the police were not acting in bad faith was the case of R v Alladice [1988] in which the defendant confessed and the confession was allowed to be admitted to the court despite the fact that the police had wrongly refused to allow the defendant access to a solicitor. From all of the above it would seem that the court will only regard the police as acting in bad faith if there is clear evidence that the police deliberately deceived the defendant. There are of course exceptions where the action of the officers was questionable and the courts have still deemed the evidence to be admissible as was the case in R v Christou [1992]. In this case undercover police officers set up a shop were they were supposedly selling jewellery. All transactions in the shop were secretly recorded which led to the arrest of the defendant for dealing with stolen goods and making incriminating statements. The judge held that the police had not incited the offences and there had been no unfairness in their conduct. In the case of R v Smurthwaite and Gill [1994] the officers posed as contract killers and recorded conversations with the defendants who were attempting to hire the services of a contract killer to murder their spouses. The court regarded the officers as agent provocateurs but held that the officers had not incited the defendants to kill their spouses and therefore the evidence was admissible. In this case the judge stated that the fact that the evidence has been obtained by entrapment, or by an agent provocateur, or by a trick, does not of itself require the judge to exclude it. If, however, he considers that in all the circumstances the obtaining of the evidence in that way would have the adverse effect described in the statute, then he will exclude it. In some instances evidence that has been obtained through impropriety has been excluded. Impropriety can occur were there has been a breach of criminal law or a breach of PACE. This was held to be the case in R v Khan [1994] where surveillance devices had been placed on the premises of the suspect. It was argued that the placing of the equipment on the premises amounted to trespass by the police. The court however allowed the evidence to be admitted and the defendant was convicted. In cases where impropriety is alleged most of these cases centre on the admissibility of confessions or incriminating statements. The reliability and admissibility of confessions is governed by s76 of PACE. The most common impropriety is the denial of access to legal representation. The failure to contemporaneously record interviews has also been a problem in the past. One such case where the defendant was denied access to a solicitor was R v Samuel [1988]in which the defendant was arrested for burglary and after having been charged with one offence of burglary was denied access to a solicitor during which time he was interviewed again and confessed to a robbery. At the appeal the court held that the denial of the right to consult with a solicitor was a breach of s58 of PACE and of the Code of Practice on Detention and Questioning. As the judge had failed to exclude the confession at the original hearing the conviction for robbery was ordered to be quashed. The appeal court stated that even if the confession was reliable the breach of s58 rendered the confession as unfair. Within the criminal justice system the gaining of evidence illegally is classed as one of the exclusionary rules where evidence is suppressed or defendantââ¬â¢s rights are violated. Bentham (1827) argued that if you ââ¬Ëexclude evidence you exclude justiceââ¬â¢ He further argued that the solution to the problem was not to deprive the jurors of the evidence but to instruct them about the dangers presented by the evidence and allow the jury to decide for themselves whether to believe the evidence presented to them. Bentham stated that it was rather a contradiction for the court to declare their confidence in the decision of the jury whilst at the same time withholding evidence from that jury for fear of them reaching the wrong conclusion. Bentham stated that If there be one business that belongs to a jury more particularly than another, it is, one should think, the judging of the probability of evidence: if they are not fit to be trusted with this, not even with the benefit of the judgeââ¬â¢s assistance and advice, what is it they are fit to be trusted with? Better trust them with nothing at all, and do without them altogether Bentham felt that exclusionary rules are ââ¬Å"insults offered by the author of each rule to the understanding of those whose hands are expected to be tied by it.