Monday, August 24, 2020

Body Image and Sexuality Essays

Self-perception and Sexuality Essays Self-perception and Sexuality Paper Self-perception and Sexuality Paper The initial phase in understanding the connection between self-perception and sexuality is to comprehend the significance of each. Self-perception is the manner by which one sees one’s own body. Notwithstanding the basic definition, there lies a multifaceted nature in the handy importance of the word. Body fulfillment (or disappointment) is impacted vigorously by one’s culture: the standard of the perfect body. In the US, the perfect female body is low in fat yet voluptuous. Be that as it may, in China, Ghana and Greece (Myth of Dionysius; Semiotic, 2006), the enormous guts, largeness and greatness in ladies are wanted and identified with satisfaction and wealth. In this manner, the meaning of self-perception is reliant on how one’s observation is impacted by his way of life and environmental factors. Sexuality has an increasingly scholarly definition, I. e. , the quality or condition of being sexual (Sexuality, 2006). Unambiguously, it is one’s degree of enthusiasm for sex. Sexuality is in most section a natural wonder, the enthusiasm of the female specie to the male as the contrary specie. In any case, there are perspectives in the cutting edge relationship that acknowledge the reality of homosexuality. In this paper, we limit our investigation into the hetero part of sexuality. Two looks into are being introduced to show the logical examination directed by experts on the current theme. Research No. 1 McKay, A. of the Canadian Journal of Human Sexuality (2000) talks about a review led by Ackard, D. M. , Kearney-Cooke, A. , Peterson, C. B. on the impact of self-perception and mental self view on womens sexual practices. In March 1997, Ackard, et. al, led a study entitled Does Your Body Image Affect Your Love Life? highlighted fit as a fiddle magazine. The reaction of 3,627 ladies age extending from 14 to 74 years of age, finished school and gauging a normal of 145 lbs, was a 66. 4% fulfillment with their general self. Disregarding this, 60. 2% of them were disappointed with their appearance and some time 80. 5% detailed some level of fulfillment with their capacity to frame and keep up associations with others. (Mckay, 2000, p. 124) The overview brought about an immediate connection between's self-perception and sexuality, I. e. , those happy with their self-perception, reacted as having higher recurrence of sex and accomplishing climax, than those that are disappointed with their self-perception. Moreover, the closeness and experience level of those the ones happy with their self-perception were higher than those that were disappointed: more prominent solace uncovering before their accomplice, more noteworthy solace having intercourse with the lights on, more prominent solace attempting new sexual exercises, and more prominent trust in their capacity to give their accomplice sexual delight. (Mckay, 2000, p. 124) notwithstanding the abovementioned, Mckay (2000, p. 124) noticed that Ackard, et. al, (2000) inferred that general fulfillment is the more huge affecting element to the respondents’ sexuality, more than self-perception itself. This is prove by the way that the general vanity and capacity to shape and keep up relations with others came about with a higher rate than the fulfillment of the respondents with their own appearance, which is self-perception. The Ackard, et. al overview anyway has a restricted respondent base, I. e. the respondents are perusers of the wellness magazine and in this way perhaps exceptionally centered around self-perception versus the normal lady. A more extensive subject base is considered in the following investigation and presents an increasingly expository appraisal of the connection between self-perception and sexuality. Research No. 2 In 1998, Wiederman, M. W. furthermore, Hurst, S. R. , led an examination with 192 young ladies matured 18 to 21, 89. 6% were White, 7. 8% were Black, and 2. 6% were Latina, all brain research understudies of Ball State University, Indiana. In this investigation, explicit measures were surveyed identifying with self-perception and sexuality as follows: (1) relationship status, dating (coolly or only) or submitted; (2) Sexual experience, real intercourse or oral incitement; (3) Sexual regard or the inclination to assess oneself decidedly as a sexual accomplice; (5) Attitudinal acknowledgment of easygoing sex utilizing; (6) Actual engaging quality estimated by a male and a female research partner; (7) Body mass list (BMI); (8) Body disappointment; (9) Self-evaluated in essence allure; (10) Appearance direction on propensities identified with one’s appearance; and (11) Social shirking. (Wiederman Hurst, 1998) The outcomes were fascinating. Those that are seeing someone (level of responsibility with the other gender) were moderately littler, equitably progressively alluring, and saw themselves as having increasingly appealing bodies. Moreover, somewhat more ladies who are not dedicated were disappointed with their self-perception. Also, those with no type of sexual experience were greater and impartially less appealing. They additionally had restricted or no activity to perform oral sex to a male accomplice. For sexual regard, those that scored high in self-appraised materially engaging quality had higher sexual regard and are not scared in social exercises featuring one’s appearance. In any case, for the two measures, there is a higher self-perception disappointment rate on those with high sexual experience and sexual regard. In this way, the creators presumed that the consequences of the present investigation are not authoritative. (Wiederman Hurst, 1998) Relationship The straightforward response for the current inquiry is no: one’s self-perception is definitely not a conclusive factor to decide one’s sexuality. People have the ability to conquer undesirable, equitably unsuitable self-perception to accomplish a constructive by and large smugness. Thusly, as prove in the two analyses, one’s degree of sexuality is increased too. References Body picture. (n. d. ). The American Heritageâ ® Dictionary of the English Language, Fourth Edition. Recovered November 13, 2006, from Answers. com Web website: answers. com/subject/self-perception Body picture. (n. d. ). Wikipedia. Recovered November 13, 2006, from Answers. com Web webpage: answers. com/subject/self-perception Henderson, K. A. , Hodges, S. , Kivel, B. D. (2002). Setting and Dialog in Research on Women and Leisure. Diary of Leisure Research, 34(3), 253+. Recovered November 14, 2006, from Questia database: questia. com/PM. qst? a=od=5000812878 Mckay, A. (2000). Impact of Body Image and Self-Image on Womens Sexual Behaviors. The Canadian Journal of Human Sexuality, 9(2), 124. Recovered November 14, 2006, from Questia database: questia. com/PM. qst? a=od=5001808421 Semiotics of Ideal Beauty. (n. d. ). Wikipedia. Recovered November 13, 2006, from Answers. com Web webpage: http://en. wikipedia. organization/wiki/Semiotics_of_Ideal_Beauty Sexuality. (n. d. ). Hurricane Encyclopedia of Cancer. Recovered November 13, 2006, from Answers. com Web website: answers. com/theme/Sexuality. (n. d. ). The American Heritageâ ® Dictionary of the English Language, Fourth Edition. Recovered November 13, 2006, from Answers. com Web website: answers. com/theme/sexuality Wiederman, M. W. , Hurst, S. R. (1998). Body Size, Physical Attractiveness, and Body Image among Young Adult Women: Relationships to Sexual Experience and Sexual Esteem. The Journal of Sex Research, 35(3), 272+. Recovered November 14, 2006, from Questia database: questia. com/PM. qst? a=od=5001369622

Saturday, August 22, 2020

How many jelly beans are in a jar

Setting up the worldview. How would we know there is a God? In the event that anything exists there is a God since you can't make something from nothing. There must be an underlying power to set the universe into movement. Einstein alludes to this power as â€Å"the cosmological constant†. This steady rectified Einstein hypothesis of relativity to clarify the development of the universe. Initially Einstein accepted that the universe was static despite the fact that his scientific speculations proposed something else. It was not until another mathematicianFriedman, unraveled Einsteinium's condition of general relativity utilizing the cosmological steady. Einstein alluded to this slip-up similar to the â€Å"biggest blunder† of his life. As a human how might I perceive God regardless of whether he came and uncovered himself to me. For all I know the other common being could be Satan. (He is portrayed in the book of scriptures similar to a wonderful holy messenger) If I wa s unable to try and perceive God in his essence what expectation do I have of finding any course throughout everyday life. How would we recognize what is significant. Ask enough individuals. (Faith in a significance of life)How do we realize that we are good.If being acceptable is so significant how would we characterize â€Å"good†. (So we realize what it Is that we are attempting to do) Being acceptable. How might you expel insidious without being detestable yourself. The significance of malevolent and great existing simultaneously. (Makes the incredible battle) The misguided judgment of attempting to â€Å"faith† our way Into paradise. (Why Baptists and Big Bang Atheists are basically the equivalent) Why should the significance of life be so elusive that we need to utilize confidence to clarify It. Relationship among riches and influence. Riches permits you to have control over another keeps an eye on will.Any time you curves something with cash you are taking somet hing that numerous individuals need and concluding that you merit It for yourself. Riches permits you to take a bigger offer for yourself. (Jesus and the rich man) God exists In the â€Å"permanent condition of being† (a condition of being outside of time where no change happens), In this domain of presence abhorrent has been nullified by God. So In request to enter this state we likewise should be liberated from the underhandedness inside ourselves. God Is a being outside of time and Is the ideal epitome of good. For everything to be acceptable In God's condition of being that implies fiendish must be evacuated. It Is a necessity.

