Cultural Bias in Counseling Practices

Overview Relationship between culture and counseling has attracted attention from many researchers in the recent years. Realization of importance of cultural competence in counseling has led to the concept of multicultural counseling. Though emphasis on cultural competence has improved counseling practices, there is still fundamental cultural bias in various treatment practices used today.Advertising We will write a custom essay sample on Cultural Bias in Counseling Practices specifically for you for only $16.05 $11/page Learn More Among other factors, cultural biases result from the fact that most of the counseling practices were created in the context of the dominant Euro-American culture. While the counseling practices may work well with Euro-Americans, they may not be effective with various minority cultural and ethnic groups. Potential Sources of Counselor Bias Counseling is considered the best intervention to emotional and psychological challenges affecting individuals. Common counseling practices today include person centered counseling, cognitive behavioral therapy, interpersonal psychotherapy, group therapy, family therapy and marriage counseling. Though the approached differs significantly, most of them borrow from early researchers on psychological therapy, such as Carl Rogers (Rogers, 1942). Considering that most early researchers on psychology therapy came from the dominant Euro-American culture, the resultant counseling practices may exhibit cultural bias toward other ethnic and cultural groups. There are various sources of cultural biases in counseling practices in use today. In one way or the other, the cultural biases are linked to the assumption that counseling would take place in a homogeneous culture. One of the major sources of biases is difference in the definition of normal behavior (Pedersen, 1988). What is considered ‘normal’ behavior differs in one cultural group to the other. Assuming that no rmal behavior is the same in all cultural groups can lead to faulty diagnosis and treatment intervention. For instance, what is consider normal behavior to a Mexican American may not be applicable to an Anglo-American of a Black American. Most of counseling practices emphasis on individualism. Euro-American culture upholds individualism and therefore counseling approaches such as person centered focus on the individual client rather that the social context of the client (Pedersen, 1988).Advertising Looking for essay on cultural studies? Let's see if we can help you! Get your first paper with 15% OFF Learn More Counselors tend to focus more on changes on the individual client without considering contribution of other individuals to the healing process. This assumption may lead to negative results in cultural groups such as Hispanic Americans and Asia Americans that value family and social harmony. Dependence on abstract words and overemphasis on independence of clients lead to cultural biases. According to Pedersen (1988), abstract words used in counseling practice may lose meaning in context of another culture. Abstraction such as ‘self awareness’, ‘self direction’ and ‘self actualization’ may have different meaning in different cultures. On the other hand, overemphasis on independence of a client is biased against cultural groups have close family links. Successful Treatment Practices Matching counselors and clients, and multicultural counseling are the major interventions to cultural biases in treatment practices. It is a fact that a client responds better when counseling process is consistent with her cultural values and beliefs. Cultural bias is unlikely to happen when a counselor and a client result from a common culture. However, scarcity of counselors from minority cultural groups makes it impossible to implement matching successfully. Therefore, multicultural counseling remains the only viable option to overcome cultural bias (Ridley, 2005). Counselors should understand and adjust to cultural value of their clients. They should try to adopt the best counseling approach for their clients. For instance, when offering counseling intervention to Mexican and Asian Americans, counselors can try to bring in family members to the process. In addition, group therapy rather individual based therapy can be the best approach for handling Hispanic clients. Motivation to Multicultural counseling A counseling process is considered successful if it helps a client to overcome his or her emotional and psychological problems. To achieve counseling objectives, a counselor must be able to understand the client in her cultural context (Worthington Soth-McNett, 2007).Advertising We will write a custom essay sample on Cultural Bias in Counseling Practices specifically for you for only $16.05 $11/page Learn More Considering that the goal of counseling process is to help t he client to heal, a counselor should adopt the most effective approach to his client. Since clients respond well to counseling approaches that are consistent with their culture, a counselor should adopt the best approach depending on the culture of their client. References Pedersen, P. (1988). A handbook for developing multicultural awareness. Alexandria, VA: American Association for Counseling and Development. Ridley, C. (2005). Overcoming unintentional racism in counseling and therapy: a practitioner’s guide to intentional intervention. New York: Sage Publications Rogers, C. (1942). Counseling and psychotherapy: newer concepts in practice. Cambridge, MA: Riverside Press. Worthington, R. Soth-McNett, A. (2007). Multicultural counseling competencies research: A 20-year content analysis. Journal of Counseling Psychology 54(4), 351-361 This essay on Cultural Bias in Counseling Practices was written and submitted by user Carolina Glover to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Free Essays on Knight Death And The Devil

