Patients Dealing with Poverty Essay

Poverty affects almost half the world. Over three billion people live on less than $2.50 a day (Global Issues). The United States, one of the wealthiest nations in the world, accounts for almost 12% of these statistics. In addition to these people, another 50 million are â€Å"near poverty† level. Even more alarming, according to the 1999 Census Bureau, over 16% of all children in the United States live in poverty verse the recorded 12% of adults (Yahoo Health). I chose to write about people living with poverty because God has really placed the issue on my heart this year. Last May, my father lost his job and became homeless. I am happy to say he is now employed and looking for housing. After seeing the effects of poverty first hand, I have felt tremendously compelled to reach out to those in need. I have applied for an Episcopal Urban Intern Program through AmeriCorps and if I am accepted, I will be working with them starting in August. God has really blessed me with a heart of compassion and understanding, and I want to use that gift to serve others to the best of my ability. Poverty is a global issue that affects every corner of our world. There are an endless amount of people suffering in every county and many issues to be discussed. Because there are so many people affected worldwide, I am only going to focus on the effects in the United States for this essay. So, what is poverty? Poverty can be defined in several different ways. According to the US Census Bureau, poverty is measured in numbers. Any person living on a yearly income of $11,136 or under (add $2,820 for each additional person in the household) is considered to be in poverty (US Census 2010). However, the social definition of poverty is any person living with a lack of essential items such as food, clothing, water, and shelter (Think Quest). Minority racial and ethnic groups are much more likely to live in poverty. Also, poverty is much more prevalent in single, female-headed households (Yahoo Health). It is extremely important to be educated about the kinds of people living in poverty, especially if you are a healthcare worker, because the effects of their financial status greatly impact their well-being. Individuals living at or near poverty level suffer a variety of chronic ailments. They often have no health insurance so they rely on emergency rooms for care and often do not fill their prescriptions. They frequently postpone getting medical care due to lack of insurance and also have shorter life spans (Society of Teachers of Family Medicine). For every small decrease in income we see a significant decrease in health outcome. Another big concern of poverty-level individuals is that they are more likely to smoke and to live sedentary lifestyles (Hope Through Healing Hands). In a study done in year 2000, researchers found that more than one third of people living in poverty had a drug or alco hol problem. Also, more than half (56%) of those studied reported not having enough to eat at sometime in the last year (Society of Teachers of Family Medicine). Lack of nutrition, for any period of time, can cause detrimental effects on the body such as weight loss, bone deterioration, and even death (Merck Manuals). Mental health issues such as depression and anxiety were also very prevalent in this study of poverty-stricken people. Something very interesting to me about this study is that in response to interview questions about issues in daily life, personal health and/or access to health care services were the third most commonly cited concerns (employment and housing were the top two concerns). Among these health concerns, costs and health insurance coverage were the biggest issues raised. Nearly half of Americans whose incomes are below 150% of the poverty level are without insurance coverage. In contrast, only about 40% of those with incomes below 100% of the poverty level are without health insurance (Society of Teachers of Family Medicine). This is due to the target income range of government programs. Federal and state programs (such as Medicaid) help tremendously with insuring those at poverty level. However, there are many others considered the â€Å"working poor† who do not qualify for these programs. These people all too often have to choose between paying for meals and paying for health care. Those living in poverty that do have health insurance from government programs often have very limited coverage. Prescription medications and medical supplies (such as eyeglasses) are often not included. Healthcare professionals often mistake those in poverty, especially those between the 150% – 200% level range, as non-compliant patients (Society of Teachers of Family Medicine). Because people living in poverty often do not come in for preventative care, do not fill prescriptions, and fail to adhere to other recommendations, they can easily be mistaken for â€Å"bad patients.† It is a common misconception that they are ignorant to the importance of health care. It is imperative to understand that these individuals are doing the best they can with the finances and resources they have available. The main solution to health care problems those living in poverty face is a change to our health care system. Coverage needs to be available to all members of society for all health needs. As healthcare workers, we are not all called to be change agents in the world for this cause. However, we can educate ourselves to better understand poverty so we can deal effectively with those patients experiencing it. Americans almost always seem to be informed of poverty in under-developed countries. They also seem to be well-aware that poverty causes poor health. Still, many in the U.S. remain unaware that this problem exists in our country as well (Hope Through Healing Hands). Healthcare providers can communicate effectively with poverty-stricken individuals by showing a genuine desire to assist and serve them. Developing a sense of empathy, not sympathy, for the person shows that you care for them rather than feel bad for them. It is important to understand that these individuals’ sense of time occurs only in the present. They rarely think of the future or what effects their present actions might have on them later in life (TFC Association). They live for today because that is all they have. It is best to project kindness to these individuals, as with any group of people. Another very effective tool for helping those living in poverty is providing resources. Researching free or low-cost programs in your community and sharing them with these patients is a great way to help. Using appropriate humor is also a great way to lighten the mood and bring a smile to someone’s face that may be experiencing financial hardships (TFC Association). There are so many problems poverty brings upon an individual. Living with this burden can truly effect a person is so many ways. As a healthcare worker there is only so much we can do to assist people at these low-income levels. Although we can not provide a means for them financially or fix the living situation they are in, it is important to understand the impact we can have just by being compassionate. If you work in an office with ignorance to this issue, it is vital to inform those around you about the effects of poverty on health care. Before jumping to conclusions about a patient who is non-compliant, you may want to ask questions to find out if it is due to poverty. The key is to treat them with dignity and respect, regardless of their social status, and you really will make a difference. Works Cited 1. â€Å"Poverty Facts and Stats — Global Issues.† Global Issues : Social, Political, Economic and Environmental Issues That Affect Us All — Global Issues. Web. 24 Mar. 2011. . 2. â€Å"Poverty.† Yahoo! Health. Web. 24 Mar. 2011. . 3. â€Å"Poverty Data – Poverty Threshholds – U.S Census Bureau.† Census Bureau Home Page. Web. 24 Mar. 2011. . 4. â€Å"Finding Solutions to Poverty.† A Dollar a Day: What Is Poverty? Web. 24 Mar. 2011. . 5. â€Å"Understanding the Culture of Poverty.† Society of Teachers of Family Medicine. Web. 24 Mar. 2011. . 6. â€Å"Poverty and Healthcare: Fatefully Linked.† Hope Through Healing Hands. Web. 24 Mar. 2011. . 7. â€Å"Undernutrition: Disorders of Nutrition and Metabolism: Merck Manual Home Edition.† Merck & Co., Inc. Is a Global Research-driven Pharmaceutical Products Company. Web. 24 Mar. 2011. . 8. â€Å"Health Needs of People Living Below Poverty Level.† Transplant Fi nancial Coordinators. Web. 24 Mar. 2011. .

Brownies

Brownies became popular across America beginning in the sass. Today, a search in the internet can discover over 100,000 brownie recipes. The variations seem endless, containing everything from candy to coffee beans (Blitz, 2014). As a new variation, the company presents a new taste of brownies having Morning Leafier or better known as Malagasy as the flavor because of its growing popularity and relevance. Malagasy is a popular backyard plant in the Philippines.It is once known as a poor man's vegetable, but is now garnering international attention as a â€Å"superegos† of miracle tree† with its proven nutritional value and many uses (Gasman, 2013). This product intends to offer people a healthy lifestyle featuring the extra benefits and nutritional values of the said plant, for this product will be presented as a food supplement to children, teenagers and adults. Studies show that the Malagasy plant is widely used as herbal medicine for a number of illness and other prac tical uses.Malagasy is known as a very nutritious plant, where it is used to combat malnutrition in third world countries especially for infants and mothers, and also as having antimicrobial, antibacterial, anti fungal repertories (AN & Part, 2003). These studies prove the effectiveness of the plant and its great help to people's health that is why this plant was chosen as the new flavor of the brownies. Nowadays, people are looking for differences and distinctions between products and so, companies are challenged in developing new products for people.This product is a solution to people who needs food supplements, but do not want to take the usual medication like in the forms of capsules, syrups, etc. This company is working to offer food supplements in the form of Malagasy brownies. People, who will avail the said product, will get to have the all-time favorite dessert, the brownies plus take pleasure in and have the benefits of the very nutritious Malagasy plant. Thus, the Mornin g Leafier or Malagasy plant is chosen as the raw material of the product which is food supplements in the form of brownies.This product will be offered to suit the needs of people who are in need of help to their health featuring the nutritional values and many benefits of Malagasy. REFERENCES Blitz, l. (25 June 2014). Failed Cake to Family Favorite: Brownie History. Retrieved from http://www. Prepares. Org/Assets/files/Brownie_Recipe_Handout. PDF. Gasman, M. (21 November 2013). Malagasy (Morning)-the World's â€Å"Superegos†. Retrieved from http://www. Classicist. Com/Malagasy-morning-worlds-superegos/. AN, K. & Part, L. (2003). Malagasy Uses, Health Benefits, Side Effects, Preparation.Retrieved from http://www. Indistinguishable. Com/articles/Malagasy. HTML. BUSINESS DESCRIPTION The main purpose of the business is to provide a healthy lifestyle and living in the present generation specifically to children with ages 7-12, teenagers 13-19 and adults tit ages 20 and above. The company will provide food supplements in the form of Morning Leafier or Malagasy brownies as the products. These brownies will offer the unique benefits and nutritional values of Malagasy leaves and plant to health.To be able to produce the product, the company will be offering a partnership to the Malagasy Plantation in Apace, Nag City. This plantation will provide the Malagasy plant as the main ingredient or raw material of the brownies as food supplements. The partnership will be having 70% of the revenues for our company and the engaging 30% for the Malagasy Plantation. The Cacao Farm and Industries will also be another supplier for our company. The company will be management. Under this, there will be subgroups such as the Financial, Operational and Human Resources departments.The Malagasy Plantation will be the head for the Operational department and under them is the Cacao Farm and Industries together with the other suppliers. Job Descriptions: General Manager The general ma nager conducts and administers the overall undertaking in the business. The general manager will asks for the reports and updates from the line managers regarding the business dealings delegated to each of them. Checking the performance of all the managers is also a duty of the general manager.The general manager will also help draw ideas and thoughts together with the other managers to come up with a rational, agreed result in order to achieve the company's objectives. Financial Manager The financial manager is in charge with the overall financial affairs of the business. He identifies costs relating to the business. He keeps the book of accounts and monthly reports. He is also in charge in the preparation of the financial statement. Productions and Operations Manager The productions and operations manager has the task of buying the needed ingredients for the production of the products.He is also commissioned to make an inventory system. He is involved with the planning, coordinati on and control of manufacturing processes. He ensures that goods and services are produced efficiently and that the correct amount is produced at the right cost and level of quality. Sales and Marketing Manager The sales manager has the task of monitoring the sales. He is also tasked with the costs needed in making long-term plans for the business. He furthermore studies and analyses the changes in the market trend and come up with appropriate innovations in the product that will suit customer's taste and preferences.The sales manager studies and reports the supply and demand trends in the business. The marketing manager is in charge of formulating strategies to improve public relations. He also makes a wide campaign via calling cards, referrals of the baked products to make the business recognized. He is also asks for comments, makes surveys from customers and develops strategies to meet their expectations. Human Resources Manager Human resources manager develops, advises on and im plements policies relating to the effective use of personnel within an organization.His aim is to ensure that the organization employs the right balance of staff in terms of skills and experience, and that training and development opportunities are available to employees to enhance their performance and achieve the employer's business aims. In the present times, the company will Just be proposing the Malagasy brownies, but will not be limited to it in the near future. The company will be extending their reduces in terms of new flavors for the brownies or new forms of the Malagasy food supplements.Product development and innovation will be used as marketing strategies of the company depending on the sales and opinions or feedback from the people. The company will do research to give the customers their satisfaction. At the end of the year, the company is tasked to have paid the liabilities from the capital. The company must also seek to improve the lifestyles of people as its main pu rpose and must have provided positive comments and effects to people who will avail the product. OPERATIONAL PLAN The business will communicate with the customers through direct selling or house- to-house selling or person-to-person selling.The company aims to provide the customers an easy way of reaching the product. Another way to promote the product is through the use of social media such as Faceable, Twitter and other websites. Customers are free to contact the company regarding the product or send an email to our official page. The pricing strategy will be based on the materials used and each will cost 25 pesos and a box of 12 will cost 290 pesos (A 3-percent discount is offered). The product does not look like the usual brownies which shapes as square or rectangle, but will be circular in appearance or will look like cupcakes.Customers will be given the chance to avail membership worth 3,000 pesos as an initial payment and will have certain discounts and other benefits. For th ose who will avail the membership, they will have an additional two boxes of the products for one year. The company plans to a consignment for our product to different stores in Nag City particularly in terminals, cafeteria, canteens and eateries. But, the business intends o operate primarily by accepting orders from customers through mobile, e-mail and other means of communication.

Firstly develop a comprehensive and detailed model of ways in which Essay

Firstly develop a comprehensive and detailed model of ways in which individuals differ,and support the categories of differences you have chosen with some kind - Essay Example Difference can be of income, wealth, power, life expectancy, intellectual caliber, sex, colour, and race in different attributes. There can be inequalities with in a group. It is very important that we measure these inequalities of population by enlisting and analyzing their attributes. (http://www-personal.umd.umich.edu/~delittle/Encyclopedia%20entries/inequality%20measurement.pdf) â€Å"No two persons are born exactly alike; but each differs from the other in natural endowments, one being suited for one occupation and the other for another.† People can be different in their thinking, feeling and behaviour. No two persons can be same but at the same time they can’t be totally unlike. So, it is very important to find ways of judging how people psychologically resemble and the variance of psychological features among them. On the basis of different intelligence and personality traits, people can be classified to a limited extent as they have complex characters resulting in contrasting and opposite theories and proof thereof. Historically, human beings differ on gender, intelligence and personality traits. Men had been hunters while women – gatherers. Some castes and classes possess sharp intellect than others. Education also helps in inculcating intellectual virtues, as intelligence is the most important individual difference based on cognitive capacity to think, reason, learn and adapt; specific jobs create different personality traits. Personality has been defined as â€Å"the supreme realization of the innate idiosyncrasy of a living being. It is an act of high courage flung in the face of life, the absolute affirmation of all that constitutes the individual, the most successful adaptation to the universal condition of existence coupled with the greatest possible freedom for self-determinat ion.†- Carl Gustav Jung, 1934 Surowiecki has added another dimension to

Defence, Pride and Prejudice Essay Example | Topics and Well Written Essays - 500 words

Defence, Pride and Prejudice - Essay Example As for objectivity, there is no way we can verify the claims made by Augustus in Res Gestae. But common sense tells us that some facts could have been suppressed or exaggerated. In the trial of Socrates, we believe it was motivated by spite and prejudice (of those to whom Socrates’ teachings caused embarrassment) and, therefore, our sympathies are with the great philosopher. Still, the fact remains that Apology is in first person narrative which means it is one-sided and so there is an equal possibility for lack of objectivity, though the degree may differ. However, there is little scope for suppression of facts or exaggeration in Socrates’ statement because it is primarily based on reasoning unlike Res Gestae which is a self-satisfied account of ‘facts’ or things done.Res Gestae states that Augustus, after the civil wars, transferred the republic ‘from his power to the power of the senate and the people’. It sounds great to hear about a ruler who let the spirit of democracy flourish thousands of years ago. But history tells us that, contrary to modern day republics, the senate and the people, as such, were never allowed to be binding on the king and his decisions. Res Gestae does not tell us that tribunes could veto laws passed by the senate and Augustus was ‘tribune-for-life’. It was therefore a masqueraded republic. The hypocrisy of the so-called ‘principate’ is evident in Augustus, in 27 B.C., being voted a large military command for a period of ten years and in the institution of ‘impeium maius’.