Friday, July 24, 2020

You made it to the waitlist, but who said that you need to wait

You made it to the waitlist, but who said that you need to wait If youve been placed on a schools waitlist, congratulations! You werent rejected, and many are accepted each year from waitlists. As an MBA Admissions Consultant, I advise my clients not to sit back and wait, at least not in most cases. Working to get accepted from a waitlist is simply another step in the MBA admissions process. Here are some points to consider: 1. Carefully read the email you received from the school. Some schools tell you not to do anything more than just wait. If they say that, then you take a risk if you try communicating with themâ€"so you probably should just sit tight. 2. Luckily, most schools will not ask you to do nothing. In that case, you need to launch a subtle but active campaign to get accepted from the waitlist. Be careful, since schools change their rules every year. For example, Harvard Business School used to instruct waitlisted applicants not to do anything. This year, it changed its instructions to leave it up to you as to whether or not to add materials to your application. So Id recommend taking advantage of that opportunity. First of all, assess where your application may have been weak. If youre brave, call someone you know in the schools admissions department or the person who interviewed you, and see what you can learn about areas where you need to strengthen your application. Then submit information to address that area. For example, you might: a. Submit an additional recommendation. If you worked with an admissions consultant, the chances are good that s/he helped you to decide which recommenders to use right away and which one or two to save for use should you get placed on a waitlist. Often, theres someone at your employer, perhaps a higher level executive, who wasnt your day-to-day supervisor but is a true leader and knows one when he sees one. Or you can consider getting a well-known alumnus or business leader to recommend you. b. Submit a series of letters. Start with one that thanks the admissions office for putting you on the waitlist, and makes it clear that you are still eager to go the school and wish to remain on the waitlist. Reinforce something strong about you. Then in a couple of weeks, send a follow-up letter that emphasizes things youve done since you first applied and that make you a stronger candidate. If your GPA was a bit weak, talk about courses youve taken recently where you got great grades. If your GMAT was a problem, submit a new, higher score. Tell the committee about new leadership responsibilities youve had at work, new accomplishments, volunteer charity leadership, etc. One of your goals should be to keep yourself at the forefront of the admission committee’s minds, so when an opening occurs, they consider you before others. c.. Possibly visit the school again. One of my very first clients lived in California and was waitlisted at MIT Sloan. He had already been accepted by Wharton but wanted to get accepted by MIT Sloan. He flew out twice to the school and managed to meet both times with the Admissions Director. She was impressed and he eventually was accepted. Be careful to not become an annoyance. Always use discretion regarding the frequency with which you follow up with schools. But unless the school has said not to do so, you can take control of the post-waitlist process. In many cases, your follow-up will make the difference between getting off the waitlist and settling for your second choice school. Need guidance in your MBA/EMBA Application process? Maximize your applications with help from The Essay Experts MBA Admissions Consulting Services. Or feel free to email me directly at larryessayexpert@gmail.com. Larry Sochrin

Friday, May 22, 2020

Effects Of Amendment 2 On The State Florida - 972 Words

Has anyone done any research on what the effects Amendment 2 would have on the state Florida? Well the opposition clearly did not do any research and the politicians used smooth talking fallacies to blind side the voters. It is time to see the holes in their stance on medical marijuana. â€Å"The Smokescreen† as defined by the author Joe Cardona from the Miami Herald, is the lack of liability Amendment 2 brought to the table when it hit the polls in October. His meaning behind this is because a medical marijuana user would not be receiving a prescription from a trained medical physician. Instead, they would be receiving a referral for a license to receive treatment and they would have it forever. Also as part of Joe Cardona’s â€Å"Smokescreen† theory, because the fact that Amendment 2 is a constitutional amendment that there would have been no way to tweak or amended it, like a legislative law would. So regulating the consumption of medical marijuana would be impossible. (Cardona, 2014) Unfortunately he is not the only one to interpret Amendment 2 this way. Dr. Rafael Miguel, director of the Sarasota Memorial Institute for Advanced Medicine s Pain Medicine Program and representatives for Drug Free America. He states that You don t get refills, you get it forever. There s no regulation on consumption. (Gillin, 2014) These bold statements were completely wrong and very misinforming. The referral would also have a date attached, so a doctor would put on the referral how long theShow MoreRelatedThe Death Penalty1347 Words   |  6 Pagesconcept of the death and if it is truly constitutional in regards to the other amendment. The first case that the Supreme Court ruled on that shaped the modern death penalty is Furman v. Georgia. On June 29, 1972, the Burger Court answered the question â€Å"Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?† (Furman v Georgia). The cases that this question is addressing are Furman v. GeorgiaRead MoreThe purpose of this policy brief is to recommend to the State of Florida a policy that will1200 Words   |  5 PagesThe purpose of this policy brief is to recommend to the State of Florida a policy that will legalize same-sex marriage and acknowledge same-sex marriages recognized by laws in other states. This policy is necessary because current laws in Florida that restrict marriage to different-sex couples violate the US Constitution’s commitment to equal protection under the law and because the Due Process Clause protects individuals freedoms of personal choices, which includes their choice to marry and haveRead MoreGay Adoption Should Be Legal1411 Words   |  6 Pagesno longer the only way to raise a child. Today, it is becoming more common for homosexuals to raise children. It is legal for heterosexuals to adopt children in all states; however, homosexuals do not have the same right. Many states are trying to find loopholes to ban homosexuals from adopting. Gay adoption should be legal in all states because children can be raised in the same upbringing as heterosexual parents, sometimes can have better lives than those who are raised by heterosexual parents, andRead MoreThe Fourth Amendment in Criminal Procedure Essay1516 Words   |  7 PagesThe Fourth Amendment to th e United States Constitution was first introduced in 1789 by James Maddison, and was a part of the Bill of Rights which includes the first ten amendments. The Fourth Amendment was created and ultimately it was created to protect two things the right to privacy and the freedom against unlawful invasions. The exact wording of the Fourth Amendment is â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizuresRead More The Right to Own a Gun Essay1072 Words   |  5 Pagesgovernment to tamper with your civil liberties? In recent years, anti-gun politicians have attempted to control guns in the name of crime prevention this is an assault on the Second Amendment rights of US citizens . The Second Amendment states, â€Å" A well regulated Militia being necessary to the Security of a free state, the right of the people to keep and bear arms, shall not be infringed.† Not only did our Founding Fathers focus thei r debate on the right of people to keep and bear arms, they devotedRead MorePrivacy, As Defined By The Merriam-Webster’S Dictionary1354 Words   |  6 Pagesis, â€Å"the quality or state of being apart from company or observation†(Merriam-Webster, 2011), and â€Å"freedom from unauthorized intrusion†(Merriam-Webster, 2011). Interestingly, the Constitution of the United States does not expressly protect a person s right to privacy! There are however some provisions to privacy within the Bill of Right and the Amendments to the Constitution that do. Among them are the first amendment, that ensures the privacy or belief, the third Amendment, that guarantees theRead MoreEssay about The Bush versus Gore Crisis609 Words   |  3 Pageshad won, but when they woke up they found out that bush had won with Florida’s twenty-five electoral votes. It happened on November 7, 2000. Bush charged that the recounts in Florida broke the rules of the Equal Protection Claus e of the Fourteenth Amendment to the United States Constitution. A 7-2 majority ruled that the Florida recount was being conducted unconstitutionally. The case was covered in controversy as the Majority versus minority opinion on the redress was split along the lines of the moreRead MoreCase Study : Burger King V. Rudzewicz919 Words   |  4 Pagesjurisdiction applied to a franchisee of Burger King restaurants, whose headquarters was in Miami, Florida, when the franchisee and his restaurant were in Drayton Plains, Michigan. The Supreme Court found that personal jurisdiction did apply, holding that â€Å"Jurisdiction is proper, however, where the contacts proximately result from actions by the defendant himself that create a â€Å"substantial connection† with the forum State† (Warner, 2012, p. 135). Further: Rudzewicz’ refusal to make the contractually requiredRead MoreThe Death Penalty Of Capital Punishment960 Words   |  4 Pagespathologies it creates, one must first consider what pathogies it actually creates: (1) It plays a role in producing or exacerbating mental illness in prison; (2) it affects the psychology and self-perception of prisoners, whether or not they can be described as mentally ill; and (3) it raises broader questions about the larger or â€Å"collateral† effects of the US prison complex. My evaluation of the Supermax system is that it is a method to make money, but is broken system and not beneficial or healthy forRead MoreCongressmen See The Incumbency Advantage As A Blessing1105 Words   |  5 Pagesthat 97% of incumbents were reelected in the past four congressional elections (Friedman 2). The incumbency advantage is clearly evident, and puts the democracy at risk because America was built on the foundation that no one person should fully control the country. Elections are held for our legislators in government to promote the shift in power. It was a leading cause to the creation of the XXII amendment stating that the president can serve two terms max. Each district is hurt by having long-term