In Durer’s copperplate engraving, Knight, Death, and Devil, it appears that the Knight is emerging victorious, both morally and literally over his two adversaries Death and the Devil. The Knight could be interpreted as Erasmus’s unwavering Christian soldier who mocks Death and the Devil, believing that he is protected as he does God’s will here in mortality on this Earth that God as created. The ‘Christian soldier’ is a perfect embodiment and ideal of the many virtues toward which the church and culture of the middle ages gave so much import. One of these virtues is that of temperance, the Knight is traveling far from the city, alone and seemingly quite vulnerable to the temptations and desperation that may be cast at him from Death and the Devil causing him to fall from his position. However he remains steadfast in his look, armed with a sword and spear, and protected by full armor. He doesn’t even notice Death and the Devil waiting to take a dvantage of him and grasp him, pulling him down to his demise. He is the very image of temperance of a strong, faithful and unmoving servant of Christ. Durer chose to represent the horse in full profile, showing every muscle and aspect of the animal in perfect proportions. The horse is depicted in the picture perfect moment as if its regulated steps were chosen for a sculpture. The hound that accompanies the Knight could be said to represent faith. In the middle ages hounds often accompanied their masters and aided them in their quests, dogs by nature are extremely faithful and obedient to their owners, as a Christian soldier should be to his God. Death and the Devil choose to appear in the wilderness where the Knight is alone and more susceptible to their machinations. In this scene the Knight is surrounded by evil and destruction, the trademarks of his foe. A skull lies at the feet of the horse perhaps representing the failures of those who have gone before our protagonist, but agai... Free Essays on Knight Death And The Devil Free Essays on Knight Death And The Devil In Durer’s copperplate engraving, Knight, Death, and Devil, it appears that the Knight is emerging victorious, both morally and literally over his two adversaries Death and the Devil. The Knight could be interpreted as Erasmus’s unwavering Christian soldier who mocks Death and the Devil, believing that he is protected as he does God’s will here in mortality on this Earth that God as created. The ‘Christian soldier’ is a perfect embodiment and ideal of the many virtues toward which the church and culture of the middle ages gave so much import. One of these virtues is that of temperance, the Knight is traveling far from the city, alone and seemingly quite vulnerable to the temptations and desperation that may be cast at him from Death and the Devil causing him to fall from his position. However he remains steadfast in his look, armed with a sword and spear, and protected by full armor. He doesn’t even notice Death and the Devil waiting to take a dvantage of him and grasp him, pulling him down to his demise. He is the very image of temperance of a strong, faithful and unmoving servant of Christ. Durer chose to represent the horse in full profile, showing every muscle and aspect of the animal in perfect proportions. The horse is depicted in the picture perfect moment as if its regulated steps were chosen for a sculpture. The hound that accompanies the Knight could be said to represent faith. In the middle ages hounds often accompanied their masters and aided them in their quests, dogs by nature are extremely faithful and obedient to their owners, as a Christian soldier should be to his God. Death and the Devil choose to appear in the wilderness where the Knight is alone and more susceptible to their machinations. In this scene the Knight is surrounded by evil and destruction, the trademarks of his foe. A skull lies at the feet of the horse perhaps representing the failures of those who have gone before our protagonist, but agai...