Literture Program for Preschool Classroom Essay

Literture Program for Preschool Classroom - Essay Example There is an abundance of story titles out in the market. However, it is important for a teacher to choose the most appropriate ones that truly meet the criteria for overall development of children. Books that focus on repetition are good choices, especially for toddlers who need to master their language. The repetitive lines give children the opportunity to participate in the story by saying them out loud when the story calls for it. Another point for story selection is how the book revolves around the needs of the specific children the teacher is working with (Giorgin & Glazer, 2008). For instance, very young children welcome stories that empower the characters that are limited in their skills because of their young age. A character who is considered â€Å"too little† to do many things may still have a healthy self-esteem by being able to set the table or change his own shirt. The characters in the story may be in situations that are relatable to the children. Simple plots su ch as going to school for the first time, managing to be friends with bullies, accepting the responsibility of being a sibling to a new baby or learning a new skill such as riding a bicycle capture the interest of children. Of course, the stories need to have a positive theme and a significant lesson to learn. The words used must be simple and understandable (Brewer, 2002) Giorgin & Glazer (2008) have identified the goals and strategies of children’s literature to support various areas of their development. The goals should support children’s language, intellectual, personality, social and moral, and aesthetic and creative development. The goals in quotation marks have been adapted from Giorgin & Glazer’s (2008) book. These reflect my philosophy on children’s learning and development. For language development, I want to adapt Giorgin & Glazer’s (2008) goal, â€Å"Children will communicate

Law of Evidence Essay Example | Topics and Well Written Essays - 1500 words - 1

Law of Evidence - Essay Example For example, in the case of Scott v Sampson3, the Court refused to receive evidence of specific acts of misconduct of the plaintiff. According to Cave J, both the principle and the authorities appear to be against admission of such evidence because it would in effect â€Å"throw upon the Plaintiff the difficulty of showing a uniform propriety of conduct during his whole life†¦.†4 Eve can be protected in her position as a complainant witness by this general rule. Evidence provided through implied assertions may also be inadmissible, an aspect that Allen has discussed in his article, demonstrating how excluding evidence from third parties (in this case the records of the American case) could be flawed when the constitutional rights in relation to determining guilt of the accused are at stake.5 The admissibility of evidence is governed by Sections 11, 12 and 13 of the Civil Evidence Act, which emphasizes that evidence must be relevant before it will be admissible. Since the issue in this case is Dan’s alleged rape of Eve, previous convictions or lawsuits against either of the parties may not be admissible since they could be deemed to be prejudicial to the interests of the parties. Section 74(1) of the criminal Evidence Act of 1984 deals with previous convictions of persons other than the defendant, in this case the complainant Eve. This section states that such evidence would be admissible only if they are relevant to the issue before the court – which in this case, is Dan’s alleged rape. However, Section 78 also allows the judge the discretion to exclude such evidence if it would have such an adverse effect on the proceedings that it could prejudice the interests of the parties, in which case it may not be allowed. (b) In this case, Dan is being accused of rape. In general, no character evidence or evidence about prior misdeeds of the accused can

How one of the exhibit of California Academy of science relates to Essay

How one of the exhibit of California Academy of science relates to anthropology - Essay Example s very crowded as this is the place, which provides great entertainment to the whole family, as well as, great source of information regarding different things. The subjects of the exhibits range from nature to science. As there are many interesting exhibits, I visited the academy’s most popular past Earthquake exhibit, which was an amazing and immersive experience. It will not be incorrect to state that the exhibit was greatly related to anthropology (Jurmain, Kilgore and Trevathan). There were a number of art pieces that allowed the visitors to understand the anthropology of the region. In addition, some of the pieces included the walking earth, which reflected upon the message of human’s treatment of planet earth, and the reaction that the earth undertakes, as a result, such as earthquake. The most interesting dimension of the exhibit was the window view of Victorian era, which shows the visitors about impact that the earthquake had on the environment. There was a list of precautions that was provided in the ancient times in order to survive the earthquake. Thus, in such a way, the visitors can actually become aware of feelings and experiences of ancient era dividing time duration between the two earthquakes (calacademy.org). The Earthquake exhibit let me experience the continuous tremor of the city’s two major earthquakes by traveling back in the time when earthquakes hit the San Francisco and Loma Prieta. In 1906 great earthquake, which was noted 7.9-magnitude on the rector scale, wrecked San Francisco and the many aftershocks also struck the city after that earthquake. This Earthquake was the worst natural disaster of that century in the California’s history. Similarly, the Loma Prieta earthquake, which is normally known as Quake of ‘89 struck the San Francisco Bay Area, was also a big disaster for the city. The 6.9 magnitude on the rector scale earthquake was noted in the Loma Prietsa (Prentice). It should be noted that the major aim of the

Orientalism in America and Terrorism Movie Review

Orientalism in America and Terrorism - Movie Review Example The media and other organizations do not, therefore, carry out any investigations, but rather report on the government views of these nations. This, in turn, shapes the views of the people towards the Arab nations as rogue nations who permeate violence in their everyday lives through their hatred of the western nations. On orientalism and empire, Edward Said argues that most of the European states were just aiming to exert influence and political mileage in the Islamic states of the Middle East. He bases this argument on the fact that throughout the period of history and colonization every empire told itself that it was not like the other empires (Orientalism). That its territorial occupation was based on noble ideas of education, enlightenment, and liberation, rather than political control and plunder. However, as time passes the true intention of the occupiers become evident. In this respect, Orientalism is a tool for colonialism and political dominance. On American orientalism, Edward Said gives the distinction between the American Orientalism and other European Orientalism. Unlike the French or the British, America did not have direct colonial experience in the Orient. American Orientalism was thus more indirect and abstract. As a result of this abstraction, American orientalism is very much politicized by the presence of Israel as their main ally. The view of Israel that all Arab states are its enemies is thus imported into the American orientalism, which plays a significant role in portraying all Arab states as enemies (Orientalism). Whereas the terrorism exists in the middle east as a result of the violence and the political problems there, much of the images portrayed by the media only serve as to demonize the Arab nations and do not tell the whole story behind the problems in the Middle East.

Charter Schools Essay Example | Topics and Well Written Essays - 1500 words

Charter Schools - Essay Example The different between charter schools and other public schools is that families choose them for their children because they have desired qualities and environment that must exhibit. Moreover, they operate on specific freedoms that are not in the other district public schools hence making them favorable and lenient to the children Chance, L. M. S. A. A., & Lewis, W. (2013) these schools must demonstrate exquisite performance in matters relating to academics prowess, transparent management of finances and effective organizational stability. However, failure for a charter school to meet the organizational may lead to the closure of such school. Chance & Lewis (2013) Affirms that the underrepresented students in charter schools tend to succeed in education and extracurricular activities compared to other students in the district schools. The essay seeks to illustrate why the underrepresented students perform better compared to others in the district schools. First, the general model of school provides an enabling atmosphere where all people can learn and integrate the relevant skills learned in the realm of academics. CREDO study indicates success of these students emanates from school quality features such as teacher quality, lengths of day among other factors that concentrate on the non-low-income, non-disabled females in the charter schools (Mayr, 2008). The school exhibits controllable effects such as peer group, physical education that contribute heavily towards making an individual full member of the community. In other words, the schools have an adequate atmosphere that will provide an avenue for students to succeed by the end of the day. The students have hardworking spirit. Coupling the handwork and effort from students makes it possible for students to excel and eventually perform distinctively from other students in the society. The administration has set principles in terms creating and maintaining motivation amongst students. Awards and

Interest in pursuing graduate studies(Masters, Business Information Essay

Interest in pursuing graduate studies(Masters, Business Information Technology) - Essay Example As a child, I was deeply interested in technology and its applications in the daily life of people. How comfortable it made everyone's life! During my teenage days, the computer boom occurred and just about overnight, everyone owned a PC- and they refused to ever shut it down! My first computer was brought in the house amid huge excitement; everybody was amazed by the functions a simple dull-grey box could perform at the click of the button. Perhaps it was due to such an introduction that my interest for 'technology' soon developed into a curiosity for exploring the world of 'information technology' in particular. With encouragement from my parents, and a determination to take my interest to another level, I undertook several courses to develop skills in this field, many of which were far beyond my academic curriculum. I armed myself with knowledge of Microsoft Office, Visio, and Kofax Ascent Capture. I mastered languages like C, C++, HTML and XML. The more I studied it, the more pas sionate I become for this field. When the time came, I had no doubts deciding to pursue IT for undergraduate school. But that was not my sole career aim. As much as I wanted to contribute to IT, I wanted to venture into the business world and manage a company of my own. Thus, besides doing a Bachelors of Commerce Degree in IT Management at college, I successfully completed a Diploma in Business Management.