Thursday, May 7, 2020

Health Policy, Healthy Cities - 1370 Words

Health Policy, Healthy Cities Policies make the world a more tolerable place to live in. It gives us the societal standards of what is wrong and what is right. It is also expected to be the common ground for all individuals no matter where they are from or how much they earn. In a perfect world, policies are always followed and there would be no loopholes. But sadly, we do not live in a perfect world. Going back to the past two journals that we had, I have realized how much improvement is still needed in the policies and procedures that are already in place in order to protect the majority and advocate for the vulnerable. This journal aims to explore the role of the community in establishing health policies. In this journal, I will talk about my attendance at the Los Amigos meeting in Anaheim, share my experience in attending the Homeless Families with Young Children: A Community Response conference in Long Beach, discuss what I have learned in the Community Health Improvement Plan in Riverside County, and examin e the relevance of my experiences to public health as well as to my personal and professional growth. The first community meeting that I have ever attended was the Los Amigos meeting in Anaheim. As soon as I sat down, the facilitator came up to me and told me how the meeting usually goes. They have a board in front where members could write their personal or community petitions. The Los Amigos members are very welcoming, which gave me the sense of being a part ofShow MoreRelatedThe Quad Cities Area Adult Population1445 Words   |  6 PagesThe Quad Cities Area adult population generally fails to meet the USDA’s recommended dietary guideline of consuming at least five servings of fruits and vegetables per day, with only 35.7% reporting meeting these guidelines (Professional Research Consultants, 2015). This policy analysis will review current community efforts within the Quad Cities area that are concentrating on improving fruit and vegetable consumption of area adults. Additional policy options to help increase access, knowledge andRead MoreCalorie Research Paper Outline1035 Words   |  5 Pages†¢ St. Petersburg, FL o In a commitment to the health and wellness of employees and citizens of St. Petersburg, Florida, Mayor Rick Kriseman signed 2016’s Administrative Policy #090130 to improve the nutrition of foods and beverages sold in vending machines on City-owned and operated facilities. The standards require snacks to contain less than 200 calories (except fruit and nut mixes), lower sodium, no trans-fat, and reduced sugar. For beverages, 75% of offerings must include water, 100% fruit juiceRead MoreDoes San Francisco Have The Obligation Of Provide Citizens With Health Access?1022 Words   |  5 PagesCitizens with Health Access? Misty Dawson Kaplan University Case Study: Does San Francisco Have the Obligation to Provide Citizens with Health Access? The question of whether governments have an obligation, legally or morally, to provide citizens with access to health care is one that has been debated for decades and will more than likely continue to be for years to come. Some say governments are morally obligated to provide access and others say they are bound by the right to health. Do governmentsRead MoreReasons For The Food Policy Council For New York City942 Words   |  4 PagesReasons to establish Food Policy Council for New York City New York City has about 8 million residents. Out of 8 million 1.8 million low-income residents rely on the Supplemental Nutrition Assistance Program (nyc.gov). According to Hunger Experience poll done by food bank of NYC approximately 2.6 million new Yorkers reported difficulty to buy food in 2012 which is 32 percent of the population. About 30 percent of the residents buy less food to afford living in the NYC, and about 17 percent ofRead MoreUnderstanding The Governance Function Of The Chicago Board Of Health1598 Words   |  7 Pagesabout Understanding the governance function of the Chicago Board of Health (CBOH). The first section of the paper will describe the services offered by the Chicago department of health (CDPH), and powers bestowed on the Chicago Board of Health in order to perform its duties efficiently. Additionally the roles and functions of the Chicago Board of Health will be enumerated. Also discussed in this section is how the Department of Health in Chicago col laborates with other government and private agenciesRead MoreArtificial Trans Fat Ban in New York City Essay1009 Words   |  5 PagesNew York City Health Code â€Å"eliminates the use of artificial trans fat in foods stored, distributed, held for service, used in preparation of any menu item, or served in any food service establishment (1).† Multiple stakeholders are affected by this policy. These include New York City patrons, restaurants, the New York Health Department, and public health officials. The Department of Health received 2,200 comments in favor of this policy and 70 comments in opposition. The New York Health DepartmentRead MoreEssay on Healthy San Francisco Plan883 Words   |  4 PagesFrancisco began its Healthy San Francisco Plan designed to provide health care for all San Francisco citizens. In 2007, it was estimated that San Francisco had 82,000 uninsured citizens. Under the plan, all uninsured citizens residing in San Francisco can seek care at the citys public and private clinics and hospitals. The basic coverage includes lab work, x-rays, surgery, and preventative care. The city plans to pay for this $203 million coverage by rerouting the $104 million the city currently spendsRead MoreThe Minority Action Committee ( Mac ) Of San Diego Essay1542 Words   |  7 Pagescommitted to improving the liv es of minorities through the adoption of favorable policies. MAC is highly concerned with the high obesity rates amongst minority communities. This policy brief will outline the factors pertaining to the persistent obesity rates amongst minorities – specifically, Latino and African American communities — and provide policy suggestions to the San Diego city council MAC believes will assist the city of San Diego in reducing the obesity rate in minority communities. Issue TheRead MoreThe Federal Food And Nutrition Program Model1345 Words   |  6 Pages(Hargreaves, 2015). The Food Trust and Philadelphia’s health department became partners in 2010 and since, the Trust has to some degree or another renovated over 200 stores around the city. For reference, â€Å"a full-on conversion like Olivares cost about $60,000† (Hargreaves, 2015). Though somewhat costly and no guarantee, preliminary data suggests the makeovers are having a positive impact. Some participating stores offer monthly neighborhood health checkups, and early indicators are that people whoRead MoreChildhood Obesity : An Ecological Approach Targeting Child Care Centers1612 Words   |  7 PagesFrancisco The aim of this policy proposal is to address the importance of creating an early intervention program to reduce childhood obesity. This prevention plan will be conducted within the cities of San Pablo and Richmond in Contra Costa County. It will focus on meeting the Healthy California 2020 goals of promoting health, adopting healthy eating habits, and maintaining a healthy body weight. This proposal will collaborate with local nutritionists and health educators to provide child care

Wednesday, May 6, 2020

Understanding of Sexual Harassment Free Essays

Sexual harassment is one of the biggest problems facing our schools and businesses today. A week rarely goes by without a reminder of the pervasiveness of sexual harassment as a social problem. Sexual harassment is a growing problem in the government agencies, schools, and the corporations of the world; however, many corporations are now adopting new anti-harassment policies. We will write a custom essay sample on Understanding of Sexual Harassment or any similar topic only for you Order Now (Conta) The definition of sexual harassment is any unwanted or inappropriate sexual attention. That includes touching, looks, comments, or gestures. A key part of sexual harassment is that it is one sided and unwanted. There is a great difference between sexual arassment and romance or friendship, since those are mutual feelings of two people. Often sexual harassment makes the victim feel guilty, but it is important for the victim to remember that it is not their fault, the fault lies totally on the person who is the harasser. Many times fear is involved in sexual harassment because it isn’t about physical attraction, it’s about power. In fact, many sexual harassment incidents take place when one person is in a position of power over the other; or when a woman has an untraditional job such as a police officer, factory worker, business executive, or ny other traditionally male job. Typical victims of harassment are young, single, college-educated, members of a minority racial or ethnic group (if male), in a trainee position (or office/ clerical positions if male), or have an immediate supervisor of the opposite Presently, it is hard for courts and others to decide when sexual harassment has taken place because the definition of sexual harassment is much too broad. Clearing up the legal definition of sexual harassment would discourage and punish harassers and bring comfort to the victims. Here are some points to remember in deciding hen sexual harassment takes place: Sexual harassment is one-sided and * It is about power and not attraction. * Subtle sexual behavior is sometimes socially acceptable, but some would consider it offensive and want it stopped. * Moderate sexual behavior is not socially acceptable, reasonable * Severe sexual behavior is never acceptable. (Swisher 28) Sexual harassment is a major problem in public schools, colleges, and universities. Surveys on college campuses show the number of respondents reporting to have been sexually harassed ranging from 40-70 percent. Only two percent of campus harassment ases involve a professor demanding sex in return for a good grade. Most cases involve male and female students. In public schools current sexual harassment definitions are inappropriate, since bad sexual behavior of today’s children isn’t sexual harassment, but it is a reflection of the vulgar, violent, and the sexually explicit nature of our media and culture. When little six-year-old children get suspended from school for kissing girls on the cheek, it is not an example of sexual harassment but of political Sexual harassment is still a big problem in schools and every school district in Washington now has an antiharassment policy. Junior high or middle school has the biggest problem with sexual harassment mainly because of their immaturity and out-of-control hormones†. Says Viki Simmons of the YWCA. â€Å"Many times in high school, students don’t think anything about it when harassment happens, but schools are now cracking down on it†. Simmons interview) In the business world employers are now on notice that sexual harassment will no longer be tolerated in the workplace. Claims brought against alleged harassers include wrongful termination, invasion of privacy, violation of due process and free speech rights, efamation, and intentional infliction of emotional distress. Sexual harassment usually happens to women in low-paying jobs, or women that have to have a job in order to support themselves and children. If sexual harassment happens at work, write down a detailed description of what took place, so that it is well recorded and you don’t have to think back to the incident. You should keep a note pad handy for this purpose, or write it on a napkin to help you * What actually took place and what the offender said Another way to do this is to write a letter to the harasser. Be sure to keep a copy. Tell the person clearly in the letter that his behavior toward you is unwanted. Tell the person that he will be reported if the behavior doesn’t stop (Kolbert). According to the research group Catalyst, recent studies have found that 40 percent to 60 percent of woman say they have been harassed sometime in their Employers have a duty to investigate allegations of sexual harassment, and their employees have a legitimate interest in knowing what activities could result in their termination. Ever clearer definitions of sexual harassment are being implemented by more and more corporations around the country. As this happens, an ncreasing number of companies are searching for new ways of protecting themselves against allegations, adopting their own anti- harassment policies to combat this growing problem. CEO’s should do a variety of things to stop sexual harassment in the work place. The most important thing is senior management makes it clear to workers that harassment in any form won’t be tolerated. If top managers don’ take the issues seriously, employees won’t either. Managers must also understand they are responsible for their Companies need an explicit written policy on sexual harassment that is widely available in the workplace. Most consultants advise companies to do more than just post the policy on bulletin boards. They should distribute it company wide, repeatedly. Copies should be included in new employee orientation packets. Employees should have clear definitions of what sexual harassment is Many companies are now offering employee training sessions on sexual harassment, and many say that follow up training is a good idea. Training programs should include all employees, rather than just managers. The tone should be gender neutral and avoid heavy discussions on male harassment that might cause some resentment among the male employees. Many times programs aren’t effective because they spend a lot of time just attacking men and not the crime. Companies need a good system to deal with complaints. A clear process for handling complaints shows that a company takes them seriously. Until 1991 it was harder for woman to make allegations of sexual harassment, since woman felt like there was nothing that they could do about it. But the highly publicized hearings of Clarence Thomas and Anita Hill in 1991 changed everything. During the fall of 1991, the subject of sexual harassment grabbed news headlines. Everyone began discussing this issue and motions ran high. Judge Clarence Thomas was nominated to be a Supreme Court Justice, which is America’s highest court, and Supreme Court Justices have their jobs for life. They cannot be fired. Before a person can be made a Justice, he or she must be questioned and Judge Thomas was ounce the head of a U. S. agency called the EEOC. The EEOC makes sure everyone is treated fairly when applying for a job. It also enforces laws against sexual harassment. Anita Hill is a law professor who worked with Judge Thomas at the EEOC many years ago. A few weeks into the Congressional Questioning she came orward and accused Thomas of sexual harassment. She claimed that he used to constantly ask her for dates and spoke to her about pornographic films he had seen. Anita Hill said that she was deeply offended by these remarks but felt that she could not complain. Clarence Thomas was her boss, and she thought that her career could be Anita Hill was a very believable witness. But Judge Thomas denied her charges in the strongest possible terms. Who was telling the truth? The country was divided. But the issue was being discussed everywhere. Women from all across the nation told of their experiences with sexual harassment. And many men admitted being Finally, the senate voted to approve Judge Thomas. But the vote was close. Many senators had doubts about Thomas’s character. Others did not the, Thomas’s career should be destroyed because of one person’s story. They said there was not enough evidence to prove there was wrongdoing. In the end, everyone agreed that sexual harassment is a serious problem everyone must become more sensitive It’s important to know that men have trouble too. Women are not the only victims of sexual harassment. More and more men are being harassed in the workplace, classrooms, and locker rooms. Whoever is in the position of power tends to be the harasser. Men can a be victims of both woman and other men Sexual harassment is very wide spread, but there are ways of avoiding it, such as: Keeping everything strictly on a business level. If working in the same room as the harasser, create a barrier between the two work stations with a desk or file cabinet, etc. Do not ask for personal favors or special treatment from the harasser so that he won’t feel he is owed anything. Do not talk about anything personal. Sexual harassment is always wrong. No one deserves it. And it is always hurtful to the victim. How to cite Understanding of Sexual Harassment, Essay examples