Samsung Essay Example | Topics and Well Written Essays - 1000 words - 1

Samsung - Essay Example The company which always prided in its expertise to customize the product according to the needs of the customer has indeed come a long way from its formative years. The importance it gives to the quality is reflected in the fact that the flawed memory chips worth tens of millions of dollars are burnt in the open field to remind the employees of the belief customers place in their company. It has won several awards for quality during the periods 1995 - 2003 from fiercely competing companies too, which is a hallmark of sorts. The strategies it employed in bringing out the best of its engineers were a novelty then and the same strategies are now implemented across the globe to repeat the same success story Samsung had written. The company is the leading supplier of memory cards to PCs, digital cameras, game players and other electronic devices. Its primary focus was on the memory chips category which has had its own fluctuations over a period of 2 decades. There were established player s in the market like Infineon Technologies, Elpida, Micron Technology, Hynix, etc. Most of these companies were as a result of alliances with Global giants like Intel, Siemens, Toshiba and Hyundai. Samsung too acquired technology from Micron on 'cash for technology' basis. It then implemented a unique internal competition for advancements of its acquired technology. ... It graduated to the frontline companies in this category and soon toppled Hitachi as the number one producer of memory chips. The presence of Samsung's main R&D facility in one location, south of Seoul, helped save a substantial amount in construction costs. The development of Samsung's memory chips division closely follows the Porter Diamond model in that the location, available raw materials and labor are crucial factors for comparative advantage. The high employee morale that has been its strength right from its birth has ensured its position stay perched at the top firmly for decades. Samsung was also responsible for 22% of all of South Korea's exports in 2004 and was a major contributor in the $22.1 billion worth semiconductor exports from South Korea. It also represented 23% of the total market value on the Korean Stock Exchange. With this kind of economic impact on the nation, it is important from both the Government's and the company's view, that it sustains the growth level. The net revenue over a period of two decades is as follows. It shows the fluctuations in the market which needs to assessed in fine detail to ensure its leadership positioning in the market. Twice in seven years, there was a dip in profits which is a reflection of the growing competition and emphasizes the need to take appropriate measures to maintain the projected growth rates. It also stresses on the need to work on the rapidly changing technology segment. Its present focus is on the flash memory segment, which looks poised for growth in the coming years but the existing competitors have already captured a major chunk of the market. Samsung has been in the race in inventing itself according to the needs of the customer base, but the entry of Chinese companies will make it more

A Subsidiary Company in a European Union Country Essay

A Subsidiary Company in a European Union Country - Essay Example But currently, the industry has become multinational with a giant turnover. The clothing industry is among the most competitive and also most profitable ventures. It provides employment opportunities directly and indirectly to millions of people worldwide. Currently, in the United Kingdom some of the leading clothing companies include Aquascutum, Aston Bourne, Austin Reed, Barbour, Bertie.co.uk, Elvi, Dorothy Perkins, Monsoon, I Love Cashmere, Next, and countless others. The competitive environment in this industry is very high because of the enormous number of clothing companies in the market. Clothing companies have various challenges they experience which include increased expenses for operating costs and raw material. When the global economy weakens, it affects the clothing industry majorly because people tend to not purchase new clothes. The effects have been seen whereby some industry players do fallout during these periods. But when the economy strengthens the industry also improves. Rapid fashion and trend changes and changing customer preferences can also pose a significant challenge to the industry. Next, a clothing company in United Kingdom headquarters in England, designs, manufactures and supplies clothing, footwear, and home accessories. It has over 700 stores spread across the globe. Next boasts 200 stores in the Middle East, Europe, and Asia. Other 597 stores are found in Ireland and the United Kingdom. Next was founded in the year 1964. It has approximately 54,507 employees (2013). In the year 2013, the company recorded a profit of  £508.6 million. Next plc’s business strategies include developing and upgrading Next products, improving the company’s financial strength by promoting secure financing structure and increasing the number of online sales globally.  