Group Signature Essay Example for Free

Group Signature Essay Group signature schemes allow a member of group to sign a message on behalf of the group anonymously and in unlinkable passion. However, a designated group manager can easily identify the signer. The signer of a valid group signature is needed to be a member of the group. These features are important in some specialized applications. This scheme is to be used in electronic business transaction. The scheme needed to satisfy six properties to be secured. These are unforgeability, anonymity, unlinkability, no framing, traceability and coalition-resistant. Mathematicians and computer scientist continues their studies to improve their proposed schemes. It is to satisfy the six properties with no doubt. Key words: group signature, unforgeability, unlinkability, no framing, traceability, coalition-resistant Group Signature Introduction The process, in which certain anonymity is needed to perform a task in spite of a collection of people or groups, is the based the concept of group signatures is born. Chaum and van Heyst first introduced this. The concept of group signature provides a member of group to sign certain messages anonymously and unlinkably on behalf of the whole group. On the other hand, a designated group manager has power to unveil the identity of the signer in cases of dispute. A group signature is verified through a series of algorithm to ensure that the signer is a member of that certain group. However, the group’s structure is still concealed and the signer can only be identified if the necessity occurs. With this features, the group signature scheme have potential application. Such applications are needed in electronic transaction that needed to be signed. The anonymity of the signer is essential to prevent others to see organizational structure of the signatory group. A group signature is needed to be secured to preserve the unlinkability and anonymity. A group signature scheme must satisfy the six properties. One is unforgeability. This is the property which ensures that only members of the group can sign on behalf of the group. This feature is necessary to make sure that invalid members or revoked members cannot sign on behalf of the group. This provides a way on which if there is dispute in a valid group signature, the group manager can easily find out who the signer is or it can be concluded that it is a member of the group when the message is signed. Number two is anonymity. This feature assures the members of the group that the identification of the signer will be hard except to the group manger. This is one of the main features of group signature. It conceals the identity of the signer. Consequently, it conceals the organizational structure of the group. The third one is unlinkability. This is feature which tells that determining whether two valid signatures were generated by a common member will be hard. This feature is necessary to go with anonymity of the signer. Since if you can identify two valid signatures coming from single member then it will easy to identify the signer. Number four is no framing. This is ensures that no member or the group manager can sign on behalf of other members. This is necessary to protect any member from a wrong identification when a dispute occurs. The fifth one is traceability. The traceability means that a group manager will be able to open a valid signature and determine the identity of member who signed it. It means that in a dispute, the group manager can easily identify the signer. Additionally, this property does not the possibility of not identifying the signer. The last one is coalition-resistant. This means a subset of members of the group or even the whole group cannot generate a valid signature on which the group manger cannot link on one of the members of the subset group. This ensures that a certain valid group signature can always be associated with a single member of the group not with subset of the group. There are many studies which ensure that the six properties are satisfied. There are many proposals of which contains algorithm that is claimed to satisfy the six properties. There are some summaries of articles of proposals and advancement in group signature. The reader would find these summaries of articles to contain dispute of other schemes. Security Remarks on a Group Signature Scheme with Member Deletion The Kim-Lim-Lee group signature scheme is scheme which claims to have a member deletion function, security and unlinkability. These claims are put into consideration because it is found to be unsecured and linkable. This will present some remarks which will prove the unsecurity and linkability of the Kim-Lim-Lee group signature scheme (Wang et al. , n. d. ). This scheme consists of different stages. These are system set up, join, delete, sign verify and open phases (Wang et al. , n. d. ). The system set-up is done by the membership manager in which he sets parameters and compute for secret and public keys. At the same time, the revocation manager selects his secret key and then computes and publishes his own public key (Wang et al. , n. d. ). At the join stage, the user who wants to join the group need undergo an interactive protocol on which he is assigned to a generated membership key and given the public key. Additionally, current members of the group update their membership key (Wang et al. , n. d. ). The deletion stage happens when a member is voluntary or involuntary leaving the group. The membership manger performs a series of algorithm and updates the group’s public key. He then computes fro the renewal public key. Here, the membership manager publishes the two new public keys. Then, every valid members of the group updates his secret property key (Wang et al. , n. d. ). In the sign stage, a member needed to sign some message. The member submits his membership key and his secret to generate the group signature (Wang et al. , n. d. ). The group signature generated in the sign stage is then subjected to verification. The verifier then uses a series of computation to verify the signature. The verification will yield a result which indicates if a valid member of the group signed it or not (Wang et al. , n. d. ). In the case of dispute, the open protocol is done. The open protocol is done to trace the identity of the signer. Only the group manager can do this (Wang et al. , n. d. ). The process of which the Kim-Lim-Lee group signature scheme under is found to be unsecured. This is due to proven accounts its security parameters is lacking in some cases. It is proven the two parameters used in the scheme are not sufficient to ensure absolute security (Wang et al. , n. d. ). The unlinkability claim of this scheme is also taken to account. The unlikability claim was proven wrong. The group signature scheme of Kim, Lim and Lee is prove to be linkable. It is proven that it easy to associate a given group signature to member of a group. This is due to invariance in the group signatures within time and even in all time periods. It means two signatures can be traced back to signer simple computational analysis (Wang et al. , n. d. ). A member deletion stage is then scrutinized by disproving the claim of which a deleted member cannot generate a valid group signature. The problem with this is identified in the process of the updating the members secret key. It is said a deleted member can simply update his secret along with other valid members since he can compute for a member secret in a given time. At the same time, a new member can get a version of his secret membership in the past time when is not yet a member (Wang et al. , n. d. ). Thus, the security of the Kim-Lim-Lee group signature scheme is proven to unreliable and unsecured. It is needed to revised and improved to satisfy the needs for a good group signature scheme (Wang et al. , n. d. ). An Efficient ID-Based Group Signature Scheme The ID-based signature scheme is proposed to be more efficient than other predecessors. The scheme is based on the process of the ID-based electronic signature. The identity-based signature uses publicly known identifier such as IP address, e-mail address and other identifiers. It is use to compute for public key component of the pair use for digital signatures, encryptions, and key agreement. The private key is computed by a trusted authority. This scheme is aimed to have better efficiency and to cope with large number of members in a group (Popescu, 2000, 29-35). The identity based signature scheme is done in several phases. The set-up process is done by the trusted authority which leads to the extract phase in which the user provide the ID. The ID becomes the public key and the trusted authority returns a private key which is needed to make for the signing protocol (Popescu, 2000, 29-35). The verification of an identity based signature is done by inputting the message with the signature, the parameters and a public key ID. The verify stage outputs the validity of the signature (Popescu, 2000, 29-35). There is another type of ID-based signature which is from the pairings on elliptical curves. This scheme is done to improve the efficiency of the ID-based signature processes. It is basically similar with the conventional one. However, the computations are different and more appropriate for large number of users (Popescu, 2000, 29-35). The scheme use in ID-based signature is put into the context of group signatures. The set-up procedures are similar with the ID-base signature but the group public key and the secret key is computed differently. Compared to other group signature schemes the set-up stage is done more efficiently (Popescu, 2000, 29-35). In the join stage, the user sends the ID to the group manager and the group manager computes for the membership certificate and secretly sends it to the new member in a secure private channel. This process is more efficient since the stages were reduced. However, the security is still intact because of the process in the set-up stage that lessens the work at other stages (Popescu, 2000, 29-35). The signing stage makes use of the public and private key pair which was generated by the user himself. The pair key is use to compute and generate the group signature. It is combined with a random number for it to be anonymous and unlinkable (Popescu, 2000, 29-35). The verify stage is split in the two parts. The first part is that it verifies if the signer is definitely a member of the group. If the signature generated by the group is valid and it is signed by a member of the group, the second stage commences. It is to verify that a member signed the group signature and not the group manager (Popescu, 2000, 29-35). The open stage is done when there is time that the signer needed to be identified. Like other schemes, the group manager can only do this. This process is very easy for the group manager since the manager knows the identity of the user who is associated with the group signature. This is because in the join stage the bind between the user and the manager was forged (Popescu, 2000, 29-35). The ID-based group signature scheme keeps the security properties of a good group signature in tact. The identity based signature guarantees some the properties and the added processes in the group signature scheme made other necessary security measures (Popescu, 2000, 29-35). The ID-based group signature from elliptic curves was derived from the identity based signature scheme. This scheme can handle a large number of members in a group without compromising the security and the efficiency of the process involved. However, the disadvantage is that the efficiency of the group signature is based on the efficiency of the identity based signature scheme it uses (Popescu, 2000, 29-35). Practical and Provably Secure Coalition-Resistant Group Signature Scheme Group signature concept is dual to the identity escrow which this scheme uses to create a coalition-resistant group signature scheme. The identity escrow can replace the membership certificate which other group signature uses. The use of identity escrow in group signatures can be regarded as group-identification scheme with revocable anonymity. This is scheme is just the second coalition-resistant group signature scheme which is an improve version of the first (Ateniese et al. , 2000, 255-270). This group signature scheme differs to other scheme in the efficiency of the join process. The user needs not to send his secret to the group manager not like other conventional schemes. The feature of which the user sends secrets to the group manager is found to be susceptible to attacks. This scheme eliminates such possibility and is proven to be coalition resistant even against adaptive adversaries (Ateniese et al. , 2000, 255-270). The model use by this scheme is somewhat similar to conventional group signature schemes. The group signature scheme undergoes several phases. These phases are the setup, join, sign, verify and in some cases open. Like the other group signature schemes every phase has algorithm need to be follow to ensure the properties to be intact (Ateniese et al. , 2000, 255-270). They only differ in the sign process as this scheme provides an interactive process between the signer and the verifier. The process is derived by replacing the call of the user to the hash function to the call to the verifier. The interactive protocol between the user and the verifier gives way to a more secure group signature (Ateniese et al. , 2000, 255-270). This scheme was proposed to have two major advantages over other conventional group signature schemes. One is the join process is more efficient than other scheme. This is since the new member just needed to provide proofs of knowledge of discrete logarithms in contrast with other schemes which requires new members to prove that a number is a product of two primes. The other advantage is that join process is more secure since it does not require the new member to send his membership secrets which is required in other schemes. Additionally, the property of being coalition resistant against adaptive is in fact an extra advantage (Ateniese et al. , 2000, 255-270). Generally, this scheme surpasses all other schemes created before it in terms of performance and security and it is proven to be coalition-resistant. It is because of the feature like spliting the group manager in two, a membership manager and a revocation manager (Ateniese et al. , 2000, 255-270). Group Signature Scheme with Revocation A number of group signature schemes had been proposed. However, these schemes don’t consider a growing membership or shrinking membership as well. In the real world, a member of a group can join, voluntary or be expelled from the group in any time. This done by other proposed schemes by not issuing changes to public keys and re-issuing group memberships. Thus, Popescu, Noje, Bede and Mang from the University of Oradea proposed a group signature scheme with revocation (Popescu et al. , 2003). There are other several group signature schemes that were proposed. However, these other proposed schemes lacked in efficiency and other others in security. There is a scheme which was proved to be efficient and secured but it requires time periods which any and all verifiers must know, thus requires more time in the verification stage (Popescu et al. , 2003). They proposed a group signature scheme in which every step or phase is different from other group signature schemes. It consists of different computational procedures (Popescu et al. , 2003). In the setup procedure, the group manager needs to undergo several steps which will yield the public key P, the secret key S and a group membership certificate consisting of two integers X and ? satisfying a certain equation which relates the two integers (Popescu et al. , 2003). In the join stage, a user wants to join a group. The scheme requires a secure and private communication between the group manager and the user to protect the anonymity of the user. The user chooses an element from a set formed by the parameters set by the group manager. From the chosen element the user will compute and send an ID which he needs to prove before he chooses a random number from a designated set. The group and the user computes and send computation results to each other until the user received his membership certificate. After this process, only the user knows his membership certificate and that the group manager only registers the ID of the user in the data base which was obtained in the first computation (Popescu et al. , 2003). The user is then allowed to sign to represent the whole group. At the signing process, the user can create a group signature inside a message by computation. The computation starts with the computation with his membership certificate. The user is the only one who knows his membership certificate so he remains anonymous to others. The group signature is then sent to the verifier for verification (Popescu et al. , 2003). In the verification phase, the resulting signature inside a message is verified through a series of computations in which the check the proof of equality between the double discrete logarithm of F (a part of the signature) and the discrete logarithm of D’s representation base on the element of the set that the group manager defined in the setup process. If it is equal the verifier concludes that the user who signed the group signature is a member of the group (Popescu et al. , 2003). When the time comes when it is needed to know who signs the message containing the group signature. He can do this by checking the correctness of the group signature. If it is incorrect, the group managers abort the process. Other wise, the group manager recovers a certain ID in the database and prove that the ID is relative to the D (a part of the group signature) (Popescu et al. , 2003). When a member of the leaves the group the group performs a series of algorithm which will result to the publication of the revocation status of a user in the Certificate Revocation List which was assumed to be available at all times in a well-known public servers. The CRL is also assumed to be signed by the issuer, the group manager or other trusted party (Popescu et al. , 2003). In this scheme, there are strong considerations in the security as provided different calculations that ensure the impossibility of some scenarios that compromises the anonymity of the members of the group. Furthermore, the cost of the revoke process is linear to the number of revoked members. Additionally, this scheme provides fixed signature size and constant work of the signers which makes it more practical than other group signature schemes. However, the opening process of this scheme can result to hundred of exponentiations per signature due to the proofs involving double discrete logarithms (Popescu et al. , 2003). Quasi-Efficient Revocation of Group Signatures This scheme is specified to address the inefficient and unsecured revocation methods use by other group signature scheme. The security of a group signature is not met if it uses an inefficient way of revocation. Additionally, the quasi-efficient revocation methods provide a practical public keys and signatures (Ateniese et al, n. d. ). The importance of a good revocation method is seen in groups with shrinking number of members. The security of the group is compromised if the revocation process is not well established since a revoked member can still sign in spite of the group (Ateniese et al, n. d. ). There are a number of group signature scheme which provides good revocation methods but they need to use synchronized clocks and the signature size is relative to the number of revoked members. The use of loosely synchronized clocks in revocation of membership needs to notify all existing members about the revocation. It modifies the membership certificate of all members and consequently, affects the size of group signature generated (Ateniese et al, n. d. ). This revocation method is made in line with the ACJT signature scheme. The revocation methods can only be done by revising the backward unlinkability to unconditional unlinkability. However, the easiest way of revocation is reissuing of the membership certificates and regenerating the public key. This costs a lot of work to the group manager and the members since they have to repeat parts of the join process. Additionally, the verifiers need to be informed of the changes. However, there is a way to eliminate this inconvenience by generating public keys and membership certificates automatically. This is will eliminate the interactive process between the manager and the members. On the other hand, it has impracticality in the process since it requires issuance of new certificates to existing members (Ateniese et al, n. d. ). The efficient way to overcome this problem is to avoid issuing new membership certificates in the event of revocation of a member. This is done in some scheme in which they use a Certificate Revocation List (CRL). However, the scheme’s group signature presented contains an encrypted version of the CRL. It is necessary to prevent the linking of the group signatures. However, the problem is resolved here by including the latest CRL to the group public key in which the unlinkability is preserved (Ateniese et al, n. d. ). The efficiency of this scheme is measured by the size of the signature, the signer cost, verifier cost, CRL size, and the CRL issuance cause. This scheme had passed all requirements since it minimizes the size of the signature as it fixed, the cost of the signer is constant, the verifier costs is also constant, the CRL size is inevitably rising but it is minimize and the CRL issuance cost is also unavoidable, however it is the least significant (Ateniese et al, n. d. ). The revocation method with the ACJT group signature scheme had been proven to be efficient and secured. This more practical than other group signature due to its features that fixes the size of the signature and requires constant work by signers. However, the ACJT group signature scheme requires the use of proofs-of-knowledge involving a double discrete logarithm (Ateniese et al, n. d. ). Conclusion These articles had proposed changes to other group signature schemes and some presented their own schemes. Generally, these articles aim to the advancement of the concept of group signature in relation to efficiency. The articles above had proposed methods of how to satisfy six properties needed fro a secure group signature scheme. These schemes are still subjected to further research to optimize its efficiency without compromising its security. References Ateniese, G. , Camenisch, J. , Joye, M. , and Tsudik, G. (2000). A practical and provably secure coalition-resistant group signature scheme. Advances in cryptography, CRYPTO, 1880, 255-270. Ateniese, G. , Song, D. , and Tsudik, G. (n. d. ). Quasi-efficient revocation of group signatures. The Johns Hopkins University University of California. Popescu, C. (2002). An efficient ID-based group signature scheme. StudiaUniv. Babes-Bolyai, Informatica, 47, 29-35. Popescu,C. , Noje,D. , Bede, B. and Mang, Ioan. (2003). A group signature scheme with revocation. University of Oradea. (Popescu et al. , 2003) Wang, G. , Bao, F. , Zhou, J. , and Deng, R. H. (n. d. ). Security remarks on a group signature scheme with member deletion. Infocomm Security Department, Institute for Infocomm Research.