â⬠He stated that relevant evidence should only be excluded when there was a risk of an inaccurate verdict without the use of the evidence. He went on to advocate ââ¬Ëthe abolition of all formal rules and a return to a ââ¬Ënaturalââ¬â¢ system of free proof, based on everyday experience and common-sense reasoningââ¬â¢. In the case of R v Kearley [1992] the House of Lords held that the evidence of telephone calls and visitorââ¬â¢s to the defendantââ¬â¢s house where they were asking for drugs was irrelevant or inadmissible as hearsay evidence. The primary evidence in this case came from two witnesses who had given evidence stating that the defendants were engaged in the sale of heroin. In this case the persons that came to the house or telephoned dealt with the police who were occupying the house at the time. The evidence of those that had rang or had come to the house could only be used as hearsay evidence as there was no way of getting the persons to give direct evidence to the court. Initially the defendant was found guilty but this was overturned on appeal on the grounds that the judge should have directed the jury of the inferences that could be drawn from the evidence. The court stated that the defendants could not be found guilty on the basis of their association with the people who had rang or called at the house. As with criminal law evidence can also be excluded in civil law cases under Civil Procedure Rules 32.1, though such exclusion is rare as the burden of proof in civil cases is significantly less then for criminal trials. Choo (1989) argued that there are three possible rationales for the exclusion of evidence, these being compensation, deterrence and repute. Choo (1993) stated that judicial legitimacy was the most satisfactory basis for the exclusion of evidence. Ashworth (1977) disagreed with this stating that exclusion was on the basis of discipline, reliability and protection. Hunter (1994) agreed with this stating that discipline is similar to deterrence. One of the main reasons for excluding evidence is on the basis of reliability. Where the reliability of the evidence is in question the courts will frequently opt to exclude the evidence from the proceedings. Bentham (1827) suggests that there is no need for total exclusion and that so long as a caution is issued with the presentation of the evidence the jury should be entitled to hear that evidence. Choo (1989) believes that allowing the evidence to be disclosed to the jury when such evidence could be unreliable is an ââ¬Ëinfringementââ¬â¢ of the rights of the defendant. Choo states that such evidence should be excluded if it admission would have such an adverse affect on the fairness of the proceedings that the court ought not to admit it. From the above it can be concluded that the rules regarding the use of illegally obtained evidence are not uniformly applied. In some instances the court will exclude such evidence from the jury whilst in other cases the evidence will be admitted. It is clear from s78 that evidence that has been illegally obtained can still be submitted to the court if it can be proven to be reliable or if an unfair result would be achieved if the evidence where not presented to the court. The courts seem to place emphasis on the notion of fairness as fair play. This is applicable both in deciding whether to allow the evidence to be heard or whether the evidence should be withheld from the jury. BIBLIOGRAPHY Allen, C, Practical Guide to Evidence, 2nd Ed, 2001, Cavendish Publishing Ashworth, A (1977) ââ¬ËExcluding Evidence as Protecting Rightsââ¬â¢ [1977] Criminal Law Review 723 Ashworth, A and Blake, M The presumption of innocence in English law [1996] Crim LR 306 E Bentham, J, Rationale of Judicial Evidence 15-16 (1827), London Choo, A Mellors, M, ââ¬ËUndercover Police Operations and What the Suspect Said (or Didnââ¬â¢t Say), [1995] 2 Web JCLI Choo, A (1989) ââ¬ËImproperly obtained evidence: a reconsiderationââ¬â¢ 9 Legal Studies 261 Choo, A (1993) Abuse of Process and Judicial Stays of Proceedings (Oxford: Clarendon Press) Elliott, C, Quinn, F, Criminal Law, 3rd Ed, 2000, Pearson Education Glazebrook, P R, Statutes on Criminal Law, 2001, Blackstoneââ¬â¢s Hunter, M (1994) ââ¬ËJudicial Discretion: Section 78 in Practiceââ¬â¢ [1994] Criminal Law Review 558 Huxley, P, Oââ¬â¢Connell, M, Statutes on Evidence, 5th Ed, Blackstoneââ¬â¢s Murphy, P, Blackstoneââ¬â¢s Criminal Practice, 2002, Oxford University Press Smith. J C, The presumption of innocence (1987) NILQ 223 B Stephen, Sir JF, A Digest of the Law of Evidence, 12th Ed, 1936, Art 147
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