Literature theory Essay Example | Topics and Well Written Essays - 1250 words

Literature theory - Essay Example The only difference is that Iser impresses that the value of literature is in making sense of the literature itself while Barthes says literature is the product of the culture. According to Barthes, readers too read and find meaning in the literature just as anthropologists do. These are often expressed symbolically. Iser too finds gaps in the literature of which the reader is expected to make sense. The reader is also expected to make moral judgments of the characters, according to Iser. Compare/contrast the rhetorical theories of Iser and Fetterly. Try to identify areas of agreement and disagreement in their discussions of how readers read and/or how poetry affects its audiences. (186 words). Fetterly states that most of American literature has been written by male and from a male perspective. It also reflects the male oppressive attitude towards women and a woman is expected to identify against herself when she reads such literature. Fetterly further insists that a woman should resist what the literature wants her to do. In contrast Iser feels the value of the literature lies in trying to make sense of the literature. While Fetterly states that women should not allow this sort of literature to affect us as the literature carries the culture, Iser contends that we do not perceive or absorb all that the literature wants to convey at the same time. It takes place over a period of time. Fetterly believes that women should attempt to change the culture. They should not just try to read through the intention of the author but reject it if they find it objectionable but Iser feels that at times the effect on the reader is much later and this is true of a novel as well as poetry. Both however agree that literature affects the reader. Woolf, Arnold and Eliot all three agree that the individual writer is influenced by the literary tradition but they disagree on the

Law Of Evidence Analysis Of Similar Fact Evidence Law Essay

Law Of Evidence Analysis Of Similar Fact Evidence Law Essay The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7]   Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8]   Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9]   B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissible to prove mens rea or to rebut the defence of good faith.  [14]   s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16]   Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19]   Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21]   C. Case Law Interpretation of Similar Fact Evidence in EA Singapore courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24]   In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evidence substantially unfair to the accused.  [30]   D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33]   In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35]   Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37]   However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44]   Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probative evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47]   Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53]   (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and relevantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity in what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61]   (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64]   (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65]   (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways under s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72]   Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73]   The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad character evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the CJA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation where the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential danger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.

Truman Capotes In Cold Blood Essay -- In Cold Blood Essays

  Ã‚  Ã‚  Ã‚  Ã‚  Many writers traditionally use their imagination to fabricate an interesting yet fictional story. Only their creativity and vision limit their writing. They can afford to neglect minor details because they do not base their stories on factual information. There existed a period when this was the only practiced style when writing a novel. However, Truman Capote pioneered the 'nonfiction novel', as he called it, when he undertook the writing of In Cold Blood. His book described the well-known murders of the Clutters, a model American family. Due to the fact that Capote was writing a factual account of the crime, he thought it necessary to make his novel correct in even the smallest details. This proved to be a very difficult project, but his perseverance paid off. Capote made use of many literary techniques in order to grab the interest of his readers. He wanted his novel to be more than just a newspaper description of the crime. Finally, In Cold Blood was a great s uccess because it told a true story in an interesting way. Capote overcame a big milestone by discovering a way to write a nonfiction novel, which appealed to everyone.   Ã‚  Ã‚  Ã‚  Ã‚  First, Capote knew that he was creating a new art form when he wrote his greatest work, In Cold Blood. He was a writer for the New Yorker, which gave him good practice in gathering important facts It took him six years to complete this book because that is the amount of time that passed from the time the Clutters were murdered to the time the criminals were put to death. Truman Capote wanted his novel to be as close to the true facts as possible. He painstakingly gathered information from Holocomb, Kansas, the site of the murders, and various other settings. In reference to Capote?s obsession for accuracy, Gerald Clark wrote   Ã‚  Ã‚  Ã‚  Ã‚  In Cold Blood may have been written like a novel, but it is accurate   Ã‚  Ã‚  Ã‚  Ã‚  to the smallest detail, ?immaculately factual? Truman publicly boasted.   Ã‚  Ã‚  Ã‚  Ã‚  Although it has no footnotes, he could point out to an obvious source   Ã‚  Ã‚  Ã‚  Ã‚  for every remark uttered and every thought expressed. ?One doesn?t   Ã‚  Ã‚  Ã‚  Ã‚  spend almost six years on a book, the point of which is factual accuracy,   Ã‚  Ã‚  Ã‚  Ã‚  and then give way to minor distortions.?(358) Because Truman had to devote much of his time to the research and writing of this novel, he wanted to be thorough. He was so proud of his work that he dubbe... ...nent   Ã‚  Ã‚  Ã‚  Ã‚  to every event, and the creative vision of an artist who can arrange his   Ã‚  Ã‚  Ã‚  Ã‚  materials in such a manner that the reader is moved to pity, terror, joy,   Ã‚  Ã‚  Ã‚  Ã‚  and sorrow.(237) Capote proved his excellence in writing by maintaining a firm grasp on his reader?s attention.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion, In Cold Blood was a pioneer novel because it combined journalism with fiction techniques. It was very difficult for Truman Capote to write this novel because he had to gather massive amounts of data in order to make the book factual. Next, he needed to organize that data in such a way that it would be interesting to the reader. Secondly, Capote used many literary techniques such as flashback and dramatic irony to make his novel more interesting. Finally, this novel was very appealing to all people because it was based on a true crime. Edward Weeks wrote ?he is providing the readers with a high-minded aesthetic excuse for reading about a mean, sordid crime.(160)? This means that Capote provided people with an artistic account of the Clutter murders rather than a straightforward, newspaper one. Works Cited: Capote, Truman. In Cold Blood. New York: Vintage, 1965.