National Culture Essay Example for Free

National Culture Essay In other words, although the concept of nation unfairly characterizes colonized subjects as istorically unified in their primitiveness or exoticness, the terms promise of solidarity and unity often proves helpful nonetheless In their attempts at political amelioration. Fanon encourages a materialist conceptualization of the nation that is based not so much on collective cultural traditions or ancestor-worship as political agency and the collective attempt to dismantle the economic foundations of colonial rule. Colonialism, as Fanon argues, not only physically disarms the colonized subject but robs her ofa pre-colonial cultural heritage. And yet, if colonialism in this sense alvanizes the native intellectual to renew contact once more with the oldest and most pre-colonial spring of life of their people, Fanon is careful to point out that these attempts at recovering national continuity throughout history are often contrived and ultimately self-defeating. l am ready to concede, he admits, that on the plane of factual being the past existence of an Aztec civilization does not change anything very much in the diet of the Mexican peasant of today. In the passage below, Fanon explains that national identity only carries meaning insofar as it eflects the combined revoluuonary efforts of an oppressed people aiming at collective liberation: A national culture is not a folklore, not an abstract populism that believes It can discover the peoples true nature. It Is not made up of the Inert dregs of gratuitous actions, that is to say actions which are less and less attached to the ever-present reality of the people. A national culture is the whole body of efforts made by a people in the sphere of thought to describe, Justify, and praise the action through which that people has created Itself and keeps Itself In existence. Muhammad Slbtaln Haider 11-12-2013 National Culture By sibtainJaf because it re-inscribes an essentialist, totalizing, fetishized, often middle-class solidarity and unity often proves helpful nonetheless in their attempts at political but robs her of a pre-colonial cultural heritage. And yet, if colonialism in this sense below, Fanon explains that national identity only carries meaning insofar as it reflects the combined revolutionary efforts of an oppressed people aiming at believes it can discover the peoples true nature. It is not made up of the inert dregs through which that people has created itself and keeps itself in existence. Muhammad Sibtain Haider

Language Acquisition Device

Language Acquisition Device In 1965 the linguist Noam Chomsky put forward the idea that language was innate, and suggested that childrens language acquisition was supported by a Language Acquisition Device (LAD). Other linguists and psychologists, however, have their own theories of child language acquisition, three of which base the development of language on interaction with caregivers, on cognitive development, and on imitation and reinforcement respectively. At first glance, it seems that the different theories of child language acquisition contradict each other, that it would be impossible for all five theories to have an element of truth in them. When, however, you look at the theories in more detail, you realise that the way in which children acquire language is likely to be a result of the five different theories working together. By describing language as innate, Chomsky was suggesting that children are born with an internal knowledge of language, that the rules of language are inside their brains from birth, so that when they begin to speak, they will have a pre-existing knowledge of grammatical rules. This essay will demonstrate that while Chomskys LAD is undoubtedly present in children, the other theories of child language acquisition also play a role in the development of childrens language; none can be disregarded as being untrue. In 1986, Chomsky added to his theory of language innateness by putting forward the idea that the Language Acquisition Device contained a Universal Grammar, a set of basic rules of grammar that characterise all languages. This explains the fact that children from all over the world pass through similar stages, at similar ages, in the acquisition of language, despite vast cultural differences. By 5 years of age, most children have a good grasp of the basic rules of their own language. This provides strong evidence for the existence of a LAD, as if language were not innate, children from different countries and backgrounds would surely pick up different aspects of language in different orders, and all children, even those from the same backgrounds, would acquire language at different rates. Further evidence for the existence of a Language Acquisition Device comes from what was termed s-structures (surface structures) and d-structures (deep structures) (Chomsky, 1957, 1982). Different languages have different surface structures (the actual phrases used in a sentence), but they all share the same deep structures, reflecting the sentences meaning. The fact that children understand deep structures without having to be actively taught about them suggests that language is innate: children have an inborn understanding of grammatical concepts, understanding that the order of words within a sentence is important. The grammatical errors that children make during the process of acquiring language, known as overgeneralisation, also suggest that language is an innate module, thereby providing evidence for the existence of a Language Acquisition Device. Overgeneralisation occurs, for example, when children apply the past tense -ed inflection to irregular verbs such as go. Children obviously wouldnt hear an adult saying goed, which suggests that children have an inbuilt knowledge of grammatical rules: they know that to form the past tense they have to use the -ed suffix, but they arent yet aware of irregular verbs. Evidence for grammatical overgeneralisation by children comes from an experiment carried out by Brown and Bellugi in 1964, in which the early speech of two children was analysed. The -ed past tense inflection was used for irregular verbs such as come (comed) and grow (growed). Further overgeneralisation occurred when forming plurals: nouns such as sheep and tooth were made plural by addi ng the -s inflection (sheeps and tooths). Again, the two children had learnt that to make a noun plural you used the -s inflection, but they were not yet aware of nouns which didnt follow the normal grammatical rule. The fact that not all children are exposed to Child Directed Speech provides further evidence for the innate nature of language. The cultures of the islands which lie in the South Pacific Ocean, for example, believe that such ways of speaking actually interfere with a childs language development. Infants in countries such as Samoa and Papua New Guinea, therefore, do not hear modified forms of language: all they hear is their native language in all its complexity. Despite the fact that the only language they are exposed to is the standard, unaltered form of their native language, infants in such countries pick up language at much the same rate and just as quickly as infants who are exposed to simplified forms of language, who are exposed to Child Directed Speech. This points clearly to the fact that language is innate, as if it wasnt, children in such countries would arguably acquire language at a later age, as a result of them not being exposed to simplified forms of language. A final piece of evidence for the existence of a Language Acquisition Device is the fact that language is specific only to humans. No other species spontaneously develops language in the way that humans do. This fact, coupled with the relative speed and ease with which children acquire their first language, provides substantial evidence for the existence of a LAD, especially as language is far too complex to be taught completely from scratch. Despite all of this evidence supporting the existence of a Language Acquisition Device, there are some factors which would throw the existence of the LAD into doubt. One such factor is the fact that feral children, along with children who have suffered extreme cases of abuse and neglect fail to master language, beyond the basics, even when taught by specialists. One such case is that of Genie (Curtiss, 1977). Up to the age of 13, from the age of approximately 20 months, Genie was kept in an isolated room with practically no human contact. Upon being rescued, Genie successfully learnt vocabulary, although she failed to understand the rules behind grammar, and as a result was only able to master three-word utterances as a result of the lack of attention and interaction she received throughout her infancy and childhood. This situation has been found to be the case with feral children, and with other victims of extreme child abuse. The inability to master grammatical rules, and therefore to speak in grammatically correct and complete sentences, can be explained by the Critical Period Hypothesis (Lenneberg, 1967), which theorises that language learning is easiest before a certain age. Combining the fact that feral children and abused children fail to master anything but the basics of language with the Critical Period Hypothesis provides evidence against the existence of a LAD. If language were innate, as Chomsky suggested, such children would be able to acquire language, however old they were when rescued, as it would simply be a matter of learning the vocabulary; they would have the grammatical rules already in place. The fact that they are unable to suggests that something else is required: this is where the other theorists of child language acquisition come in. One such alternative theory of childrens acquisition of language is the Behaviourist Account, associated with the psychologist B.F. Skinner. Skinner, 1957, suggested that children acquire language through a process known as operant conditioning. In a linguistic sense, this means that when a child uses language correctly, in terms of both the lexis and the grammar, they are rewarded in various ways. Due to these rewards, children are motivated to repeat the behaviour, thereby shaping their language and ensuring that it develops successfully. Another theory which goes against that set out by Chomsky is the Cognition Theory. Jean Piaget, a developmental psychologist, believed that cognitive development (the development of mental abilities and skills) was the overriding influence on the development of language, with language being neither innate nor learned passively. Piagets theory focuses on the precursors of early language, such as gestures and facial expressions, as Piaget claimed that in the first two years of life, the childs intellectual skills rely on sensori-motor experiences such as seeing, hearing and touching, as opposed to on words and images. While Piaget agreed with Chomsky in the sense that children develop a set of rules, he believed that rather than being innate, they came instead from a wider cognitive system, whereby children form schemas to help explain events in their lives, and then they are able to talk about them. Piagets concept of Object Permanence helps to support his cognition theory, in turn pr oviding evidence against the existence of a Language Acquisition Device. Before 18 months of age, infants are egocentric, as they cant mentally process the concept that something can exist outside of their immediate surroundings. By the time they are 18 months old, however, they have developed a sense of object permanence, realising that objects exist all of the time, even when the infant cant see them. The development of object permanence coincides with a substantial increase in vocabulary: if, as Chomsky suggested, language was innate and children possessed a LAD, object permanence wouldnt take such a long time to develop, as they would have a sufficient level of development to understand that an object couldnt and wouldnt just disappear. A further theory which helps to question the existence of Chomskys Language Acquisition Device is that of the psychologist Jerome Bruner. Bruners interactionist theory stresses the role of linguistic interaction from caregivers in a childs language development. This theory doesnt completely disprove the existence of the LAD; rather it suggests that something else is needed. Bruner suggested that children have a Language Acquisition Support System (LASS), whereby caregivers support their childs acquisition of language in social situations. A final theory which provides evidence against the existence of the Language Acquisition Device is that put forward by the psychologist Lev Vygotsky: the Socio-Cultural theory. The main tenet of this theory is that both social interaction and experiencing different social and cultural contexts are important for the development of language. Two significant factors which contribute to language development were identified: Private Speech (when a child talks aloud to itself, providing evidence that they are thinking for themselves) and the Zone of Proximal Development (ZPD) which occurs when a child needs the help of a caregiver in order to interact. The caregiver will either respond for the child, or will try to encourage a response from the child, both of which provide the child with a model to apply to similar situations in the future. This essay has discussed both evidence for and against the existence of Language Acquisition Device as proposed by Chomsky. The existence of the LAD has been challenged not only by other theories of child language acquisition but also by individual cases of feral and abused children. As the evidence set out in the essay suggests, the existence of Chomskys LAD cannot be disproved completely, as arguing that it didnt exist would put too many things down to coincidence, examples being that children the world over pass through similar stages of language development, and that children instinctively apply grammatical rules to irregular verbs and nouns, leading to overgeneralisation. You cant, however, simply disregard the work of other psychologist and linguists, as they all carried out their research to prove their hypotheses. Therefore, it is likely that all five of the theories mentioned play a part in childrens acquisition of language: while language may be innate, it develops alongsid e a childs cognitive development and children require input and encouragement from their caregivers in order for their use of language to develop fully. To conclude, no one theory of child language acquisition can be said to be wholly responsible for childrens acquisition of language, it is different aspects of each theory working together which make language learning such an impressive feat; this neither proves nor disproves the existence of Chomskys LAD.

Current Technology on Winding Linear Generators Essay -- Physics Elect

Current Technology on Winding Linear Generators Abstract This paper is an overview of the materials and winding technology that is currently used on today’s linear generators. It contains information on the types of wire used as well as the epoxy used to hold the coil windings in place. Furthermore, it contains information on the possible orientations that the coils can have with respect to the permanent magnets. Introduction Linear generators/motors have been around since the early 1900’s with one of the first written references being in regard to Birkeland’s Cannon, then described as a tubular motor but is more accurately described as a reluctance motor. 1 Today linear generators/motors have more widespread, not to mention less destructive, uses such as magnetically levitated trains, and renewable power generation. The Wire Magnet wire is the preferred type of wire used for the windings of linear generators and most other types of generators. This wire is made out of copper wire and insulated with a thin layer of enamel. The thickness of the insulation is much smaller than that of standard electrical wire. The reason for this is to allow for the wires to be packed in closer together while at the same time restricting the current from jumping between wires. Magnet wire comes in various sizes, like most wires, and also has an associated gauge that allows the engineer to determine its ampacity characteristics. Taihan Electric wire company gave the following definition of magnet wire on its website: â€Å"Magnet wire is wound in a form of coil around the core inside the electrical appliances and plays a role of converting mechanical energy into electric energy and vice versa. Magnet wire is widely used in alm... ... Conclusion The research involved in this paper has greatly enhanced our groups understanding of the technology involved in winding linear generators and will be a useful guide during the construction of our prototype. Works Cited 1. E.R. Laithwaite, Propulsion Without Wheels. Hart Publishing Company, Inc, 1968 2. Taihan, November 24, 2003, http://www.taihan.com/taihan_eng/prod/wire/magn_MAGN_m.asp?curMenu=wire 3. Rare Earth Magnets, November 24, 2003, http://www.rare-earth- magnets.com/magnet_university/magnets_electromagnetism.htm 4. Altana Electrical Insulation, November 24, 2003, http://www.epoxylite.com/motors.htm 5. Van Blarigan, Peter. â€Å"Advanced Internal Combustion Electrical Generator.† Sandia National Laboratories. Livermore, CA. 2001 6. Kunel, Heinrich. German Patent: # DE3024814, 01-28-1982

Internet and Cultural and Historical Diversity of Style in Composition

Internet and Cultural and Historical Diversity of Style in Composition The technological revolution of the late twentieth century has arguably caused some of the greatest changes in the global society. Few realize the full effects of the computer age. The Internet in particular has brought the corners of the world closer together. Even in the most remote areas of the globe, such as Katmandu, one can see an advertisement for e-mail (Stefik 235). One might begin to wonder what the social consequences of this pervasiveness are. The Internet brings many diverse groups of people together to participate in many aspects of life from trade to conversations. Some might wonder if these interactions might lead to an end of diversity. In chatrooms and instant messages, the push towards uniformity in style is undeniable. However, this change is far from limited to these small areas of the Internet. In order to evaluate the Internet’s effect on the culture of today, it is first important to define the composition of world today, in particular those that use the Internet. Upon thorough examination of the world today, one will come to a striking realization: American culture has infiltrated even the most remote areas of the world and created a global monoculture. American culture can be best defined as a pure lack of culture; it assimilates any other cultures it encounters and makes it secular. This fact makes it ideal to be the global monoculture. Furthermore, this dominance has led to an end of cultural diversity. The Internet, like television and film, is merely another vessel for the spread of Americanism. Rather quickly it becomes difficult to determine which medium directly affected particular changes in style, making it imposs... ...d> AOL Instant Messenger Interview. 23 Apr 2002. Etree.org | Main. Etree.org. 21 Apr 2002. < http://etree.org/faq_quick.html> Keniston, Kenneth. â€Å"Cultural Diversity or Global Monoculture.† Understanding the Impact of Global Networks on Local Social, Political and Cultural Values. Eds. Christoph Engel and Kenneth H. Keller. Munich: Nomos Verlagsgesellschaft Baden-Baden, 1999. 131-140. McDonald’s – Countries. McDonalds Corporation. 24 Apr 2002. MTV: Music Television. MTV Networks. 24 Apr 2002. Reuters | Breaking News from Around the Globe. Reuters. 22 Apr 2002. Stefik, Mark. The Internet Edge. Cambridge: MIT Press, 1999. Internet and Cultural and Historical Diversity of Style in Composition Internet and Cultural and Historical Diversity of Style in Composition The technological revolution of the late twentieth century has arguably caused some of the greatest changes in the global society. Few realize the full effects of the computer age. The Internet in particular has brought the corners of the world closer together. Even in the most remote areas of the globe, such as Katmandu, one can see an advertisement for e-mail (Stefik 235). One might begin to wonder what the social consequences of this pervasiveness are. The Internet brings many diverse groups of people together to participate in many aspects of life from trade to conversations. Some might wonder if these interactions might lead to an end of diversity. In chatrooms and instant messages, the push towards uniformity in style is undeniable. However, this change is far from limited to these small areas of the Internet. In order to evaluate the Internet’s effect on the culture of today, it is first important to define the composition of world today, in particular those that use the Internet. Upon thorough examination of the world today, one will come to a striking realization: American culture has infiltrated even the most remote areas of the world and created a global monoculture. American culture can be best defined as a pure lack of culture; it assimilates any other cultures it encounters and makes it secular. This fact makes it ideal to be the global monoculture. Furthermore, this dominance has led to an end of cultural diversity. The Internet, like television and film, is merely another vessel for the spread of Americanism. Rather quickly it becomes difficult to determine which medium directly affected particular changes in style, making it imposs... ...d> AOL Instant Messenger Interview. 23 Apr 2002. Etree.org | Main. Etree.org. 21 Apr 2002. < http://etree.org/faq_quick.html> Keniston, Kenneth. â€Å"Cultural Diversity or Global Monoculture.† Understanding the Impact of Global Networks on Local Social, Political and Cultural Values. Eds. Christoph Engel and Kenneth H. Keller. Munich: Nomos Verlagsgesellschaft Baden-Baden, 1999. 131-140. McDonald’s – Countries. McDonalds Corporation. 24 Apr 2002. MTV: Music Television. MTV Networks. 24 Apr 2002. Reuters | Breaking News from Around the Globe. Reuters. 22 Apr 2002. Stefik, Mark. The Internet Edge. Cambridge: MIT Press, 1999.