Monday, April 27, 2020

The Three Slogans of the Party free essay sample

And perhaps you might pretend, afterwards, that it was only a trick and that you Just said it to make them stop and didnt really mean It. But that isnt true. At the time when It happens you do mean it. You think theres no other way of saving yourself and youre quite ready to save yourself that way. We will write a custom essay sample on The Three Slogans of the Party or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page You want It to happen to the other person. You dont give a damn what they suffer. All you care about Is yourself. Book Three, Chapter VI. And perhaps you might pretend, afterwards, that it was only a trick and that you just said it to make them stop and didnt really mean it. But that isnt true.At the time when it happens you do mean it. You think theres no other way of saving yourself and youre quite ready to save yourself that way. You want it to happen to the other person. You dont give a damn what they suffer. All you care about is yourself. Book Three, Chapter VI. In the end the Party would announce that two and two made five, and you would have to believe It was inevitable that they should make that claim sooner or later: the logic of their position demanded it. Not merely the validity of experience, but the very existence of external reality was acidly denied by their philosophy. Book One, Chapter VII. In the end the Party would announce that two and two made five, and you would have to believe It. It was Inevitable that they should make that claim sooner or later: the logic of their position demanded It. Not merely the validity of experience, but the very existence of external reality was tacitly denied by their philosophy.

Thursday, March 19, 2020

Free Essays on Does Music Have An Influence On Teens

Music, music videos and the lyrics that go along with the music of this century are greatly influencing the youth of America in negative ways. It is portraying the use of alcohol and drugs as both normal and acceptable, and also glorifying it. It is showing young women wearing provocative clothing, and promoting pre-marital sex. It is also teaching the youth of gangs, weapons, and violent behaviors such as murder and suicide as everyday activities. It is teaching the youth to grow up and face a reality that they are not responsible for knowing. ‘Increased television and music video viewing are risk factors for the onset of alcohol use in adolescents. Attempts to prevent adolescent alcohol use should address the adverse influences of alcohol use in the media.’(Television and Music Video Exposure and Risk of Adolescent Alcohol Use) Many rappers glorify the use of drug and alcohol use. They rap about smoking weed, popping pills, and drinking forty’s, and the youth of America is paying attention to these lyrics. Is it not bad enough that they rap about such behaviors that MTV had to give them the privilege of promoting such negative behavior in their videos. Such music or hip hop or rap is not always a danger for a teenager, but if a teenager is always interested in the unsound lyrics that are the themes of their music it can cause teenagers to be isolated, depressed, and turn to drug and alcohol use.(The Influence of Music and Music Videos) Sex sells, or at least the record industries say so. Just ask Brittney Spears or Nsync who credit of success normally is not given to their ability to sing but rather to their good looks. Another source you can yet again turn to is rap videos, who are widely known for the dancers, which are normally women in lingerie or skimpy bathing suits. Many parents are afraid to sit down and watch TV at night with they young children because they are afraid of what they will see on the ... Free Essays on Does Music Have An Influence On Teens Free Essays on Does Music Have An Influence On Teens Music, music videos and the lyrics that go along with the music of this century are greatly influencing the youth of America in negative ways. It is portraying the use of alcohol and drugs as both normal and acceptable, and also glorifying it. It is showing young women wearing provocative clothing, and promoting pre-marital sex. It is also teaching the youth of gangs, weapons, and violent behaviors such as murder and suicide as everyday activities. It is teaching the youth to grow up and face a reality that they are not responsible for knowing. ‘Increased television and music video viewing are risk factors for the onset of alcohol use in adolescents. Attempts to prevent adolescent alcohol use should address the adverse influences of alcohol use in the media.’(Television and Music Video Exposure and Risk of Adolescent Alcohol Use) Many rappers glorify the use of drug and alcohol use. They rap about smoking weed, popping pills, and drinking forty’s, and the youth of America is paying attention to these lyrics. Is it not bad enough that they rap about such behaviors that MTV had to give them the privilege of promoting such negative behavior in their videos. Such music or hip hop or rap is not always a danger for a teenager, but if a teenager is always interested in the unsound lyrics that are the themes of their music it can cause teenagers to be isolated, depressed, and turn to drug and alcohol use.(The Influence of Music and Music Videos) Sex sells, or at least the record industries say so. Just ask Brittney Spears or Nsync who credit of success normally is not given to their ability to sing but rather to their good looks. Another source you can yet again turn to is rap videos, who are widely known for the dancers, which are normally women in lingerie or skimpy bathing suits. Many parents are afraid to sit down and watch TV at night with they young children because they are afraid of what they will see on the ...

Tuesday, March 3, 2020

Types of Scales in Social Science Research

Types of Scales in Social Science Research A scale is a type of composite measure that is composed of several items that have a logical or empirical structure among them. That is, scales make use of differences in intensity among the indicators of a variable. For example, when a question has the response choices of always, sometimes, rarely, and never, this represents a scale because the answer choices are rank-ordered and have differences in intensity. Another example would be strongly agree, agree, neither agree nor disagree, disagree, strongly disagree. There are several different types of scales. We’ll look at four commonly used scales in social science research and how they are constructed. Likert Scale Likert scales are one of the most commonly used scales in social science research. They offer a simple rating system that is common to surveys of all kinds. The scale is named for the psychologist who created it,  Rensis Likert. One common use of the Likert scale is a survey that asks respondents to offer their opinion on something by stating the level to which they agree or disagree. It often looks like this: Strongly agreeAgreeNeither agree nor disagreeDisagreeStrongly disagree Within the scale, the individual items that compose it are called Likert items. To create the scale, each answer choice is assigned a score (for instance, 0-4), and the answers for several Likert items (that measure the same concept) can be added together for each individual to obtain an overall Likert score. For example, let’s say that were interested in measuring prejudice against women. One method would be to create a series of statements reflecting prejudiced ideas, each with the Likert response categories listed above. For example, some of the statements might be, Women shouldn’t be allowed to vote, or Women can’t drive as well as men. We would then assign each of the response categories a score of 0 to 4 (for example, assign a score of 0 to strongly disagree, a 1 to disagree, a 2 to neither agree or disagree, etc.). The scores for each of the statements would then be totaled for each respondent to create an overall score of prejudice. If we had five  statements and a respondent answered strongly agree to each item, his or her overall prejudice score would be 20, indicating a very high degree of prejudice against women. Bogardus Social Distance Scale The Bogardus social distance scale was created by sociologist Emory S. Bogardus as a technique for measuring the willingness of people to participate in social relations with other kinds of people. (Incidentally, Bogardus established one of the first departments of sociology on American soil at the University of Southern California in 1915.) Quite simply, the scale invites people to state the degree to which they are accepting of other groups. Let’s say we are interested in the extent to which Christians in the U.S. are willing to associate with Muslims. We might ask the following questions: Are you willing to live in the same country as Muslims?Are you willing to live in the same community as Muslims?Are you willing to live in the same neighborhood as Muslims?Are you willing to live next door to a Muslim?Are you willing to let your son or daughter marry a Muslim? The clear differences in intensity suggest a structure among the items. Presumably, if a person is willing to accept a certain association, he is willing to accept all those that precede it on the list (those with lesser intensities), though this is not necessarily the case as some critics of this scale point out. Each item on the scale is scored to reflect the level of social distance, from 1.00 as a measure of no social distance (which would apply to question 5 in the above survey), to 5.00 measuring maximize social distance in the given scale (though the level of social distance could be higher on other scales). When the ratings for each response are averaged, a lower score indicates a greater level of acceptance than does a higher score. Thurstone Scale The Thurstone scale, created by Louis Thurstone, is intended to develop a format for generating groups of indicators of a variable that have an empirical structure among them. For example, if you were studying discrimination, you would create a list of items (10, for example) and then ask respondents to assign scores of 1 to 10 to each item. In essence, respondents are ranking the items in order of the weakest indicator of discrimination all the way to the strongest indicator. Once the respondents have scored the items, the researcher examines the scores assigned to each item by all the respondents to determine which items the respondents agreed upon most. If the scale items were adequately developed and scored, the economy and effectiveness of data reduction present in the Bogardus social distance scale would appear. Semantic Differential Scale The semantic differential scale asks respondents to answer a questionnaire and choose between two opposite positions, using qualifiers to bridge the gap between them. For instance, suppose you wanted to get respondents’ opinions about a new comedy television show. Youd first decide what dimensions to measure and then find two opposite terms that represent those dimensions. For example, enjoyable and unenjoyable, funny and not funny, relatable and not relatable. You would then create a rating sheet for respondents to indicate how they feel about the television show in each dimension. Your questionnaire would look something like this:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Very Much  Ã‚  Ã‚  Ã‚  Ã‚  Somewhat  Ã‚  Ã‚  Ã‚  Ã‚  Neither  Ã‚  Ã‚  Ã‚  Ã‚  Somewhat  Ã‚  Ã‚  Ã‚  Ã‚  Very MuchEnjoyable  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  X  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  UnenjoyableFunny  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  X  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Not FunnyRelatable  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  X  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Unrelatable