Advocates Act

THE ADVOCATES ACT, 1961 The legal profession as it exists today was created and developed during the British period. However, it is notable that in earlier days of the British period the legal profession was not paid due attention and it was not well organized. Actually the east India Company was not interested in organizing the legal profession. There was no uniform judicial system in the settlements of the east India Company.After introduction of so many charters by the company it enacted The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the Crown to establish High Courts in India by Letters Patent and these Letters Patent authorized and empowered the High Courts to make rules for advocates and attorneys (commonly known as Solicitors). The law relating to Legal Practitioners can be found in the Legal Practitioners Act, 1879 and the Indian Bar Councils Act, 1926. Legal Practitioners Act, 1879 came into force with effect fro m 1st January, 1880.In 1879, the legal practitioners act was passed to consolidate and it amend the law relating to the legal practitioners. Under the legal practitioners act, 1979 the term â€Å"legal practitioner† has been used for advocate, vakil or attorney of a high court and pleader, Mukhtar or revenue agent. All these were brought under the jurisdiction of high court. A Person who is qualified to be pleader / vakil / muktas has to appear for examination and after obtaining the certificate he / she may apply under Sec. of the Legal Practitioners Act and Register their name in any Court or Revenue Office situated within the local limits of the Appellate Jurisdiction of the High Court. As Per Sec. 11 of this Act, the High Court may frame the rules declaring what shall be deemed to be the functions, powers and duties of pleaders / vakils / muktas. As per Sec. 13 of this Act, the High Court has Disciplinary control over Pleaders / Vakils / muktas by suspending / dismissal / by withdrawing the certificate granted by it. The Indian Bar Council Act 1926 came into force with effect from 9. . 1926. The main object of the act was to provide for the constitution and incorporation of bar councils for certain courts, to confer powers and impose duties on such councils and also to consolidate and amend the law relating to the legal practitioners of such courts. As per Sec. 4(1), every Bar Council shall consist of 15 Members, one shall be the Advocate General, 4 shall be persons nominated by High Court of whom not more than 2 may be judges of High Court and 10 shall be elected by the Advocates who are practicing at High Court.As per Sec. 8 of Indian Bar Council Act a person may enrol as an advocate in the High Court. After admission as an Advocate he/she has to undergo One year Apprentice training with any senior advocate and he has to issue certificate that training period is completed successfully. After Independence it was deeply felt that the Judicial Admini stration in India should be changed according to the needs of the time. The Law Commission was assigned the job of preparing a report on the Reform of Judicial Administration.In the mean while the All India Bar Committee went into detail of the matter and made its recommendations in 1953. To implement the recommendations of the All India Bar Committee and after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendation relate to the Bar and to legal education, a Comprehensive Bill was introduced in the Parliament. The Advocate Bill was passed by both the Houses of Parliament nd it received the assent of the President on 19the May,1961 and it become The Advocates Act,1961 (25 of 1961). The main salient features of this Bar Council is to enroll the candidates who have obtained law degree, disciplinary control over the advocates, to promote legal education to junior advocates and provide financial as sistance to the Advocates on medical ground and also the bereaved family of the Advocates. Objective of the ActThe establishment of an All India Bar Council and a common roll of advocates and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court; The integration of the bar into a single class of legal practitioners knows as advocates; The prescription of a uniform qualification for the admission of persons to be advocates; The division of advocates into senior advocates and other advocates based on merit; The creation of autonomous Bar Councils, one for the whole of India and on for each State.The Bill, being a comprehensive measure, repeals the Indian Bar Council Act, 1926, and all other laws on the subject.