Symbolism in Lord of the Flies :: Essays Papers

Symbolism in Lord of the Flies In William Golding's Lord of the Flies, a novel that explores the depths of human nature, plot is irrelevant in comparison to the rich symbolism embedded in nearly all components of the story. The theme of the book is the destructive presence of evil as an influence to mankind, which lies within the breakdown of all order and common sense as a group of british boys stranded on a deserted island evolve into a pack of animalistic savages. The clues to this hidden theme behind the storyline are plentiful, as Golding uses a number of objects to represent certain ideologies and moral values. The first term used in the book that holds much symbolic value throughout the story is the usage of the word "scar" for the stretch of sandy beach that borders the thick jungle on the island. When the plane crashes on the lush island, it disrupts the balance and harmony of nature untouched by man's influence. The twisted wreckage of the plane creates an imperfection in the peacefulness of nature, and leaves the beach a "scar" of what it used to be - beautiful and unharmed by man's destructive impulse. Golding describes the natural surroundings of the island in lush, descriptive detail all throughout the book, beginning with an account of Ralph's proximity : "The shore was fledged with palm trees. These stood or leaned or reclined against the light and their green feathers were a hundred feet up in the air. The ground beneath them was a bank covered with grass, torn everywhere by the upheavals of fallen trees, scattered with decaying coconuts and palm saplings. Behind this was the darkness of the forest proper and the open space of the scar." (9-10) An object which also attains much symoblic relevance as the story unfolds is the conch shell. Delicate, fragile, and white, the conch is what brings the boys together on the first day at the beach. It is used throughout the story as an object of high importance and tradition, as it calls meetings together and determines who has the right to speak, depending on who is holding it at the time. It can be seen as a representation of law and order amongst the boys, as it unites them and prevents chaos from arising.

Rhetorical Analysis of “The Responsibility to Conserve Wild Species”

Rhetorical Analysis of â€Å"The Responsibility to Conserve Wild Species† â€Å"The responsibility to conserve wild species – A Consideration of Policy Implications: A Panel Discussion – In the Company of Animals† appears in the scholarly journal. Author, John G. Robinson, holds a Ph. D. in zoology and he is an active member and prominent position holder in several conservationist organizations including the Wildlife Conservation Society. He argues from his self-proclaimed conservationist viewpoint that all interventions to preserve wild species are justifiable.In the article, the milestones are fairly clear and seeing the issue occurs in the first paragraph. The author explains how the roles between human beings and wild animals have changed over time. He points out that most of us do not have frequent interaction with wild animals but asserts that we should care about the question of urban society intervening in the lives of wild animals. We should not o nly care about this question but care enough to take responsibility and action because of our increased presence in their lives.Judging by the author's persuasive pleas, this article is written to people who do not already share the author's views entirely or in part. The journal, Social Research, is primarily written to scholars and learned individuals, but I think the general population just does not have enough knowledge on wild species and/or the direness of their situations to feel greatly motivated to act. Here, he could have supplied more information for the less knowledgeable majority, though it is not really necessary because of the journal's target audience.In his writing, I think that Robinson assumes that humans want to take responsibility for dwindling numbers of wild species. This article would benefit here with logos. By using statistics as solid evidence he might supply an impetus for action. Robinson defines the problem beginning in paragraph two and continues throu gh the sixth paragraph. He first uses ethos in the form of a citation from Aldo Leopold: â€Å"A thing's right when it tends to preserve the integrity, stability and beauty of the biotic community. It is wrong when it tends otherwise. † Robinson supports the idea from two perspectives.First from the utilitarian point of view, he explains that not attempting to conserve wild species jeopardizes resources that humans depend on. The second view, the bio centric position, he emphasizes that wild species have an ‘inherent right to exist. † Are there any other viewpoints that he ignored or tiled to see? I think there are, but Robinson does not even acknowledge the existence of other points of view. I think that to him there are just no other options and he does not want readers to begin to consider not intervening in the lives of wild animals in order to conserve them.Other than this, he does an excellent job of defining his position and then conservationists' ideas of integrity, stability and beauty. He moves on to claim that â€Å"human beings are the single largest contributor to this global degradation (of natural systems and biological diversity). † In the third paragraph, Robinson addresses the faulty ideas of words such as â€Å"pristine,† â€Å"undisturbed,† and even â€Å"wilderness. † These words refer to an unattainable ideal in our modern world. Humankind is everywhere and making an impact always. Throughout the paper an underlying persuasive argument is taking place.If you accepted Leopold's premise, then logically you should accept the idea that humans' primary responsibility â€Å"is to ensure the survival of species in nature. † This necessary acceptance that follows from logic is a little tricky. In the fourth paragraph, beginning the milestone of choosing a solution, Robinson shows us the faulty path of the least intrusive action of establishing protected areas. The return paths appear in the ne xt paragraph along with an example pertaining to mishaps experienced by the United States National Park Service and the Forest Service.Robinson shortly suggests a second solution but then quickly dismisses it. From my understanding, this solution is based in the first solution, and then the author expands upon it by offering to enlist the help of local communities. The fault in this solution lies in that the community would have to value the animals and thus they would become a resource. This would essentially destroy the goal of conservation in the first place. I believe the author could have expounded on this point and further explored details of this option.Is it really a good idea or a bad idea? Should we research this idea more for ourselves? At last, a final and most intrusive proposal is made in the sixth paragraph. Bringing wild animals into captivity is an area most all of us are familiar with because of our childhood visits to zoos and wildlife parks. This paragraph could incite some pathos which I believe the author should have capitalized on. He gives us three good reasons for supporting this option and even uses a bit of logos, though more would be appropriate in my opinion.In the second to last paragraph the author emphasizes from his conservationist perspective that all kinds of interventions are justifiable for the conservation of populations or species. In the concluding paragraph Robinson proposes the paradox of the current argument, â€Å"The more humans intervene, the more responsibility they must assume †¦ but to do otherwise is irresponsible. † I think this truly is the heart of the argument though sadly it is cyclical. From my point of view, the author could have addressed some more faulty paths, especially those of the opposing viewpoint.Robinson never even touched the idea of not intervening to conserve wild species except to say that letting nature take its course would not suffice for a solution. I think that overall, Rob inson made a good argument although he failed to elaborate on some key points. ? Work Cited Robinson, John G. â€Å"The responsibility to conserve wild species – A Consideration of Policy Implications: A Panel Discussion – In the Company of Animals†. Social Research. 1995: n. pag. SIRS Issues Researcher. 31 Mar, 2012.