Saturday, February 15, 2020

An Analysis of a Consequentialist Claim in the Dalai Lama Essay

An Analysis of a Consequentialist Claim in the Dalai Lama - Essay Example Issues to do with the rise in population and the advancement of technology are affecting the nature. He says that the environmental disasters being witnessed are due to our irresponsible behavior. Lama gives a case example of Tibet where he grew up and the changes in environment that have undergone in the past years and its consequences (Gyatso 1). According to Lama, Tibet was once a wildlife paradise. The wildlife in Tibet was rarely hunted and hunting only occurred in the remote areas where crops could not be planted. It was a custom for the government officials to make a proclamation on protecting wildlife. He claims that there were no provisions to harm the animals whether on land or in water, in fact, the only animals allowed to do so were the wolves and rats. However, the contribution of hunting in the loss of wildlife is not significant (Gyatso 1). He offers a vivid picture of Tibet when he was young. During his travelling at that time, he used to see a number of species on the way. These species range from mammals to birds. He recalls how he interacted with the animals and other forms of nature (Gyatso 1). The wildlife is long gone and this is due to the loss of habitat and partly due to hunting. Only a small fraction of the habitat remains in Tibet. The forests in Tibet are also gone; he compares the present state of Tibet forest with a clean shaven monk’s head. He says that the solutions lie within us and there is need to fix our behaviors not the environment; technology does not offer most of the solutions (Gyatso 1). The argument of Dalai Lama is valid to some extent. The source of environmental destruction is from the human beings. This is true because most of the activities done by human beings including industrialization affect the environment negatively. Most of the environmental disasters like floods are due to deforestation and the destruction of habitats. Thus, his claim that environmental disasters are due to our irresponsible

Sunday, February 2, 2020

Law Of International Insurance contracts Essay Example | Topics and Well Written Essays - 2500 words - 1

Law Of International Insurance contracts - Essay Example The Convention recognized the inherent risks of the aviation industry, thus, it seek to protect the airline companies by putting limitations on its liabilities towards it passengers and cargo. To strike a balance between protecting the interest of the airline companies and protecting the welfare of the passengers, the framers of the Warsaw Convention 1929 instituted provisions that define the certain terms. Section 17 of the Warsaw convention specifically said that, â€Å"The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. â€Å" The definition of â€Å"accident† according to the Warsaw Convention has been the subject of many debates and arguments in and outside of the courts for several years. In settling arguments, the courts have defined the word â€Å"accident† in many decided cases both in the United States and the in the United Kingdom. To get a clearer picture of how the courts define the word â€Å"accident† and how this definition has affected the insurable interests of aircrafts and their passengers, let us take a closer look at the leading cases decided by the Courts. The definition of the word â€Å"accident† in the airline industry is the same in both the United States and the United Kingdom. Note that the Warsaw Convention was meant to establish a uniform liability of airline companies towards their passengers thus, the courts, in defining the word â€Å"accident† according to Article 17 of the convention, adopt a more or less interpretation. According to the provisions of the Warsaw Convention, it is not enough that the carrier failed to convince the court that it took all necessary

Saturday, January 25, 2020

Canada and Chemical Weapons :: Canadian Canada History

Canada and Chemical Weapons Chemical weapons date back the Peloponnesian war of 428-424 BC when they were used against the Spartans; the chemicals used were incendiary devices and sulfur-based gases that were blown by the wind onto besieged cities. The chemical weapons used then aren't nearly as deadly as those used in more recent times such as mustard gas, they were more to cause there enemies to retreat. There have been many incidents in history in which chemical weapons have been used as I have found in two articles on the history of chemical weapons. The articles I found are "A Short History of Chemical Weapons", and "Creating the Faith: The Canadian Gas Services in the First World War". Chemical weapons have been used in many occasions in war, including Ancient Times, The Middle Ages, World War I, and World War II and so on throughout time. Many kinds of chemical weapons have been used but modern chemical weapons started on April 22, 1915, with the Germans use of Chlorine gas on the Allie troops in WWI. In this incident 6,000 cylinders of the gas were released by 2 battalions along a 6 kilometer of the front, and the wind dispersed the clouds of gas killing 5,000 soldiers and putting 1,500 more out of the war. This caused great panic because nothing like this had happened before and wasn't expected by the allies. Previous to this event in the Middle Ages they used such things as arsenic and more natural things as chemicals which were as powerful as the chlorine gas ended up being in WWI. Chemical weapons were used many times after the Germans used chlorine gas in WWI, chlorine, phosgene, benzyl bromide, hydrogen cyanide, and then mustard gas in 1917. Mustard gas bec ame the worst and most popular chemical weapon used when it came out because of how harmful it was to the enemies; in addition it was figured that 1,300,000 soldiers were killed by the chemical weapons by the end of WWI. This essay stated that: "If the first World War had continued for yet another year it would indeed have been called the first Chemical War" (A Short History of Chemical Weapons) In WWII the use of chemical weapons decreased a lot and was only used in the Far East. Since WWI has really been called the birthplace of chemical weapons Tim Cook starts his article there with the Germans use of chlorine gas and how chemical weapon use escalated from that point.