Frank Llyod Wright essays

Frank Llyod Wright essays Frank Lloyd Wright is the most influential architect of modern architecture. Not only is his work famous in America, he has many designs around the world. His unique style may have been influenced by his experiences during his early adulthood. After quitting his first job to try to accomplish his personal goals, he became famous throughout the world. Having many well-known designs, Wrights most known designs are what he calls Prairie Houses, and his home and workplace, Taliesin. Frank Lloyd Wright was born in Richland Center, Wisconsin, on June 8, 1867. He lived with his mom and many aunts and uncles. His dad abandoned the family in 1885 to pursue a music career. Soon after, Wright left to pursue a career of his own. After attending the University of Wisconsin, he traveled to near-by Chicago to start his first job. He worked for a company called Adler and Sullivan. This was an architectural firm that was well known throughout Chicago. There is where Wright first started expressing his ideas. On his own, he made what he called bootleg houses for the companys clients (Blake and Sudler 1). These were kept confidential from the firm, because Wright wanted to receive full credit for his designs. He had a very distinctive style of building that was different from Sullivans common style. Being in a city full of tall buildings, he made houses that had tall walls and received most of its light from skylights. These were made like this to give the clients a sense of privacy among the city living. Some of his most famous bootleg designs are the Unity Church and the Robie House, both located in Chicago. After these designs were found out by Adler and Sullivan, problems had escalated to the point where the company shut down. From there, Wright was able to begin achieving his goals, and make a name for himself as one of the premier architects of his time, or perhaps ...