Mens Rea

2 The members of a abhorrence numeralus reus and mens rea Introduction The traditional starting ap crest for the study of un pr personationice of uprightness pull backful right is the constituents of a brutal barbarous offense turn of in eontsus reus ( pr symboliseically upholdred to as the dis in al low- substanceed crowd outalise, only when to a greater extent accurately slip by as the external atoms of the rudeness) and mens rea (often referred to as the ami adequate to(p) broker, just much accurately exposit as the soil element). Commentators and students a worry involve to ? d consistency and certainty in the exertion and development of the cruel im get goingiality, and n premature nefarious uprightness text get on a lower floor cardinal(a)s skins dealing with the elements of annoyances accent to acres dogmas that the student should inspect consistently applied in later chapters concealment speci? c legal philosophy-breakings. The chief(prenominal) difficulty is that the dis maintains live real in a bit-by-bit fashion, possessing no chthonianlying rationale or poseting green accession. therefrom in examining answerus reus, the student cogency be covering an offensive de? ned in modern end points, e. g. , by the flagitious disability en dissemblement 1971, or in obscure break go out language, e. . , in the Offences Against the several(prenominal)body procedure 1861, or the de? nition of numberus reus whitethorn swipe from the rough-cut fair play, perhaps amended or augmented by statute, e. g. , attain. Similarly, when we examine our access to mens rea, we flock behold little parkland ground. If the offense occupys the blamable pursuit to prove emotional conjure, this demand comm just now if be left to the dialog box without exact guidance from the test as pronounce (R v Mol hotshoty 1985 1 tot whollyy ER 1025) exclusively if self-confidence is the upshot, a snap spelling out to the panel what they essential ? d whitethorn be c e truly(prenominal) for. If 1 looks at the development of the archetype of rashness iodin provoke see that, ske allowoner to the conclusiveness of the stick out of masters in R v G 2003 4 whole ER 765, a character reference involving miserable damage would fo on a lower floor knobbed a tourist royal coquette in arduous to esteem whether the suspect was reckless according to the de? nition put d profess in Metropolitan legality force counselinger v Cald intimately 1981 1 whole ER 961. Following the abandonment of Caldwell hardihood in R v G 2003 4 merely ER 765, the cut has been simpli? d so that a philander straight has to concentrate on whether or non the suspect was aw be of the hazard in motion and if so, whether or non, in the mountain k straighta portn to the suspect, it was un level-headed for him to take the take chances. The elements of a ab pulmonary tub erculosis actus reus and mens rea 9 If dis in effect(p)y is the mens rea (see stealth spiels 19681996) the control panel must(prenominal) all(a)ot twain speci? c perplexitys (would ordinary people contract D dishonest? if so, did D earn that they would? ) exclusively these argon dubiousnesss of arrangement for them to go down (R v Ghosh 1982 2 either ER 689).In some different actors line, at that sharpen argon triple dissimilar risees in causeing the mens rea for different disrespects. A search for consistency is thus a futile exercise Students should in that locationfore be assured that studying the chapters on actus reus and mens rea pot produce a distorted public spirit of the distressing legal philosophy of nature. ace is dealing with concepts in isolation and could signifier the impression that these general teachings argon consistently applied. unity exceptional criticism is that the vicious police force is non consistent in applying object glass or unresolvedive tests for indebtedness. Objective tests flip what the modestnessable somebody would eat up pr horizontaltn.Subjective tests decide the suspect on the accompaniments as he hindquartersdidly believed them to be. in that respect step to the fores to be an absence of each chthonianlying rationale and the umbrages develop separately of each other. One rout out study why Sir Henry Brooke ( former(prenominal) head of the truth Commission) and umpteen others wish for codi? cation of some, if non all, of the immoral law (see 1995 Crim LR 911The effectuality Commission and venomous legality Reform). Even immanentised concepts that excite been applied by the courts for m twain old age, may suddenly come under(a) attack and be counseled other than by the judiciary.Thus the theater of operations of skippers in Attorney-Generals Reference ( zero(prenominal) 3 of 1994) 1997 3 all told ER 936, reversed the court of law of draw ending (1996 2 WLR 412), holding that the principle of transferred malice could non apply to in unhurried an impeach of execution when he mea incontestabledly injured a pregnant charr in heap where the baby was innate(p) alive but subsequently died. superior Mu nonetheless criticized the precept as having no laboured intellectual prat and involving a ? ction, although the cruel police Re situation disagrees with his stance (1997 Crim LR 830).In this chapter head words deem been chosen to cover all study shots of this argona. at that place be some problem movements, but backsidedidates should expect the essay questions in an exam to be selected from these topics. Essays are therefore include on the essential aspects of mens rea function and venturesomeness. apparent movement 1 The practice of deviation the exhaust of innovation to the instrument panel without any judicial guidance as to its essence is unworkable and probable to produce dissonant decisions. Discuss this tale with reference to out-of-doors-cut casings. Commentarythither take a leak been so some(prenominal) important decisions on this important aspect of bend law, that it is continuously likely to be the subject of an interrogation question. 10 The elements of a offense actus reus and mens rea Because the circumstances of R v Moloney 1985 1 entirely ER 1025 are so well known, there is a temptation only if to regurgitate them with the erect of ennobles decisions. This must be resisted as there are galore(postnominal) ingredients in the outgrowth, which involves woeful maintenanceful programning and organization. In summary, this is a question where it is quite well-heeled to obtain a pass sc foil but dif? cult to obtain a high school grade. Answer plan Mens rea conceptionde? nition Moloney 1985the fortunate rule Woollin 1998 transportion on conception Law Commission No. 218 Suggested answer Except with austere (or absolute) indeb tedness distressing offensives, in put in for an charge to be form hang leaper of a miserable disrespect, the quest must prove that the incriminate endueted the actus reus of the disrespect with the appropriate mens rea. Mens rea for the to the highest degree discontinue signi? es blameworthiness, although in R v Kingston 1994 3 either ER 353, the preindication of Lords con? rmed that the accuse was flagitious of an offense requiring the criminal criminal quest to prove intention, although he was morally blameless.Mens rea is the mental element, which varies from one law-breaking to a nonher but generally, for the more drab offences, it comprises intention or venturesomeness, with intention be reserved for the closely flagitious nuisances. One would therefore recover that, organismness of much(prenominal)(prenominal) fundamental importance, intention would be speci? foreshadowy de? ned and stiffly applied, but this is non the crusade. There agre e always been dif? culties with the concept of intention at heart the criminal law. What is it? How should it be de? ned? How do the prosecution prove it? How does the trial hear be provoke the venire?These issues ingest been the subject of frequently judicial and academic pass in recent years. Although the word intention implies usance or even disposition, there train been many diverse de? nitions by the judiciary, and commentators switch to a fault identi? ed different types of intention. First, lease intent, where it was the criminates mathematical function or motive to bring approximately a result. Thus in R v Steane 1947 1 whole ER 813, the accuse, who help the enemy during the war, had his curse quashed as the court imagine that he did non typify to assistant the enemy he intend to protect his family, who would urinate been injureed had he non cooperated.Secondly, oblique intent, where the acc utilise does not inescapably desire the result but fores ees it as super presumptive. Thus in Hyam v DPP 1974 2 either ER 41, the family of Lords upheld a conviction for murder where the The elements of a detestation actus reus and mens rea 11 impeach had treated ? re to the victims home base even though the acc applys purport had been only to f decenten the victim. Because there was stimulate that the accused fore apothegm that demolition or unsafe corporate accidental flaw was highly probable the fireside of Lords felt justi? d in concluding that her secernate of intelligence could be escorted as a form of intent (on this matter the law is now as coiffure out in R v Woollin 1998 4 All ER 103see below). Thirdly, ulterior intent, where it must be exhibitionn that in intentionally doing one act the accused has a related to character. Thus to be abominable of burglary under s. 9(1)(a) of the Theft come 1968, it is deficiencyed for the prosecution to prove that the accused, when deliberately entering a building as a trespasser, did so with a speci? c related purpose in spirit, e. g. , to steal or commit criminal damage. It would not be suf? ient if the accused intentionally broke into the family line with the furbish up purpose of sheltering from the weather. The terms speci? c and staple intent, are also used in respect of the demurral of intoxication to pick up mingled with those offences where intoxication is permitted as a demurral and those where it is not (see throw out DPP v Majewski 1976 2 All ER 142). Although there is an overlap amidst intention on the one hand and motive and foreboding on the other, and these last mentioned concepts assist the jury in their deliberations on intention, it is subject that the concepts are not synonymous.Motive is the understanding why a person acts, while intention is his or her mental sureness at the age of the act. Foresight send word be demonstrate of intention, but it is not conclusive turn out of it. Section 8 of the ven omous justice pretend 1967 takes that a court shall not be bound in law to infer that the accused think or foresaw a result of his action mechanisms by reason only of its organism a natural and probable answer of those actions, but shall decide whether he did intend or foresee that result by reference to all the evidence, drawing much(prenominal) inferences from the evidence as appear proper in the circumstances.The issue of intention was rolld by the tolerate of Lords in R v Moloney 1985 1 All ER 1025 and R v autograph and Shankland 1986 1 All ER 641. In the former carapace, Moloney shot his stepfather from sign blank range and was convicted of murder subsequently the trial judge ( followers Archbold savage beseeching Evidence and Practice, 40th edn, para. 1713, p. 995) enjoin the jury that In law a man intends the consequence of his voluntary act (a) when he desires it to happen, whether or not he foresees that it probably pass female genital organ happen, or (b) when he foresees that it volition probably happen, whether he desires it or not.The family line of Lords quashed the conviction on the ass that this was a mis mode, Lord Bridge stating that the golden rule should be that, when directing a jury on the mental element necessary in a disgust of speci? c intent (i. e. , intention), the judge should turn away any elaboration or recite of what is meant by intent, and leave it to the jurys bully grit to decide whether the accused acted with the necessary intent, unless the judge is convinced that, on the events and having regard to the way the subject has been premiseed to the jury in evidence and 2 The elements of a crime actus reus and mens rea tide rip, some further publish up or elaboration is inexorablely necessary to avoid misunderstanding. Although the decision may be criticized on the ground that their Lordships missed a golden opportunity to de? ne intention, it is in keeping with the modern apparent motion of go ing more and more issues to the jury, especially the mean of words in general use. For example, Brutus v Cozens 1972 2 All ER 1297 (insulting) R v Feely 1973 1 All ER 341 (dis burndidly).This decision was followed by the erect of Lords ruling in R v autograph and Shankland, where Lord Scarman also make the point that if intention removed a particular billing it was best to leave this to the judgment of the trial judge who would confound had the bene? t of hearing all the witnesses and gauging the ability of the jury. He added that the trial judge could not do as Lord Bridge suggested and only when direct the jury to get word dickens questions ? st, was shoemakers last or really serious injury in a murder baptistery a natural consequence of the suspects voluntary act? secondly, did the suspect foresee that consequence as being a natural consequence of his act? further instructing them that if they answer Yes to 2 questions it is a proper inference for them to draw that the accused intend that consequence. Lord Scarman tell that the trial judge must refer to the concept of probabilitythe more probable the consequence, the more likely the accused foresaw it and intended it.Despite clear kinfolk of Lords dicta to the different, the motor inn of arouse in R v Nedrick 1986 3 All ER 1 did set down some guidelines to the effect that the jury should not infer intention unless they get worded that the accused foresaw the consequence as a practical(prenominal) certainty. However, this decision has pull uped criticism, and the judiciary of Appeal in R v Walker and Hayles 1989 90 Cr App R 226 say we are not persuaded that it is only when death is a virtual certainty that the jury hindquarters infer intention to kill. Nevertheless, the billet of Nedrick was con? med by the offer of Lords intelligence in R v Woollin 1998 4 All ER 103. The business firm, stating that where the simple direction was not abounding, the jury should be further d irected that they were not authorise to ? nd the necessary intention unless they felt sure that death or serious bodily harm was a closely certain result of Ds action (barring some unforeseen intervention) and, that D had apprehended that fact. This decision also illustrates one of the dif? culties of the move over onset, i. e. , when is the issue of intention so complicate as to warrant a expound direction?In R v Walker and Hayles, the Court of Appeal trenchant that the mere fact that a jury calls for a further direction on intention does not of itself make it a rare and exceptional scale requiring a antepastedness direction. On the other hand, in R v Hancock and Shankland, the kinsfolk of Lords con? rmed that the trial judge was right to give a detailed direction, even though the content of the direction was wrong. A further problem is that different juries may have different ideas as to what constitutes intention, some insisting on purpose being necessary, while other s are b fall out a risk to accept that only foresight of a probable consequence is pauperisationed.There is clearly the The elements of a crime actus reus and mens rea 13 risk of inappropriate decisions and it is therefore not surprising that the Law Commission (Nos 122 and 218) have recommended that the following ensample de? nition of intention be adopted a person acts intentionally with respect to a result when (i) it is his purpose to cause it or (ii) although it is not his purpose to cause that result, he knows that it would occur in the ordinary pattern of positions if he were to succeed in his purpose of create some other result. pass 2 Mens rea is, by de? nition, the defendants adduce of brain. Discuss the accuracy of this statement using case law to harbour your argument. Commentary This question requires examination of some of the assumptions made almost mens rea and the stream trends in judicial thinking. Candidates would be expected to consider the main f orms of mens rea and the extent to which courts are needful to take an quarry or indwelling suppose of fault. Although Caldwell recklessness has now been in effect consigned to legal history (for the time being at to the lowest degree(prenominal)) a good answer get out need to show an sensation of that decision and its impact on the mens rea debate. demandation also needs to be given to the issue of fall away and its sexual congressship with mens rea. Finally, the answer should hide some consideration of indifference as a form of mens rea and the extent to which its use accords with notions of innate fault. Answer plan The constitution of mens rea IntentionR v Woollin House of Lords decision The recklessness debate R v G 2003abandoning Caldwell The treatment of mistake and its effect on mens reaDPP v Morgan 1976 sidesplitting by everlasting(a) negligencewhether clinical or inseparable 4 The elements of a crime actus reus and mens rea Suggested answer Although mens rea translates literally as guilty question, relying on this as the meaning given to that term in modern criminal law is likely to lead to error. This is because a defendant may be found to have mens rea even though he himself has not acted with the intention of committing an offence, or even with the awareness that this world power be the result. The better onset is to regard mens rea as denoting the fault element that the prosecution has to prove.In the absolute majority of cases this depart involve evidence of some positivistic state of nous on the part of the accused, but in other cases it may be enough to show that the accused failed to advert to something that would have been writ large to the fair(a) person. The devil most important fault elements used in modern criminal law are intention and recklessness. It can now be verbalise that, as far as these two forms of mens rea are consulted, obligation cannot be demoed without evidence as to what the defenda nt foresaw when he committed the acts causing the disallow results.Exactly what it is that the defendant has to have foreseen, and how much foresight he must be shown to have had, are questions that go to the core of the debate relating to where the dividing line between different types of subjective mens rea should be drawn. The modern de? nition of intention can be derived from a number of House of Lords decisions, notably R v Moloney 1985 1 All ER 1025 and R v Woollin 1998 4 All ER 103. A defendant cannot be guilty of murder unless he is proved to have acted with intent to kill or do grievous bodily harm.Where a direction on intent is deemed necessary, a jury should be instructed that they should consider the extent to which the defendant foresaw death or grievous bodily harm resulting from his actions. Only where there is evidence that he foresaw any consequence as virtually certain would it be safe for a jury to conclude that a defendant therefore intended either of those con sequences. The reveal here is foresight. Section 8 of the Criminal rightness twist 1967 makes clear that foresight is a subjective concepti. e. it is base on what the defendant very foresaw not on what he ought to have foreseen, or indeed what the reasonable person would have foreseen had he been in the defendants shoes. Taken together, the de? nition of foresight in the 1967 Act, and the House of Lords ruling in Woollin ensure that where intention is the required mens rea, there can be no incertitude that it will be ground on the defendants state of mindi. e. , a subjective cash advance will be adopted. The rationale for this is fairly writ largeit is hard to mention a defendant as having intended a consequence if there is no evidence of it having occurred to him.Even where there is such evidence, if the accident of the consequence occurring has only ? eetingly crossed his mind it would still be absurd to say he intended it. The law, therefore, requires a very(prenomin al) high degree of foresight forwards a defendants state of mind is labelled as having been intentional. Recklessness, by contrast, implies risk taking, as opposed to the defendant foreseeing a consequence as a certainty. Here there has been great parameter over the past few The elements of a crime actus reus and mens rea 15 decades as to the right set out to the determination of fault.The traditional approach to recklessness as a form of mens rea very much re? ected the notion that mens rea had to be based on the defendants state of mind. In R v Cunningham 1957 2 All ER 412, the Court of Appeal held that a defendant was reckless only if he similarlyk an unjusti? able risk and was at least aware of the risk materializing. The secern point about this approach to recklessness was that there would be no financial obligation if the risk neer occurred to the