Friday, January 17, 2020

Criminal Law Revision Notes

Homicide †¢  ·Law: X's actions toward Y may constitute homicide, which pursuant to s 277 is unlawful killing of a person. Depending on the circumstances, under s 277 an unlawful (s268) killing is either murder or manslaughter. Killing is defined in s 270 as causing the death of another directly or indirectly by any means. Death is defined under 13C of the Interpretation Act 1984 (WA) as the irreversible cessation of circulation or brain function. A person capable of being killed is defined under s 269 as a person completely proceeded in a living state from their mother. Y is a person. Y is dead’ †¢ Variable for s269: Where an injury is done to an unborn child who then dies after birth it must be established that the prior injuries are a valid cause of death. In the case of Martin v R it was held that a causal link can be drawn between injury to a foetus and the death of that child after birth. Specific reference was made in the case to s 271 where â€Å"a child di es in consequence of acts done †¦ by any person before or during birth, the person who did †¦ such act is deemed to have killed the child. †¢ Causation – Proof of causation requires satisfaction of both factual and legal elements (Royall; Krakouer) [what you need to look at is the causation between the act and the death, so when you apply the tests, you pick a specific action of the accused. If there is no action, then you look at omission. ] ? Factual – Generally easy to establish factual causation under the ‘but-for' test (Royall). Variable: However, it does not apply in cases of an innocent agent (White v Ridley) or in cases of omission, unless there was a duty and the actions are reasonable in the circumstances (duties ss 262-267). Apply to facts by stating very precisely . ’but for Y doing specifically this, X would not have done this and hence not died] ? Legal – Royall established four tests for legal causation. In difficult ca ses the operative and substantial cause is best. (1) Operating and substantial cause (2) Natural consequence (3) Reasonable foresight (4) Common sense (Campbell) ? Variable for causation: Behaviour of accused need not be sole cause of death (Krakouer) ? Novus Actus Interveniens: (1) Section 272 and Royall: actions of escaping victim will not reak the chain if fear of death or harm is reasonable and well founded. (2) Section 275: medical treatment of victim will not break chain if reasonably proper in circumstances and applied in good faith. Treatment includes all acts and omissions in the management of the patient (Cook). Turning off life support is not novus actus; original assault is still operative and substantial cause of death (Kanish). (1) Section 23B and R v Martyr: Abnormality or weakness in victim will not break chain. Must take victim as you find them. (3) R v Hallet: natural event will not break chain if it is reasonable foreseeable. 4) R v Pagett: Actions of third party will not break the chain if actions are an obvious result of what first person did. (5) Section 261: Consent to death is immaterial to issue of responsibility. †¢ Intention: The fault element in s 279(1)(a) is an intention to kill, and under s 279(1)(b) it is an intention to do bodily injury which endangers or is likely to endanger life. Intention is not defined in the code. In R v Willmot intention is defined as having the consequence of an action in mind. The intention is inferred from the act if the immediate consequences are obvious and inevitable (Parker v The Queen). Code: ? s279(1)(a): intention to kill is murder ? s279(1)(b): Intention to cause bodily injury of a nature that endangers or is likely (Hind v Harwood) to endanger life is murder. ? s279(1)(c): (1) Death is caused by an act; (2) done in the prosecution of an unlawful purpose; (3)which is of the nature to be likely to endanger life. A ‘further' unlawful purpose other than killing (Stuart v The Queen). Li kely is define as a substantial (real and not remote) chance (Hind v Harwood). ? s280: Manslaughter is unlawful killing that is not murder (due to lack of intention). ? 281: unlawful assault (s 222) causing death: Defence against manslaughter (s 23B accident). Only 2 elements must be proved: assault (s 222) and death caused. [you only get to 281 after you have said that there is a defence of 23B. although, maybe not, it could also be lackof causation, but it’s not really correct here with murder/manslaughter]  · Defences: ? 23A: lack of will ? 23B: accident ? 24: mistake of fact ? Mistake of law should be here too, if only to state that it is not relevant ? 27: insanity ? 28: intoxication ? 29: immaturity ? 248: self-defence Stealing, s378, 371 Law: It is an offence to steal under s 378. The elements (s371) to be satisfied are that (1) taking or converting; (2) a thing capable of being stolen; (3) with fraudulent intent. ? A thing capable of being stolen is defined in s 370 . Anything which is the property of a person that is moveable (para 1), able to be made moveable (para 2), wild (para 4)and tame animals (para 3), electricity (s390), use of a computer (s440A), or any thing capable of ownership. Doesn’t matter if belongs to person who’s taking for this element ? Taking is not defined in the Code.It is defined in Wallis v Lane as moving (Clemesha) a thing from the place it originally occupied. Conversion is also not in the Code. In Illich it is defined as dealing with an object in a way that is inconsistent with the right of the owner (not a physical movement). Defence of mistake of fact can occur at this point where there is a mistake as to the identity of transferee (Middleton), identity of thing delivered (Ashwell), and as to the quantity of thing delivered (Russell v Smith), except with money where ownership passes at point of transfer irrespective of mistake (Illich). Fraudulent intent is outlined in s 371(2)(a) to (f). It is: (a) an intent to permanently deprive owner of the thing; [add: and to depreive of substantial value, caselaw] (b) an intent to permanently deprive any person who has any special property in the thing. The intent can be inferred from the circumstances and the manner in which the accused deals with the property (Foster v R). An intent to deprive the owner substantially of its value is equivalent to an outright taking (R v Smails); special property see after (f) (c) An intent to use as security.This applies only where the thing is pledged or given as security to a third party. Does not apply where accused holds property until a debt owed to them by the owner of the property is paid (Parker); (d) An intent to part with it on a condition as to its return; (e) An intent to deal with it in such a manner that it cannot be returned in the original condition – must have changed significantly (Bailey); or (f) An intent to use money at will, even though person taking may intend to repay owne r. Variable: Under s371(5) conversion of lost property is not fraudulent if, at time of conversion, person taking/converting does not know who owner is AND reasonably believes that owner cannot be discovered. †¢ Variable: Doctrine of recent possession allows a jury to draw an inference of stealing or receiving where accused is found in possession of stolen goods soon after their theft and has no reasonable explanation as to how they came into their possession, Bruce v The Queen.  · Defence: Legal claim of right (s22) means accused had an honest, but not necessarily reasonable, belief that the property was theirs ( ).Robbery, s392 †¢ Law: Robbery is a compound offence defined in s392 as (1) stealing; (2) using actual/ threatened violence at/ immediately before/immediately after time of stealing; (3) to obtain thing stolen; OR (4) to prevent/overcome resistance to its being stolen. †¢ Prosecution must prove offence of stealing (as outlined on previous page). †¢ A ctual or threatened violence only has be be small to fulfill this element (R v Jerome). It only needs to be of such nature as to show that it was intended to overpower the party robbed, not merely to get possession (R v Gnosit). At, immediately before or after time of stealing includes the use of violence to escape or overcome resistance (R v Hay). †¢ Stealing has a fault element, but robbery has the added fault element of using the actual or threatened violence in order to obtain thing stolen or prevent resistance. †¢ Circumstances of aggravation under s391 include when (1) the offender is accompanied; (2) offender does bodily harm to any person; (3) offender threatens to kill any person; or (4) person to whom violence used/threatened is over 60. Burglary, s401 Law: Burglary is defined in s401 as (1) entering or beings or is; (2) at a place; (3) without consent of the owner; (4) with an intention to commit an offence OR actually committing an offence. ? Enter or be is def ined in s400 as inserting part of body OR instrument into building. ? Place is defined is s400 as Building, structure, tent, or conveyance, or part of building etc. Conveyance in s1 means vehicle, vessel, or aircraft. [if none of these, you mustlook at statutory interpretation, eg with a garden] ? Without the consent of the owner includes beyond consent of owner (Barker v The Queen). can be implied eg where a gate is open or a door. But only implied for legitimate purpose, not to commit a crime] ? Intention to commit an offence (fault element) can be formed prior to entry, or may be formed after entering building (Barker v The Queen). †¢ Circumstances of aggravation under s400 include when a person (1) has, or pretends to have, a weapon; (2) is accompanied; (3) does bodily harm to another; (4) threatens to kill or injure; (5) knows, or should have known, that there was someone in the place. Criminal Damage and Destruction, s444 Law: Criminal damage is the (1) wilful (s443) and (2) unlawful (s441); (3) damage or destruction (s1); (4) of any property (s1). Start with 4 then 3 then 1 and 2 (4) Property is define in s1 as any animate or inanimate thing capable of being the subject of ownership. (3) Damage or destroy is defined in Zischke as being when something is rendered imperfect or inoperative. Damage that is impermanent, ie remediable, is still damage unless it’s transient like chalk on a jumper. (1) Wilfully (s443) means an act or omission with the intention to damage or destroy, OR with knowledge or belief of likelihood of damage or destruction. Likelihood is (Hind v Harwood; Lockwood) a real and not remote chance, regardless of whether it is less or more than 50 per cent. ? Omission was discussed in Miller. At the point a person becomes aware of the damage occuring, they have a duty to act. (2) Unlawfully (s441) means (1) injury to property of another (i. e. Not own and not abandoned); (2) without consent; AND (3) with no authorisation, justifi cation or excuse. †¢ Defence of person or property (s441(3)) can be used if injury is deemed on reasonable grounds to be imminent. Force used must be reasonable.Common Assault, ss222, 313 †¢ Law: There are two types of assault defined in s222 of the Code: Physical assault and threat of assault. To fulfill the requirements of physical assault there must be (1) striking, touching, moving or otherwise applying force; (2) directly or indirectly; (3) to another person; without the consent of the other OR with fraudulently obtaining consent. An assault is unlawful unless authorised, justified or excused by law (s223). Fault element †¢ According to s 23 no intention is required for an offence unless stated in the offence.However, in Hall v Fonceca it was found that an intention on the part of the assailant either to use force or to create an apprehension in the victim is an element in an assault. †¢ Unlawful: an assault is always unlawful unless authorised, justified or excused by law (s223). It may also be unlawful if the person consents to the assault. †¢ Indirect force: Includes heat, light, gas or any other substance IF applied to a degree to cause injury or physical discomfort. (1) Queen v Jacob – electrical trap (2) Martin – bar across exit (3)DPP v K – acid in hand dryer (4) Gibbon v Pepper – causing horse to run someone over †¢ Without consent: Consent can be express or implied, and it must be freely given (not obtained by fraud). (1) Boughey v R: consent to accidental physical contact of ordinary life is impliedly consented to; (2) Collins v Wilcock: ‘commonplace intentional but non-hostile acts’ are impliedly consented to. (3) Pallante v Stadiums: Sporting context: contact within rules and intention of sports game. (4) Ferguson: Teaching context: touching student to ‘encourage. †¢ Law: To fulfill he requirements of threat of assault there must be (1) a bodily act or gesture (w ords not enough in WA, but sometimes needs to be discussed anyway where there is maybe just a twitch); (2) which represents actual or apparent present ability to apply force; (3) without consent OR with fraudulently obtaining consent.. †¢ Threatening words are insufficient. †¢ A conditional threat is also not a true threat of assault because the victim can avoid the threatened act (Rosza v Samuals; Cf Turberville v Savage).  · The victim need not actually fear the bodily act or gesture (Brady v Schatzel).Fault element †¢ According to s 23 no intention is required for an offence unless stated in the offence. However, in Hall v Fonceca it was found that an intention on the part of the assailant either to use force or to create an apprehension in the victim is an element in an assault. †¢ Unlawful: an assault is always unlawful unless authorised, justified or excused by law (s223). It may also be unlawful if the person consents to the assault. Offences  · s313: common assault  · s317: assault occasioning bodily harm (unlawful assault + harm).Section 1 defines bodily harm as any bodily injury which interferes with health or comfort. No extra fault element required. ? Lergesner v Carroll: broad interpretation. Extends to, for example, black eye from fight. ? Scatchard: pain does not necessarily equate to bodily harm. ? Chan-Fook : psychological harm.  · s317A: assault with intent to: ? commit crime ? do GBH ? resist lawful arrest/detention.  · s318: Serious assault is on a public officer (while they are on duty), a person performing a public function conferred on them by law, or person helping someone in the previous two categories. s304: acts/omissions causing bodily harm require establishing an existing duty (ss262-267), a breach of that duty and resulting bodily harm. If there is no harm, the must be endangerment of another's life/health/safety. Endangering life and health Definitions  · Grievous bodily harm ? s1 – any bodi ly injury that endangers/ is likely to endanger life, or causes/ is likely to cause permanent injury to health. ? R v Tranby: permanent disfigurement that is only cosmetic does not = GBH. ? Consent is not an element of GBH, therefore unlike assault, GBH cannot be consented to (Raabe)  · Wounding ?Devine v R: occurs when injury breaks skin & penetrates below epidermis. ? Consent and wounding: Common law rule says that a person may not consent to bodily harm unless there’s a public policy justification- R v Brown. Offences with no specific intention  · Unlawfully doing GBH, s297 ? Can be direct/indirect act – R v Clark. All that must be proved is that a person negligently breached his/her duty. Proof of intention to harm is not necessary. ? ‘unlawful’ – to be given ordinary meaning of ‘prohibited by law’: Houghton v The Queen †¢ Relevance of s23A, s23B/ negligence  · Unlawfully wounding – s301(1)Offences requiring a spec ific intention †¢ s294, Acts intended to cause GBH or prevent arrest. †¢ GBH + certain intention: ? an intention to maim, disfigure or disable any person; or ? an intention to do grievous bodily harm; or ? an intention to resist or prevent lawful arrest or detention; or †¢ Administering noxious thing – s301(2) ? Cause poison or noxious thing to be administered or taken + ? Intention to injure or annoy Threats, s338 [not in exam] The definition of threat in s338 is very wide and includes any statement or behaviour that might reasonably constitute a threat to: (a) ill, injure, endanger or harm any person; (b) destroy, damage, endanger or harm any property; (c) take or exercise control over any building, structure, or conveyance by force or violence; OR (d) cause a detriment of any kind to any person. The threat must be to do one of the things in s338A:. a) Gain a benefit b) Cause a detriment c) Prevent someone doing something d) Make someone do something What doe s detrimental mean? ? R v Zaphir: ? â€Å"a threat is some sort of indication of intention to cause harm or damage or to punish. † ? Detriment means â€Å"loss or disadvantage, or damage as opposed to benefit. ? To satisfy the offence â€Å"a threat must be of such nature and extent that the mind of an ordinary person of normal ability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand† Offences ? ? s338A Threats with intent to influence s338B Threats Stalking, s338D [not in exam] s338D defines: intimidate, pursue, circumstances of aggravation. Offences: s338E(1) †¢ Pursuing with †¢ intention to intimidate s338E(2) †¢ Pursuing that †¢ Can be reasonably expected to intimidate AND †¢ Does intimidate Legal Capacity (defences) Children Law: A Child is deemed to be incapable of committing a crime, irrespective of what they have done. Under s29 a child under 10 years is presumed incapable (not rebuttable). Between 10 and 14 the presumption of incapacity is rebuttable if it is proved by prosecution that at the time of the offence that child knew that the conduct was wrong according to the standards of ordinary people – M (1977). It is not clear if this test means legally or morally wrong. Child does not need to know act was against the law. They need to know that what they did was seriously wrong as opposed to just naughty. †¢ Following facts should be taken into account: Age: â€Å"the lower the child is on the scale between ten and fourteen, the stronger the evidence necessary to rebut that presumption†: B v R (1958) 44 Cr App R 1 at 3 ? Type of offence: Heinousness, Ferocity, Nature. Was there a victim? L v DPP = the more heinous the crime the easier it is to rebut the presumption. ? Statements by child: Does it really show an understanding ? Expert evidence ? Presumption of normality (what is normal? ) ? Conduct surrounding the act: Luring victim, trying to cove r tracks, running away (= not conclusive, as children will run away if have done something merely naughty). Mode of committing the act: Positive act versus omission, degree of participation, peer influence ? Home background: Abuse at home; physical environment; upbringing. (White (1964) – behaviour the result of socialisation. ? Appearance & demeanour in court ? Past criminal record: can be used if similar fact evidence ? Different culture ? The child has to know that it was wrong at time of act, not when picked up/ questioned. Corporations (look in exam question for â€Å"Pty Ltd† which should indicate whether person or corporation is being charged) †¢ Law: Corporations can commit offences.In the Code corporations come under the definition of a person. And under s69(1) of the Interpretation Act 1984 (WA) all indictable and summary offences apply to bodies corporate as well as individuals. †¢ Identification Liability: (= preferred test) : â€Å"A corporation is an abstraction. It has no mind of its own any more than it has a body of its own; its active and directing will must consequently be sought in the person of somebody who for some purposes may be called an agent, but who is really the directing mind and will of the corporation. † Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd. Vicarious Liability: attributing to employer what an employee does in the course of employment. Torts test, too wide. Defences: Mental Capacity Intention and motive, s23 The result intended to be caused by an act/omission is immaterial, unless intention is expressly declared to be an element of the offence. The motive for an act/omission/intention is immaterial, unless otherwise expressly declared. Voluntariness of will s23A, 23B 23A: Lack of will †¢ Law: A person is not criminally responsible for an act/omission that is independent of his/her will (not available as a defence where there is a duty of care owed under Ch 27). Act: At c ommon law an act can be defined both narrowly and broadly (both should be considered: If narrow view taken, charge under s 266 still possible. ) which ones do the court tend to follow nowadays? ? Narrow definition: any bodily action, e. g pulling trigger of gun: Kaporonovski. ? Broad definition: includes all physical conduct that caused death, e. g. from getting loaded firearm to pulling trigger: Falconer. †¢ Will: Examples of unwilled acts are:An involuntary response to external stimulus (e. g. bee sting) is unwilled. An act done whilst sleepwalking is unwilled (R v Holmes).An act done whilst asleep is unwilled (Michael Jiminez) – although D may be liable for act/omission immediately before falling asleep, eg driving while tired. †¢ Sane Automatism describes a mental state where the D lacks awareness of their actions during the commission of a serious offence. Any act occurring independent of the will of the D whilst in a state of sane automatism is unwilled. In co ntrast to insanity, sane automatism is the result of an external stimulus (eg sudden physical/ psychological trauma, hypoglycaemia). Insanity results from an internal mental disorder (Falconer). Test to distinguish SA from insanity (Falconer): ? Too complicated! ? In an exam, this would not help you, I am sure. It’s ot about who needs to prove what, as when you arguing something in the exam, hardly ever will YOU be able to meet the standard of proof as it’s always ambiguous. You need to set out some of the limbs of the focloner test, eg (and most importantly) the test of the reasonable person. What characteristics does that person have? It’s the reasonable person in the same situation as the accused, but not with their specific weaknesses (eg an additional depression). If they wold have done the same = sane automatism.Another thing you look at is whether one off event (unlikely to reoccur) or they’ve got a screw loose (= will likely do it again cos they l ack some control over their actions generally] ? 1st step: Has Crown disproved sane automatism? (Standard of proof: beyond reasonable doubt. Onus of proof: on Crown). If not, unqualified acquittal. ? 2nd step: If so, has D proved insanity under s 27? (first question is: is there a mental impairment as opposed to an external blow, before you even get to the capacities) Was one of the 3 capacities in s27 absent? Standard of proof: on balance of probabilities.Onus of Proof: on D, since s 26 presumes every person to be of sound mind). If so, acquittal with provision that accused was of unsound mind at the time of the offence. ? If sane automatism is disproved and the D does not prove insanity under s 27, jury must consider whether the other elements of the offence have been proved beyond reasonable doubt. If so, proper verdict is guilty (Falconer). 23B: accident †¢ A person is not criminally responsible for an event which occurs by accident (not available as a defence where there i s a duty of care owed under Ch 27: R v Hodgetts and Jackson). ‘event’ means the ‘result or consequence of an action’ (Van Den Bemd). †¢ ‘accident’: Kaporonovski, Taiters: an event is only an accident if it 1. was not intended 2. was not foreseen by the defendant (subjective element) AND 3. was not reasonably foreseeable by an ordinary person (objective element) Evidentiary burden: on accused. Onus of proof: on prosection to disprove 1, 2 OR 3 beyond reasonable doubt. [they only need to disprove one for the defence to fall] Causation: P must prove that D caused a particular outcome if the outcome is an element of the offence. Causation established by tests in Royall). Can be difficult to distinguish between proof of causation and obligation of P to negative accident (Jemielita). †¢ If death/GBH by a deliberate use of force, the fact that it would not have occurred but for an abnormality/defect/weakness in the victim is not a defense, e ven if the accused did not intend/foresee the death/GBH and even if it was not reasonably foreseeable. Insanity ss26, 27 †¢ Law: Pursuant to s26, the accused is presumed to understand the consequences of their actions and is capable of acting rationally.This presumption must be disproved by the accused (Falconer) on the balance of probabilities (R v Porter). Accused also carries the evidentiary burden of establishing that their mental impairment deprived them of ONE of the THREE capacities in s27 (McNaghten’s Case, approved by R v Porter): (1) understand what they were doing (refers to physical consequences of action, not moral qualities); OR (2) control their actions (e. g irresistible impulses: Moore, Soderman v the King); OR (3) know that they ought not do the act or make the omission (similar to test used to assess children). Mental impairment [comes before the capacities]is defined in s1 as an intellectual disability, mental illness, brain damage or senility. The Co mmon law helps distinguish sane and insane automatism. (1) The state of mind must be one of disease, disorder or disturbance arising from some infirmity, whether temporary or long standing (R v Porter); (2) NO need for physical deterioration of brain; (3) A defect of reasoning caused by physical disease unrelated to mind could be insanity (R v Kemp). (4) Insanity is internal, with no external physical cause (Cooper v McKenna); (5)Insanity caused by medical treatment of physical disease (eg. Insulin) will not be insanity if self induced (R v Quick). Some result are contentious. Hyperglycemia was held to be a desease of the mind (R v Hennessy). Hypoglycemia was not held to be internal (R v Quick). (6) Sane automatism is a reaction to a once-off psychological trauma, test is: Would ordinary person react the same way in the circumstances? (Falconer). Yes = sane automatism, not insanity. [see comments above] †¢ Persuasive burden on prosecution (Falconer). †¢ Variable: Distingui sh from situation where accused unfit to stand trial. Consequence: no full acquittal, but rather ‘not guilty by reason of insanity'. May mean indefinite detention in appropriate institution. Intoxication s28 †¢ Law: Intoxication (by drugs/alcohol/any other means) may be used as a basis for a defence of insanity under s 27 as long as it was not self-induced. Where intention to cause a specific result is an element of an offence, intoxication may be considered when deciding whether intention existed. Onus on prosecution to prove beyond reasonable doubt: 1. That such intention existed AND 2.That accused was capable of forming the intention, and did in fact form the intention. (R v Crump). Defences: Mistake Mistake of Fact s22 †¢ A person who does/omits to do something under an honest and reasonable, but mistaken, belief in the existence of any state of things is only criminally responsible for the act/omission as if the real state of things had been such as he believed to exist (their delusion were true). ? Mistake must be honest: (Subjective test). ? Mistake must be reasonable: Pearce v Stanton (Objective test). ? There must be a positive belief in the existence of any state of things. Ignorance/inadvertence not enough (GJ Coles v Goldsworthy). Must be present state, not future or consequences (R v Gould and Barnes). ? Evidentiary burden: on accused. ? Onus of proof: on prosecution, beyond reasonable doubt. ? Only a partial defense. †¢ Can be excluded by express or implied provisions of offences. (e. g. s 331, mistake of age cannot be a defence for sexual penetration of minor under 13) Mistake of Law s24  · Law: Ignorance of the law is not a defense to any act/omission, unless knowledge of the law is expressly declared to be an element of the offence.  ·A person is not criminally responsible for an act/omission with respect to any property in the exercise of an honest claim of right and without intention to defraud. ? They must actually believe they have the right at the time of the offence, not that they may get the right in future (R v Pollard). ? Only applies when being claimed as a defence to a property offence (Pearce v Paskov ) under the Crim Code. Defences Duress s 32 †¢ Law: Occurs when a person believes that a threat made against them will be carried out unless they do an act or make an omission. The action dictated is taken by the threatener. The act/omission must be a reasonable response to the circumstances as the person reasonably believes them to be (i. e. the accused must cause less harm than the harm avoided). Emergency s 25 †¢ Occurs when the threat of sudden harm arises from the circumstances in which a person is placed. The accused decides what action to take to avoid the harm. †¢ The act /omission must be a necessary response in circumstances of ‘sudden or extraordinary emergency’ (s 25(3)(a)(i)), and it must be a reasonable response to the circumstances as the person reasonably believes them to be. Self defence s248An act of self-defence is lawful if: †¢ the person reasonably [3: say if that’s reasonable] [objective] believes [2: state that they believed] [subjective] that the harmful act [1: define and then state what they did] is necessary [4: look at what else they could have done and if that would have been equally suitable] to defend themselves or another person AND †¢ the response is reasonable [objective] in the circumstances as the person defending themselves reasonably [objective] believes [subjective] them to be. †¢ Self-defence is a complete defence to homicide. †¢ Technically, self-defence is an excuse.Evidential burden: on accused. Onus of proof: on Crown to negative self-defence beyond a reasonable doubt (not on accused to prove on balance of probs). †¢ Does the initial act have to be unlawful? S 5 = yes, but qualified by s 6 says a harmful act is not lawful just because the person who does it is no t criminally responsible for it (so you can defend yourself against child/insane person etc. ) (s 6 also supported by case law: Zecevic). †¢ Excessive self-defence = a partial defence. Applies when accused has killed to defend self or another but either the use of force was not necessary, or more force than necessary was used.Excessive self-defence means murder will be downgraded to manslaughter. Provocation ss245, 246 Complete defence only to offences in the definition of which assault is an element (Kaporonovski). No longer a defence to homicide. Not a defence to attempted murder (Roche), or to GBH or wounding. The following elements must be proved: †¢ The offence was against a person who offered provocation that amounted to an unlawful or wrongful act or insult. (Does the ‘insult’ also have to be ‘wrongful’? Stevens v Doglione (Qld): ‘wrongful’ applies to act and insult. Stingel (in obiter): ‘wrongful’ applies only to act, not insult.Therefore, not settled). Attempts s4 An attempt is an offence that is somehow incomplete. (If an offence is complete, don’t consider attempts unless, for example, an offence is attempted on one person but succeeds on another, e. g. A tries to shoot B but instead shoots C). not always section 4, some offence, eg assault and murder, have attempted offence in the specific section in which case you don’t look at s4 3 elements: 1. Intention to commit an offence; 2. Putting that intention into action to some extent (must go beyond ‘mere preparatory acts’) AND; 3. Failure to fulfill the intention of committing the offence. . Intention – requires †¢ An intention of bringing about all the elements of the offence OR †¢ The knowledge (to the extent of virtual certainty) that these elements will occur 2. Beyond ‘mere preparatory acts’: whether this is the case is a question of fact for the jury. Don’t just look at w hat the accused did, take into account other factors in the situation (Cutter v R) to decide whether the act that was done is convincing of the intention to commit the ultimate offence. Tests: †¢ Proximity test: (R v Eagleton): How close is the accused to committing the final act that constitutes the offence? Substantial step test: Has the accused made substantial progress towards completion of the offence? Consider how much progress has been made and what is left to do. †¢ Unequivocality test: (R v Williams): requires that there be ‘no possible innocent explanation for the accused’s conduct’. (Any conduct which might have an innocent explanation cannot be brought by the prosecution as evidence). A precise test, but considered too restrictive. †¢ Last step test: (R v Chellingworth): Has the accused taken the last step towards the completed offence? Voluntary desistance (s4, par. ): If the accused does most of the acts required to constitute the off ence but then stops, it is generally no defence (although may be considered in sentencing). Impossibility (s4, par. 3): †¢ Legal: It is impossible for the accused to commit an offence only where there is no offence at law to capture the defendant’s conduct (e. g. if the defendant mistakenly believes that it is an offence to acquire a certain weapon, but attempts to do so anyway = no offence). BUT, †¢ Factual: if the offender tries to commit an offence but the offence cannot be committed for factual reasons, this is still an attempt: English. eg, the offender tries to import drugs, but the ‘drug’ is talcum powder)’ Conspiracy: [not in exam] †¢ takes place before any preparatory action. (An offender is usually not charged with conspiracy and a completed offence. , so conspiracy is not relevant if an offence is actually committed). †¢ No definition in Code, defined in common law as ‘an agreement between 2 or more persons to achieve a common objective’ (R v Campbell). (note: agreement must be reached. Not sufficient that parties were in communication). †¢ There must be an intention to do all the elements of the offence. There must be a positive intention – recklessness will not suffice. †¢ If there is no agreement, there is no conspiracy – BUT, it is not necessary that all conspirators know one another. †¢ When 2 or more conspirators are charged, the fact that A is acquitted does not necessarily mean B will be as well (R v Darby). †¢ You can’t conspire to do something that is legally impossible. †¢ You can conspire to do something that is factually impossible. Aiding s 7(b) and (c) †¢ What is the principal offence and who is principal offender?Deal with them first †¢ Then distinguish from counselling; presence, constructive presence  · Law: Aiding is providing support, help or assistance (R v Beck) to the PO. Aid is generally given to the PO during the commission of the offence, but can be before the offence (Ancuta). If a person aids another in the commission of an offence they will be liable for the primary offence under s 7(b) or (c).  · First, there must be proof of a Principal Offence actually committed, although conviction of a Principal Offender not necessary (R v Lopuszynski). There can be joint Principal Offenders (Mohan v R). define  · (b): requires proof of assistance being given for the purpose of aiding the commission of the offence. Therefore, an accused can act with the purpose of aiding but not actually aid, and still be liable (R v Arnold).  · 7(c): does not specify mental element, but has been held that ‘aids’ means ‘knowingly aids’( Jervis v R: ‘aids’ held to be a word that carries an inherent mental element).  · In both 7(c) and (d), the accessory must have actual knowledge of the future offence they are aiding, as opposed to merely a suspicion (although this knowledge can be inferred from proof of exposure to the obvious).It is sufficient that the accused contemplates the type of crime to be committed by the PO – it is not necessary that its precise details be known (Ancuta). Recklessness, however, is an insufficient mental state for aiding. (Giorgianni).  · Variable: Where the offence is one requiring fault elements, the accused must also have actual knowledge that the principal offender possessed the fault element for the principal offence (Stokes and Difford).  ·Variable: Non-interference to prevent a crime is not an offence BUT the fact that a person is ‘voluntarily and purposely present’ and offers no opposition may be grounds for a jury to find that he aided. Positive action NOT essential (Coney). Passive presence at the scene is aid, IF the accused knows his/her presence is encouraging/supporting the PO (e. g. , combination of prior aid and continued nondissociating presence may constitute implied offer of continuing aid = aid under s7) (Beck).  · Apply to facts  · Conclude Counselling or Procuring: s 7(d)  ·Law: If a person counsels or procures another to commit an offence they will be liable for the primary offence under s 7(d).  · Procure means to provide information or material assistance to the PO, and that the provisions cause or bring about the crime (R v Beck). ‘Procuring’ involves intentionally causing the commission of the offence. Humphry v R: ‘procure’ means to produce by endeavour, and one procures a thing by setting out to see that it happens. The accused must also have an intention to assist (Georgianni v R) the PO and general knowledge of the planned crime (Ancuta).  ·Counselling means advice or encouragement (Stuart v R) before the commission of the offence. The counsel does not need to cause the crime (R v Coney). Section 9 extends liability beyond s7(d). [again, not really helpful here. You need to look at 7(d) direct, and only i f that is not gven, you mention section 9] If it is established that the accused counselled the PO to commit the offence, then a jury must determine if the offence was a probable consequence of the counsel. Probable is defined (Darkan v R) as more probable than not, or of probability less than 50/50, but more than real chance.  · Apply to facts  · Conclude Common purpose, s8Liability under s8 attaches when one of the parties goes beyond the common unlawful design/ plan. (If parties are within common plan, s7 enough for determining liability).  · Law: When two or more persons together form a common intention to prosecute an unlawful purpose the court will regard them as joint principal offenders. The prosecution must establish that; (1) the accused formed an intention to prosecute an unlawful purpose (Brennan v R); (2) the PO committed the unlawful purpose (R v Phillips and Lawrence); and (3) the principle offence must have been a probable consequence of the prosecution of the unlawful purpose.Test of whether ‘probable consequence’ is objective (Stuart v R). Probable is defined (Darkan v R) as more probable than not, or of probability less than 50/50, but more than just a ‘substantial or real chance’. There is no liability if PO unexpectedly departs from the common purpose and commits an offence that was not within the contemplation of the accessory and was not a probable consequence of the common purpose (R v Anderson and Morris)  · Apply to facts  · Conclude Withdrawal s 8(2) †¢ Law: An accessory will not be liable until the PO is actually committed (s 8(2)).The accused can terminate their involvement and escape their liability if they; (1) withdrew from the prosecution of the unlawful purpose; (2) by words or conduct communicate their withdrawal from the unlawful purpose to those invloved in the PO; and (3) take reasonable steps to prevent the commission of the offence (R v Menniti).  · Apply to Facts  · Conclude Fraud (not in exam) †¢ Law: Fraud is when an owner parts with their property under false pretences. It is defined in s409 as (1) any person; (2) with intent to defraud; (3) by deceit or any other fraudulent means; (4) obtains property from another person. An intent to defraud is discussed in Balcombe v De Simoni. It requires an intention to induce, and does induce, another to act  ·  · ? Deceit or other fraudulent means are generally statements of fact that the defendant knew to be untrue (R v Carpenter). But the definition is very broad. ? Obtains is defined in s1 as obtaining possession of property. Possession without ownership is enough (Seiler v R). ? Property in s1 includes everything, animate or inanimate, that is capable of ownership. Apply to facts Cobclusion