Army of None Essay Example

Army of None Essay Example Army of None Essay Army of None Essay al BCOM/275 Army of None June 4, 2012 Recruiters lie. According the New York Times, nearly one of five United States Army recruiters was under investigation in 2004 for offenses varying from threats and coercion to false promises that applicants would not be sent to Iraq. One veteran recruiter told a reporter for the Albany Times Union, Iâ„ ¢ve been recruiting for years, and I donâ„ ¢t know one recruiter who wasnâ„ ¢t dishonest about it. I did it myself. (counterrecruiter.wordpress.com) The military contract guarantees nothing. The Department of Defenseâ„ ¢s own enlistment/re-enlistment document states, Laws and regulations that govern military personnel may change without notice to me. Such changes may affect my status, pay allowances, benefits and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/re-enlistment document (DD Form4/1, 1998, Sec.9.5b). Advertised signing bonuses are bogus. Bonuses are often thought of as gifts, but theyâ„ ¢re not. Theyâ„ ¢re like loans: If an enlistee leaves the military before his or her agreed term of service, he or she will be forced to repay the bonus. Besides, Army data shows that the top bonus of $20,000 was given to only 6 percent of the 47, 7272 enlistees who signed up for active duty. (counterrecruiter.wordpress.com) What money is for college $71,424 is it in the bank If you expect the military to pay for college, better read the fine print. Among recruits who sign up for the Montgomery GI Bill, 65 percent receive no money for college, and only 15 percent ever receive a college degree. The maximum Montgomery GI Bill benefit is $37,224, and even this 37K is hard to get: To join, you must first put in a nonrefundable $1,200 deposit that has to be paid to the military during the first year of service. To receive the $37K, you must also be an active-duty member who has completed at least a three-year service agreement and is attending a four-year college full time. Benefits are significantly lower if you are going to school part-time or attending a two-year college. If you receive a less than honorable discharge (as one in four do), leave the military early (as one in three do), or later decide not to go to college, the military will keep your deposit and give you nothing. Note: The $71,424 advertise d by the Army and $86,000 by the Navy includes benefits from the Amy or Navy College Fund, respectively. Fewer than 10 percent of all recruits earn money from the Army College Fund, which is specifically designed to lure recruits into hard-to-fill positions. (counterrecruiter.wordpress.com) Never been a recruiter but I have served in the Army for 21 years. I used my GI Bill benefits to pay towards my degree and so have other countless other soldiers. Most benefits are guaranteed to you and the terms of how the money is paid are immediately. For anyone to sit here and say the majority of people never receive their benefits is false. The only way you donâ„ ¢t receive the benefits is choosing to not use them or have a discharged under less than honorable conditions. The job you choose when you enlist is the job you train for. Never met anyone in the Army who didnâ„ ¢t receive the training for the job they choose itâ„ ¢s in writing on a contract thatâ„ ¢s binding. It sounds like this website has its own issues with omitting facts and stretching the truth. Not sure when 47, 7272 enlistees signed up, but someone needs to check their data. We are talking about serious life issues. The Army has not had 47,000 people joining for many years. All services (reserve included) have not had 47,000 join in a single year ever. One in four enlistees getting out with less than honorable is not true. One in three getting out early included people getting out going to college or attending West Point as well as switching to another service, but this is still completely false. Lastly, this is the simply the most poorly prepared webpage I have ever visited. Thank you for your time, and Iâ„ ¢m proud to serve my country to continue giving you the right to whine about it. Referenceâ„ ¢s 1. (Internet from 11/22/11) http://counterrecruiter.wordpress.com

John Miltons Paradise Lost Essay Example | Topics and Well Written Essays - 1500 words

John Miltons Paradise Lost - Essay Example Milton's view on the first acts of disobedience by Adam and Eve sounds critical and defensive worrying that universal despair and death will appear inadequate and incommensurate with the violation of a single dietary prohibition. This is in line with the concluding two ignored scriptural verses that say: "Anyone who examines this sin carefully will admit, and rightly, that it was a most atrocious offense, and that it broke every part of the law. For what fault is there which man did not commit in committing this sin He was to be condemned both for trusting Satan and for not trusting God; he was faithless, ungrateful, disobedient, greedy, uxorious; she, negligent of her husband's welfare; both of them committed theft, robbery with violence, murder against their children (i.e. the whole human race); each was sacrilegious and deceitful, cunningly aspiring to divinity though thoroughly unworthy of it, proud and arrogant. Correspondingly, Eccles. vii.29 states that "God has made man uprig ht, but they have thought up numerous devices, and in James ii.10 states that "whoever keeps the whole law, and yet offends in one point, is guilty of all. Such verses where referenced by Milton's Paradise Lost saying that Adam and Eve become manifold in sin with their disobedience of one law. The primal act is death's equivalent of the original single cell from which all life is said to have derived, fertilized in a flash of lightning as the earth cooled, leaving traces of itself in all its varied progeny. Milton exploits the Preacher's choice of adam for "man" in the Hebrew text of Ecclesiastes 7:29 as well as his shift from singular to plural in the second clause. This rabbinic interpretation of texts rewrites the verse in an Edenic context and adds Eve as a sinner by means of binary fission. Rashi elucidates and expounds adam in the verse ("God created Adam perfectly upright"), and both Rashi and the earlier Midrash Qoheleth Rabbah explain the use of the plural "they": "when Eve was created from the body of Adam, he became two people" (as cited in Rosenblatt 1994). The concluding verse of the paragraph from James emphasizes the strictly permanent and unbreakable unity of the Pentateuchal law, ultimately a rabbinic idea, although its most famous formulations occur in the letters of Paul, who appropriates and transforms it. Taunting the Jewish Christians, less pious than the Pharisees, who yet refuse to ignore the ceremonial law, Paul insists that if they adopt Jewish law they must perform it all (Sifra, Kedoshim 8b; Sabbath 31a). Paul always views the law's unity negatively, as in Galatians 3:6-14, which attempts to illustrate that the law is impossible to keep in every detail and that only faith can save (Segal 1990). Milton mentions not Paul but rather the noticeably unProtestant and un-Pauline James, whose assumption of the law's unity strengthens his positive declaration that works must go along with faith. The law in Milton's Eden was just, efficacious, and easy to keep. The long list of sins in De doctrina constitutes a complaint against Adam and Eve, not against the law itself, and so Milton appropriately cites James's positive rather than Paul's negative view of the law's unity. The aggregate of