defendant. Subsequently, during the 1980s a contrary view held sway, following the House of Lords decision in Metropolitan constabulary Commissioner v Caldwell 1981 1 All ER 961.Ds conviction for criminal damage being reckless as to whether spiritedness would be endangered, contrary to s. 1(1) of the Criminal Damage Act 1971, was upheld on the soil that he had created an open-and-shut risk that dimension would be done for(p) or damaged and had either given no theme to the opening move of there being any such risk, or had accepted that there was some risk knotted and had nevertheless gone on to do it. The not thinking formulation of recklessness here, clearly envisaged financial obligation being oblige even though the risk in question had not occurred to the defendant.Whilst this might have been a desirable policy intentit made it easier for the prosecution to secure convictionsit threw up many dif? cult issues. First, what of the defendant who did not think of the risk because it would not have occurred to him even if he had stopped to think? In Elliot v C (A Minor) 1983 2 All ER 1005, a 1 4-year-old schoolgirl of low intelligence, who was tired and peckish, spilt some in? ammable spirit and because dropped a lighted run into on the wooden ? oor of a garden shed. She was charged under s. 1(1) of the Criminal Damage Act 1971.It was argued that she did not foresee the risk of ? re, nor would she had she addressed her mind to the come-at-able consequences of her action. Although Goff LJ verbalize that a test for recklessness which allowed the court to take into account the individual characteristics of the accused had much merit (a subjective approach), he felt bound by the doctrine of precedent (at that time) to follow Caldwell, and therefore concluded that the defendant should have convicted on the objective test foothold, i. e. , whether the risk would have been obvious to a reasonable man.Secondly, there was the argument that Caldwell recklessness was not pleasant as a form of mens rea because it was not based on the defendants state of mind. In R v Reid 1992 3 All ER 673, Lord Keith detect by way of response that absence of something from a persons state of mind is as much part of his state of mind as is its presence. mindlessness to risk is no less a subjective state of mind than is thin of a recognised risk. What he meant by this was that even with Caldwell recklessness, the court had to consider the defendants state of mind. besides, it is submitted, this is a piece of judicial sophistry, as all that was required was for the court to examine the defendants state of mind and, on ? nding no thought, conclude that he had been reckless departd the risk would have been obvious to the reasonable prudent bystander. Whilst many might have applauded Lord Diplocks efforts to vindicate thoughtlessness in terms of a friendly policy initiative, the real question was whether he was right to 16 The elements of a crime actus reus and mens rea ursue this via a radical judicial reinterpretation of the term recklessness. It is signi? cant that fan tan intervened shortly afterwards Caldwell to reform the offence of reckless effort (and therefore causing death by reckless driving) by replacing it with the offence of terrible drivingsee the Road Traf? c Act 1991. The effect of this was to make clear that the offence could now be committed without any form of mens rea that required reference to the defendants state of mind. Recklessness was replaced, as a fault element, by the term stern.Whilst it could and was argued that recklessness implied some conscious risk-taking by the accused, there was no doubt that dangerousness as a fault element rested entirely upon an objective appraisal of the defendants conduct. In other words a defendant could draw dangerously because he had a mischievously secured load on the back of his lickthere was no need for him to be aware of this. In summary this suggests that fan tan liked the idea of criminal obligation based on failure to think about risk, but was not comfy with the idea that traditional mens rea terms like recklessness might be used to describe it.As far as recklessness is concerned the subjectivist argument has found privilege again, as evidenced by the House of Lords decision in R v G 2003 4 All ER 765, where it was held that a defendant could not be properly convicted under s. 1 of the Criminal Damage Act 1971 on the basis that he was reckless as to whether property was destroyed or damaged when he gave no thought to the risk and, by reason of his age and/or face-to-face characteristics, the risk would not have been obvious to him, even if he had thought about it.Lord Bingham observed that recklessness should at least require a knowing force out of an appreciated and unacceptable risk of, or a deliberate closing of the mind to, such risk. In his view it was not clearly blameworthy to do something involving a risk of injury to other if one genuinely did not perceive the risk. R v G re? ects a general judicial trend in favour of subjectivity , as evidenced in decisions such as B v DPP 2000 1 All ER 833.Indeed, the high watermark of this approach to fault was the House of Lords decision in DPP v Morgan 1976 AC 182, where it was held that if a defendant made a genuine mistake of factsuch as wrongly believing that a woman was consenting to sexual intercourse, he had to be judged on the facts as he believed them to be, not as the reasonable person would have believed them to be. Lord Hailsham made it clear that there was no room either for a defence of honest notion or mistake, or of a defence of honest and reasonable belief or mistake.The reasonableness of the defendants honest belief was scarcely a gene relating to its credibility. The mental element in the offence of rape has now been modi? ed by the knowledgeable Offences Act 2003, so that rape is effectively now an offence with a fault element based on negligence. The rationale of DPP v Morgan survives, however, at greenness law to the extent that a defendant shou ld normally be judged on the facts as he honestly believes them to be. As has been mention above in the case of dangerous driving, fault elements that do not require reference to the defendants state of mind are used.At common law this can be seen in the offence of killing by swinish negligence. In R v Adomako 1994 3 WLR 288, Lord Mackay LC explained that obligation would be substantiateed if the prosecution could prove that the defendants conduct departed from the proper step of upkeep incumbent The elements of a crime actus reus and mens rea 17 upon him, thereby creating a risk of death, and involved such a departure from acceptable standards of apprehension as to deserve the soft touch of criminalization.As was made clear in Attorney-Generals Reference (No. 2 of 1999) 2000 3 All ER 182, evidence of the defendants state of mind might be useful in guiding a jury as to whether or not the negligence was gross, but this fault element can be made out without any direct evidence as to the defendants state of mind. Whilst this may reckon to run counter to the trend in favour of subjectivity it should be remembered that it serves a useful kindly purpose in fashioning it easier to cut down criminal indebtedness on companies that kill.In summary, therefore, it is undoubtedly true to say that mens rea normally does involve an examination of the defendants state of mind to ascertain a degree of awareness of the consequences of his actions. The law will, however, allow departures from this where the kindly emolument of doing so outweighs the need to ensure the equity to the defendant that ensues from adopting a subjective approach to fault. Question 3 You are told that the (? titious) quaint phonograph recording Act 2009 has just receive the Royal Assent and that s. 1 provides, It shall be an offence to destroy any book printed in the first place 1800. Discuss the criminal financial obligation of each party (in relation to the 2009 Act) in the foll owing situation. Arthur owns 200 books, which he thinks are worthless. He is concerned in case any of the books were printed before 1800 and consults Ben, an expert on old books, who assures him that all the books were printed long after 1800.Arthur destroys the books and is now horri? ed to discover that 3 of them were printed in 1750. Commentary This is an unusual question which has caused students dif? culties, with many writing about the offence of criminal damage. This is a mistake as the question requires a detailed compend of the mens rea requirement of the Ancient Book Act 2009, and in particular analysis of the concept of inexorable indebtedness. In a accompany by Justice referred to in an condition by A. Ashworth and M.Blake, The Presumption of Innocence in English Criminal Law 1996 Crim LR 306, it is estimated that in over one half of criminal offences either stern liability is imposed, or the prosecution have the bene? t of a self-assertion. It is obviously an imp ortant topic, and popular with examiners A good answer will require a detailed consideration of the possibility of this offence being one of severe liability and the effect of this. Candidates should also consider the position if the courts decide that intention or recklessness is the appropriate mental state. 8 The elements of a crime actus reus and mens rea Answer plan Strict liabilitySweet v parsley 1969 Presumption of mens reaB v DPP 2000 The exceptions Recklessness MistakeMorgan 1976 Bens liability under the atrocious umbrage Act 2007 Suggested answer The ? rst point to note is that s. 1 of the Ancient Book Act 2009 is unfathomed as to the mens rea requirement of the offence. This could mean that the offence is one of absolute liability (i. e. , strict liability in the smell that no mens rea whatsoever is required).Alternatively it could be a strict liability offence in the sense that intention, recklessness or negligence is only required as regards one or more eleme nts of the actus reus. The imposition of absolute liability may be very unpleasant on the defendant. For example, in Pharmaceutical parliamentary law of Great Britain v Storkwain 1986 2 All ER 635, the House of Lords upheld the conviction of a pharmacist who had given drugs to a patient with a forged makes prescription, although the court found the pharmacist blameless.Whilst the decision demonstrates the inherent unfairness of strict liability, it can be justi? ed on the basis that the misuse of drugs is a grave social evil and therefore should be prevented at all costs. The ? rst case of statutory strict liability was R v timberrow (1846) 15 M & W 404, where the accused was found guilty of being in self-will of adulterated tobacco, even though he did not know that it was adulterated. Many early decisions revealed an inconsistent approach as the courts were trying to interpret old statutes in ascertaining the will of sevens.However, Lord Reid in the House of Lords decision in Sweet v Parsley 1969 1 All ER 347 move down the following guidelines (a) Wherever a section is static as to mens rea there is a presumption that, in order to give effect to the will of Parliament, words importing mens rea must be canvass into the provision. (b) It is a universal principle that if a penal provision is reasonably adequate to(p) of two interpretations, that interpretation which is most favorable to the accused must be adopted. (c) The fact that other sections of the Act expressly require mens rea is not in itself suf? ient to justify a decision that a section which is static as to mens rea creates an absolute offence. It is necessary to go outside the Act and examine all relevant circumstances in order to turn out that this must have been the intention of Parliament. The elements of a crime actus reus and mens rea 19 So in Cundy v Le Coq (1884) 13 QB 207, a tavern keeper was found guilty of selling intoxicating liquor to a rumen person under s. 13 of the Licens ing Act 1872, even though the publican did not know and had no reason to know that the customer was drunk whereas in Sherras v De Rutzen 1895 1 QB 918, a publican was not guilty under s. 6(2) of the Licensing Act 1872 of serving alcohol to a police constable while on avocation when the accused did not know or have reason to know that the police constable was on employment. The former case was held to be an offence of strict liability, whereas in the latter, in order to obtain a conviction, the prosecution had to prove mens rea on behalf of the publican, which they were futile to do. Despite the fact that there is a presumption in favour of mens rea when a statute is silent, the courts have been inclined(p) to rebut this presumption on many occasions.The direct case on this point is ham v Attorney-General for Hong Kong 1985 AC 1, where Lord Scarman set out the applicable principles. If the offence is really criminal in character the presumption is particularly strong, but it ca n be displaced where the statute is concerned with an issue of social concern. Thus, in Gammon, as the accuseds activities involved public safety, the Privy Council were prepared to hold that the legislature intended the offence to be one of strict liability. On analysis these principles appear inconsistent. It could be argued that all crimes by de? ition are grave social evils, yet if the offence is truly criminal in character, strict liability does not apply. In practice, the courts have adopted a ? exible approach, but it is accept that certain spheres of exercise are always likely to attract the conclusion that this is an offence of strict liability. Thus in? ation (R v St Margarets avow Ltd 1958 2 All ER 289), defilement (Alphacell Ltd v woodwind instrumentward 1972 2 All ER 475), and dangerous drugs (Pharmaceutical Society of Great Britain v Storkwain, above) are traditional areas where strict liability has been imposed.However, it does seem in recent years that the categor y of grave social concern is expanding to encompass new social activity to include acting as a director whilst disquali? ed (R v Brockley 1994 Crim LR 671) and wildcat possession of a dangerous dog (R v Bezzina 1994 1 WLR 1057). However, the House of Lords have again emphasized the need for the prosecution to prove mens rea in B (A minor) v DPP 2000 1 All ER 833, where Lord Hutton stated (at p. 855), the test is not whether it is a reasonable importee that the statute rules outmens rea as a constituent part of the crimethe test is whether it is a necessary implication.Further in R v fifty 2001 3 All ER 577, the House held that although s. 28 of the Misuse of Drugs Act 1971 required the defence to prove a defence, this only meant introduce evidence of, rather than establish a defence on the relaxation of probabilities. In view of these developments, it is submitted that it would be most unlikely for s. 1 of the Ancient Book Act 2009 to be an offence of strict liability, and ther efore Arthur will only be guilty if the prosecution can establish that he had the necessary mens rea.As Rix LJ observed in R v M 2009 EWCA 2615, even if the provision in question is silent as to mens rea and other provisions in the statute expressly require it, the presumption in 20 The elements of a crime actus reus and mens rea favour of mens rea will not be rebutted unless the circumstances are such as to compel such a conclusion. If the court were to decide that the offence required the prosecution to prove intention, it is submitted that Arthur would not be convicted.He obtained the opinion of Ben, an expert and clearly did not desire or even foresee the consequence that protected books would be destroyed. Arthur has made a mistake, and even if an accused makes an unreasonable mistake, in accordance with the House of Lords decision in DPP v Morgan 1976 AC 182, he is, in the absence of any clear statutory intent to the contrary, entitled to be judged on the facts as he believed them to be. If the court decides that the offence could be committed recklessly, it would still be very dif? ult for the prosecution to establish the appropriate mens rea. It is almost certainly the case that subjective recklessness would have to be provedi. e. , the prosecution must show that the accused foresaw the consequence and took an unjusti? ed risk (R v Cunningham 1957 2 All ER 412 and R v G 2003 4 All ER 765) (although technically the latter only deals with the issue of recklessness in relation to criminal damage). As Arthur seek the opinion of an expert it is dif? cult to see how it could be argued that he was consciously taking an unjusti? ed risk.It is therefore submitted that Arthur could be guilty of the offence only if the court decides that s. 1 of the Ancient Book Act 2009 creates an offence of strict liability. Turning to Bens liability, if he genuinely believed the books to be of post-1800 vintage and the courts interpret the offence as requiring at least reckle ssness on this issue, he could not be convicted as an accomplice as he would lack the necessary mens rea. If the offence were held to be one of strict or absolute liability Ben could only be convicted as an accomplice if he knew of the facts that conventional the offencei. . he knew the books dated from before 1800see Johnson v Youden 1950 1 KB 544. Alternatively, if Ben knew or believed the books to date from before 1800 he could be charged with either (i) doing an act competent of encouraging or assisting the way of an offence intending to encourage or assist its billing contrary to s. 44 of the monstrous Crime Act 2007 or (ii) doing an act capable of encouraging or assisting the way of an offence believing that the offence will be committed and that his act will encourage or assist its commission contrary to s. 5 of the Serious Crime Act 2007. The act in question would be giving advice to Arthur he knew to be wrong. The fact that Arthur, in destroying the books, might have a cted without mens rea will not absolve Ben. If the offence under the Ancient Book Act 2009 is construed as requiring fault it will be suf? cient for the prosecution to prove that Bens state of mind was such that, had he destroyed the books, he would have acted with the degree of fault required for the full offence see s. 47(5)(a)(iii) of the 2007 Act.If the 2009 Act is a strict liability offence, Ben can be convicted under the Serious Crime Act 2007, provided he believed that the books dated from before 1800 or was reckless as to whether or not they did. The elements of a crime actus reus and mens rea 21 Question 4 Gloria, timbers eccentric auntie, aged 57, was invited to perch with timber and his girlfriend bloody shame at their property on the coast. It was concur that Gloria would occlusive for three weeks and would occupy the lodge in the garden of the woodwind instruments house some 30 yards away. Gloria also agreed to birth ? 0 to cover the electricity she would use in the lodge. Everything went well for two weeks, with all three sharing meals at the house. However, a change of mood past came over Gloria who decided that she no darknesslong wanted to have meals with Wood and bloody shame. Gloria fatigued more and more time by herself at the lodge. After 20 long time of the holiday Gloria, whose carnal condition had visibly deteriorated, announced that she refused to leave the lodge and was going to chit there the rest of the winter. This so enraged Wood and bloody shame that the attached day they told her to leave immediately, which she did.Six hours later, at 11 pm, Gloria rang their bell pleading to be let in as she was cold and hungry and had nowhere else to go. Wood and Mary refused, and during that night Gloria was taken to hospital suffering from hypothermia. epoch in hospital, Gloria fell unconscious and was placed on a life take machine. After ? ve days she was overcompensately diagnosed by Dr Spock as being in a persistent veg etative state with no hope of recovery. He accordingly dislocated the machine. Discuss the criminal responsibility (if any) of Wood and Mary. CommentaryThe sensible way to tackle this question is to start with an examination of failure to act as a basis for liability. The key aspect of this will be the compare of the given cases with earlier decisions such as R v Instan and R v sway and Dobinson. Care must be taken to distinguish between the facts of those cases and the current problem. The facts of the question require an examination of at least three bases for liability blood race, assurance, and creating a dangerous situation. Do not fall into the trap of thinking that the news of excision is all that is required.Candidates must establish a causal link between the cut and the deathin fact and in law. Finally, candidates will need to consider the most appropriate form of homicide. Candidates are advised not to waste blue-chip time considering murder or irregular act mans laughterthey are clearly not relevant on the facts. In relation to killing by gross negligence, candidates need to devote some time to the issue of calling of cautiousnessnote that this covers very similar ground to the discussion relating to liability for omissionbut the decision in R v Evans is particularly steadying and relevant here.Note Candidates are not required to consider the responsibility of Dr Spock. 22 The elements of a crime actus reus and mens rea Answer plan Is there a causative omission? run across the bases for liability for failing to actstatutory, contr true, and common law Distinguish R v Instan and R v Stone & Dobinson Consider R v moth miller and R v Evans Consider killing by gross negligence Can a trading of criminal maintenance be open up? Is the degree of fault required made out on the facts? Suggested answer The ? st issue to be resolved is whether or not Wood and Mary can be verbalize to have caused the death of Gloria. As there is no un equivocal act by either of them that causes death, the court would need to investi opening whether or not liability can be based on the failure of either or some(prenominal) of them to prevent Glorias death. The question as to whether an omission, as opposed to an act, can very cause a consequence is a moot point. Traditionally, the criminal law has always drawn a clear promissory note between acts and omissions, being loath to punish the latter.Other European countriese. g. , Greece, France and Germanydo not exhibit the same reluctance, and there is dispute as to whether the English approach is correct. See in particular the different views of Professors A. Ashworth (1989) 105 LQR 424 and G. Williams (1991) 107 LQR 109. However, unconnected from the numerous statutes that impose a transaction to act, e. g. , s. 170 of the Road Traf? c Act 1988, it appears that the common law will impose a employment to act only in very fastened circumstances.There can be no criminal liabilit y imposed on Wood and Mary in respect of their failing to care for Gloria unless the prosecution can establish that they were under a positive legal province to care for her. Such a employment can be imposed by statute, but that is clearly not the case here. Similarly a legal craft to act can arise from a contract between the parties. For example in R v Pittwood (1902) 19 TLR 37, where the defendant, a railway gate operator, was found guilty of manslaughter when a person was killed crossing a railway line as a result of the defendant leaving the gate open when a train was coming.In the sit case it could be argued that there was a contractual relationship, in that Gloria agreed to pay for her electricity and was in occupation of the lodge, but it is hard to see how any positive responsibleness to care for Gloria can be impliedand in any event it would be argued that the contract was only for the initial three-week period, and that it was a purely domestic arrangement not intende d to give rise to lawfully enforceable obligations. In respect of Wood it could be argued that he was under a common law traffic to care for Gloria because she was a relative.Where the relationship is that of parent and nestling the common law has had little dif? culty in identifying a positive legal province of care so The elements of a crime actus reus and mens rea 23 that failing to act can result in liability where it causes harm see R v Gibbins and watch over (1918) 13 Cr App R 134. In R v Instan 1893 1 QB 450, liability for manslaughter was imposed upon a niece who failed to care for her aunt with whom she was living, having been given money by the aunt to supply groceries. Liability in Instan was largely based on the existence of a blood relationship between the parties.This would seem to suggest that, at least in the case of Wood, there might be a common law duty to act. It is submitted that the present case can be distinguished from Instan. In Instan the defendant in truth occupied the same house as the departed, and had expressly undertaken the task of purchasing nourishment for her, which she subsequently failed to do, knowing well that her aunt could not fend for herself. In the present case Gloria decided for herself that she wanted to stay in the lodge alone, thus airlift the question of whether Wood was obliged to do anything more for her than he had been doing during the ? st two weeks of her stay. moreover the evidence suggests that it was refusing to demonstratemit Gloria after she had been told to leave that led to her deathraising the question of whether Wood was under any obligation to readmit Gloria. The much more undimmed argument for the prosecution is that a positive legal duty to act at common law arose in respect of both Wood and Mary because they had allowed a relationship of credence to develop between themselves and Gloria. The key function here is R v Stone and Dobinson 1977 QB 354.In that case the Court of Appeal up held convictions for killing by gross negligence on the basis that the defendants had admitted the deceased to their house and had essay to care for her. They and so failed to discharge their duty adequately and failed to get hold any assistance in discharging that duty. The court stressed that the duty to act arose not simply because of a blood relationship between one of the defendants and the deceased, but because of the reliance relationship.It could be argued that in allowing Gloria to stay Wood and Mary allowed a relationship of reliance to developbut the present case can be distinguished from Stone and Dobinson on the grounds that Wood and Mary placed a time limit on Glorias stay, and Gloria left of her own volition. Thus the argument as to whether or not there is any liability for failing to act is ? nely balanced. The prosecution could run an preference argument on the basis that when Gloria begs to be readmitted to the house Wood and Mary are aware that their expulsion of Gloria has created a dangerous situation.There is evidence that Glorias tangible condition had visibly deteriorated. Gloria was cold, hungry, and had nowhere to go. There was evidence that Gloria was eccentric. Applying R v Miller 1983 1 All ER 978, where the House of Lords upheld the accuseds conviction for criminal damage where he had inadvertently started a ? re and then, when he realized what he had done, simply left the building without making any attempt to prevent the ? re spreading or to call the ? re brigade, it could be argued that by failing to state Gloria shelter, Wood and Mary committed vicious omission that caused Glorias death.For the Miller principle to apply, the prosecution would have to show that the defendants were both aware that their expulsion of Gloria had created a dangerous situation. On the facts this should not be too dif? cult. 24 The elements of a crime actus reus and mens rea expect that the failure to care for Gloria, or the refusal to readmi t her to the house, can form the basis of liability, the prosecution will have to show that this omission caused Glorias death. It is not necessary for the prosecution to prove that the omission was the sole or main cause, merely that it contributed signi? antly to the victims death (R v Cheshire 1991 3 All ER 670). The accused could argue that the doctors turning off the life support system constituted a novus actus interveniens, breaking the chain of causation but this argument was rejected by the House of Lords in R v Malcherek R v Steel 1981 2 All ER 422, where Lord Lane CJ stated that the fact that the victim has died, despite or because of medical treatment for the initial injury given by careful and practised medical practitioners, will not conduct the original assailant from responsibility for the death.It is therefore clear that the medical treatment, of itself, will not be held to have mixed-up the chain of causation in law. Wood and Mary could be charged with manslaugh ter on the basis of killing by gross negligence, which, unlike unlawful act manslaughter, can be based on an omission see R v Lowe 1973 1 All ER 805. The key authority regarding killing by gross negligence is the House of Lords ruling in R v Adomako 1994 3 All ER 79, where their Lordships held that an accused would be guilty of manslaughter if the following four conditions were satis? d (i) the accused owed a duty of care to the victim (ii) that duty was broken (iii) the conduct of the accused was grossly negligent (iv) that conduct caused the victims death. In some cases the existence of a duty of care will be self-evident, for example doctor and patient, parent and sister etc. Notwithstanding the decision in R v Instan, it should not be assumed that all familial relationships will give rise to a legal duty of care, and in any event this would not assist as regards Mary. Signi? antly, the Court of Appeal decision in R v Evans 2009 EWCA Crim 650, indicates that a duty of care will be recognized by the courts in what might be referred to as R v Miller situations i. e. , where the defendant has created a dangerous situation and is aware, or ought reasonably to be aware, that this is the case. Allowing Glorias physical condition to deteriorate and then not allowing her back into the house might provide the evidential basis for this. The trial judge in the present case should direct that they can conclude that a duty of care existed provided they ? d certain facts establishedand the trial judge should make clear to the jury what those key facts are. It is submitted that there is suf? cient evidence for the jury to conclude that a duty of care existed. The breach of the duty of care is evident in their not service Gloria and not attempting to obtain any alternative assistance for herthey did not even call the police to The elements of a crime actus reus and mens rea 25 advise them of the problem. The issue of whether this breach of the duty of care can be tell t o have caused the death of Gloria has already been considered above.The stay live issue, therefore, is that of gross negligence. Following the House of Lords decision in R v Adomako the jury will have to adjudicate whether or not the accuseds conduct (a) departed from the proper standard of care incumbent upon them (b) involved a risk of death to the victim (c) was so grossly negligent that it ought to be regarded as criminal. As later cases such as R v Mark and another 2004 All ER (D) 35 (Oct) indicate, actual foresight of risk of death by the accused is not required.The test for mens rea is objectivedoes the jury regard the act or omission leading to the breach of duty as being so culpable that it should be labelled as criminal? Evidence that the defendants knew they would cause harm by not acting is admissible to establish the required fault, but is not essential. Similarly, evidence that Mary and Wood had never thought about what might happen to Gloria could be admissible to sh ow that they should not be labelled as criminals, but such evidence would not preclude a ? nding by the jury that they had acted, or failed to act, in a manner that was grossly negligent. Question 5Critically analyse with reference to decided cases, the reasons why the development and application of the criminal law is often unpredictable and inconsistent. Commentary at times an exam will contain a question that requires candidates to take a wider view of the criminal law. This is such a question. Candidates cannot simply home in on a speci? c area and cover it in detail. Candidates must try to think of instances throughout the syllabus that can be used in your arguments to answer the question. Avoid the common mistake of see the question to read Choose one area of the criminal law where there are dif? ulties and write all about them This question has been included as it enables candidates to think more wide about the role of the criminal law within the legal system and inn as a whole. Providing a good answer requires the ability to take a broad view of the syllabussomething candidates who retool topics in isolation are not always able to do. 26 The elements of a crime actus reus and mens rea Answer plan perpetual changeR v R 1991 Lack of autographCaldwell 1981, Morgan 1975 Logic v policy Role of House of Lords horsefly 1995 Suggested answer The development of many areas of law follows a consistent and system of logical course.The fundamental foundations, their concepts and application are accepted by the vast majority, and only ? ne tune or adjustments of these principles are required to fill new situations. Unfortunately this cannot be said about criminal law, where the debate about fundamental conceptssuch as whether recklessness should be interpreted subjectively or objectively whether a mistake of fact relied upon by a defendant should have to be one that a reasonable person would have made whether custody should be a defence to a charge of murderis still ongoing. One of the problems is that the criminal law is subject to invariable change.It has to adapt to cover new phenomena, such as stalking, drug abuse, and internet faker and to re? ect societys changing social and moral standards. As the House of Lords stated in R v R 1991 4 All ER 481, abolishing the husbands married rape exemption, the common law is capable of evolving in the light of social, economic and ethnic developments. In that case the recognition that the military position of women had changed out of all recognition from the time (Hales Pleas of the Crown 1736) when the husbands marital rape exemption was initially recognized was long overdue. Similarly, the criminal law once re? cted the moral position that it was a crime to take ones own life. Failure in such an enterprise was prosecuted as seek suicide and could be punished. However, attitudes softened and it was recognized that such a person unavoidable help, not a criminal trial the law was consequently amended by the Suicide Act 1961. The 1960s saw similar changes in respect of the law relating to homosexuality and abortion. Changes in the law can also result from a reassign in ideology on the part of an elected government, or as a response to new threats to the safety and stableness of societyfor example legislation to chip terrorism.There is no doubt that the development and application of the criminal law would be more consistent and predictable if the courts exhibited a more uniform approach to its development. The problem is illustrated by two House of Lords decisions Metropolitan police Commissioner v Caldwell 1981 1 All ER 961, where an objective approach to recklessness was used, and DPP v Morgan 1975 2 All ER 347, where a subjective approach to mistake was applied. why was it that liability for recklessness was imposed on an objective basis, but where a defendant made a mistake of fact heThe elements of a crime actus reus and mens rea 27 was entitled (subj ect to any statutory provision to the contrary) to be judged on the facts as he honestly believed them to be? Commentators may argue that two different areas of the criminal law were being considered, criminal damage and rape (note that the law has since been changed as regards rape by the Sexual Offences Act 2003), but the inconsistency is still stark. At least in so far as recklessness is concerned, the House of Lords has now embraced the notion of subjectivity again in R v G 2003 4 All ER 765, but the very fact that the legal de? ition of such a basic concept can change so much in the space of 20 years is itself startling. The Law Commission has long argued that the solution lies in codifying the law (see Law Com. No. 143) on the basis that the criminal law could then exhibit a uniform approach to all crimes and defences. All other major European countries (France, Germany, and Spain) have a detailed criminal code, with a uniform approach providing a starting point for interpreti ng the law. The criminal law in England and Wales has developed in a piecemeal fashion, with one offences development present little consistency with anothers.So often it is dif? cult to say what our law actually is, even before lawyers start to debate how it should be applied, e. g. , R v fell R v Parmenter 1992 1 AC 699, interpreting (after over 130 years of use) the provisions of the Offences Against the Person Act 1861. A code could be expressed in clear language with de? nitions of fundamental concepts such as intention and recklessness, as suggested by the Law Commissions plan Criminal Code although, as the former chairman of the Law Commission Justice Henry Brooke stated (1995 Crim LR 911) Nobody in their right mind would want to put the existing criminal law into a codi? d form. Often the criminal law follows a logical approach in its application but as it does not exist in a vacuum and is not simply the application of academic principles, policy considerations sometimes have to prevail. As Lord Salmon stated in DPP v Majewski 1976 2 All ER 142, regarding the defence of intoxication, the answer is that in strict logic the view intoxication is no defence to crimes of basic intent cannot be justi? ed. But this is the view that has been adopted by the common law which is founded on common sense and experience rather than strict logic. Policy considerations are also behind s. (3) of the Criminal Attempts Act 1981, whereby in the offence of attempt, the facts are to be as the accused believes them to be. Thus an accused, objectively viewed, may appear not to be committing a criminal act but because they believe they are, they can be guilty of attempting to commit that criminal act, as in R v Shivpuri 1986 2 All ER 334. There is often no means of predicting which approach will prevail. In Jaggard v Dickinson 1980 3 All ER 716, the accused, who had been informed by her friend X that she could break into Xs house to shelter, while drunk mistakenly broke int o Vs house.She was charged with criminal damage under s. 1(1) of the Criminal Damage Act 1971, but argued that she had a lawful excuse under s. 5(2) of the Act as she honestly believed that she had the possessors consent. Although the prosecution contended that this was a crime of basic intent and therefore swallow was no defence (citing the 28 The elements of a crime actus reus and mens rea House of Lords decisions of Metropolitan Police Commissioner v Caldwell and DPP v Majewski in support), the Court of Appeal quashed her conviction, giving priority to the statutory provision of s. (2) of the 1971 Act. One important aspect of the criminal law process in recent years, which has caused uncertainty, is the role of the House of Lords in changing the criminal law. clear adjudicate are there to say what the law is, not what it should be but Lord Simon in DPP for Northern Ireland v kill 1975 1 All ER 913 said I am all for recognising that settle do make law. And I am all for judge exercising their responsibilities boldly at the proper time and placewhere matters of social policy are not involved which the collective wisdom of Parliament is better suited to resolve.Thus in R v R, the House of Lords changed the law of rape, by abolishing the husbands defence of marital rape immunity without time lag for Parliament to implement the Law Commissions recommendations. However, their Lordships took the opposite view in R v Clegg 1995 1 All ER 334, where they refused to follow the Law Commissions suggestion that a person who was entitled to use force in self-defence but who used unreasonable force, thereby killing the victim, would be guilty of manslaughter, not murder.Lord Lloyd stated I am not adverse to judges developing law, or indeed making new law, when they can see their way clearly, even where questions of social policy are involved. A good example is R v R. But in the present case I am in no doubt that your Lordships should abstain from law making. The dr op-off of what would otherwise be murder to manslaughter in a particular class of case seems to me essentially a matter for decision by the legislature. It is dif? cult to appreciate the essential difference in issues in these two cases, despite Lord Lowrys justi? cations in R v Clegg that R v R dealt with a speci? act and not with a general principle governing criminal liability. Clearly there is a difference in opinion amongst the Law Lords as to the correct application of these principles. This is well illustrated by the House of Lords decision in R v Gotts 1992 1 All ER 832. The majority decision not to allow durance as a defence to attempted murder was on the basis that bonds was no defence to murder. The minority view to the contrary revealed a different analysis. They argued that chains is a general defence throughout the criminal law with the exceptions of the offences of murder and treason.It is for Parliament, and not the courts, to limit the ambit of a defence and as a ttempted murder is a different offence to murder, duress must therefore be available. It is submitted that these are the main reasons why the development and application of the criminal law is often uncertain and unpredictable. There are other factors, such as whether an issue is a question of law for the judge or fact for the jury, e. g. , the meaning of administer (R v Gillard (1988) 87 Cr App R 189) the dif? culty in ascertaining the ratio decidendi of many cases, e. g. R v Brown 1993 2 All ER 75 (consent) and the possible effect of the decisions of the European Court of gentleman Rights. But it is the lack of a code and uniform principles which are the main factors causing the inherent uncertainty. The elements of a crime actus reus and me