Bobcat Hospital Essay Example | Topics and Well Written Essays - 2500 words

Bobcat Hospital - Essay Example Proper documentation, resource optimization and reduced complications lead to low cost and improve the billings. This ensures profits for the health care. Bobcat county hospital also has to ensure that it has all the necessary equipments used to treat the patients, so it has to invest in the machines. This is usually based on the amount of money that the hospital is able to raise. It will have to invest on the machines that they are able to afford depending on the revenue that it can raise. Having a good financial system enable them to calculate how much money can be saved for a long term investment. The hospital should have a vision and mission that motivates the patients and give them a feeling of getting better. The main objective of the hospital is to offer quality treatment (Cawsey et al, 2012). Doctors sand nurses should be well trained professional who are qualified and are able to deliver quality services to the patients. Each and every person at bobcat county hospital has go od work ethics. Doctors need to be in their places of work at the right time, this enable them to respond quickly to any emergency that occur. They should also be able to report to work during early hours of the morning if they are needed to do so. All these can be attained if all the information about the residential places, the contacts of the hospital workers is easily accessible. All the information about the capital of the hospital should be well kept. This enable the organization to know how much is spending. For the hospital to achieve its goals which is to offer quality services to the patients, it has to be up to date of how much money is available to buy the necessary things like medicine and gloves used by the doctors, food for patients and also equipments used in the hospitals. This can be achieved if the amount of revenue raised is more than the amount that is spend. Well kept information about the capital also enables easy scrutiny and accountability of the funds. A go od management of the information bout the patient is important in the service delivery. An electronic record about the patients gives the doctor easy access and this enable them to give easy treatment (Institute of Medicine (U.S.). (2000). This, also ensures that a lot of time is not wasted while trying to treat the patients and also saves time in the organization of task and activities in the hospital. A good management of information also gives details about all the professionals that attend to a patient and this enable them to interact and discus on how to give quality treatment to the patient. References Cawsey, T. F., Deszca, G., Ingols, C., & Cawsey, T. F. (2012). Organizational change: An action-oriented toolkit. Thousand Oaks, Calif: SAGE Publications. Institute of Medicine (U.S.). (2000). Protecting data privacy in health services research. Washington, D.C: National Academy Press. Part Two The purpose of Clinical Information System is to avail all relevant information, at a ll places, fast, easily, in clarity and concisely. The upgrade of the clinical information system is of great benefit to the hospital. It will ensure: Information about the Patients Is Easily Accessed This system is important to providing convenient access to all medical records available during the process of caring for the patient. This enhances continuity of