Friday, November 8, 2019
A Southern Tradition â⬠Creative Writing Essay
A Southern Tradition ââ¬â Creative Writing Essay Free Online Research Papers A Southern Tradition Creative Writing Essay Itââ¬â¢s the third week in July. I stand at my mothersââ¬â¢ side with hair moist, clothes damp in this hot, humid Texas heat. Beer is in the hands of various grampas, uncles and friends all bragging about who bagged the biggest deer, stories of camping out during hunting season. I learn that camping while hunting is more for the campers than for the deer. It seems grampa doesnââ¬â¢t shoot many deer while rosy cheeked and intoxicated. But he sure can exaggerate stories of the one that was standing so close he could see the whites of its eyes. ââ¬Å"So, whyââ¬â¢d ya miss?â⬠my uncle Harry asks Grampa. With his eyebrow cocked up and that half smile he answers in a slow southern drawl: ââ¬Å"Well, just as I was taking my shot, your brother Ray stumbled out of the camp trailer yelling about the ice chest being open ââ¬â seems all the ice melted.â⬠Standing at my grampas elbow I am hot, humid and fanning myself with my hands. Heat is searing from the open-sided barbeque pit. Beer is sizzling as my grampa pours it over the meat; the spicy, sweet smelling steam rising to fill the air. That delicious, salivating aroma of beef and chicken quarters and beer marinade with lots of pepper crackling on the pit. The tangy smell wafting in the breeze, I can all but taste the outer edges of the fat frying in the flame. I look around and can see mouths watering in unison and anticipation. Sitting under ancient pecan trees rustling in the gentle wind, I watch a lonely leaf lazily drift down and rest at my feet. I hear everyone talking, laughing at once. Little kids running wild playing with the water hose. Adults yelling at the kids to play with the hose somewhere else. ââ¬Å"Youââ¬â¢re making mud!â⬠And then thereââ¬â¢s that one kid, that obnoxious kid that defies the authority of the adult. That kidââ¬â¢s crying in the corner, face hanging, crocodile tears in his eyes begging ââ¬â every two minutes or so: ââ¬Å"Can I come out now? Please! I promise Iââ¬â¢ll be good!â⬠His pleas are answered with a quiet and threatening ââ¬Å"Do you want some Peach Tree Tea?!â⬠Just hearing that phrase makes my bottom sore! I remember my Granny asking me that same question when I was acting up. I would answer with a foolish and unknowing ââ¬Å"Yeah!â⬠, and despondently drag my feet to the old peach tree to grudgingly pick a switch. Looks like this kidââ¬â¢s smarter than I was, heââ¬â¢s suddenly fascinated by the cobwebs in the top of the corner. Peaking in the kitchen, I see the women are readying various potato salads, macaroni salads, deviled eggs making iced tea. I catch my grampaââ¬â¢s wife, Sandy, pouring a little J.D. in her 44 oz mug of ice and coke. I hear them talking about the men, their love of their trucks, week-long hunting trips (you know the kind that donââ¬â¢t yield much in the way of deer), and cowboy hats. My Uncle Harry is sneaking around the kitchen trying to snatch a deviled egg. I announce to Sandy what heââ¬â¢s doing and, while she is distracted shooing him out, I steal a deviled egg or two for myself. Walking through the family room, MTV is blaring for the teenagers who are too full of angst and apathy to join in the festivities. Caring for nothing, my older cousins are bored. Sitting in their black clothes and greasy hair, I can nearly see the dirty grey/brown aura they give off. Thinking their indifference is cool, rolling their eyes and huffing their disdain for the cheerful goings on around them. They want to join, but I suspect that would ruin their image. Everywhere I look people are hugging. The oldest people are marveling at the youngest children, how theyââ¬â¢ve grown, how cute they are, and when the parents arenââ¬â¢t in earshot, what ââ¬Å"little bratsâ⬠they are. ââ¬Å"I wouldnââ¬â¢t let my child act that way in public.â⬠ââ¬Å"Someone needs to tell that child to go pick a switch!â⬠Momo and Popo are giving out kisses and hugs to anyone that ventures by. My Momo sits with perfect rigid posture for a woman of 86. Her hair in the same bob sheââ¬â¢s worn since the early nineteen thirties, one pinwheel curl in the front, her lips vibrant with Coty red lipstick. My poor Popo is being bossed around by Momo. He shuffles off to do her bidding with a sigh and a shake of his head. This is nothing new; itââ¬â¢s been this way as long as I can remember. In the back bedroom window rock music is blaring loud and distorted -something old ââ¬â Lynard Skynnard or AC/DC. My uncle Ray, already half toasted, is nodding his head to the beat. Wearing an old trucker hat, a faded red tank top you know the kind with the big arm holes, an old pair of Wrangler shorts the kind that rest an inch ABOVE the knee and high top sneakers. His eyes are in slits. He smiles his good ââ¬Ëol boy smile with his redneck version Fu Man Chu mustache. Suddenly, my grampa declares the food to be done. ââ¬Å"Soups on!â⬠he hollers. In a flurry of movement the oldest people line up to get their plates, the mothersââ¬â¢ fix plates for youngest children and everyone settles to eat. As suddenly as it begun, itââ¬â¢s over. A quite calm is in the air. I can hear my lips smacking, everyoneââ¬â¢s fingers being licked and the occasional grunting of approval. The music is turned down. The TV is off. Dusk is falling and with it all the excitement of the afternoon. Here we sit unified by family and food, hearts and stomachs full. Feeling content in mind, body, belly and soul. Looking around, I am overwhelmed by the generations that span nearly a hundred years. Iââ¬â¢m awestruck with way that good food and good company can bring a whole family together. I am proud to be here, to be where I belong. Where love is the feeling, summer is the time and the family reunion is the place. Research Papers on A Southern Tradition - Creative Writing EssayThe Spring and AutumnThe Hockey GameHarry Potter and the Deathly Hallows EssayMind TravelWhere Wild and West MeetThe Fifth Horseman19 Century Society: A Deeply Divided EraThe Effects of Illegal ImmigrationHip-Hop is ArtHonest Iagos Truth through Deception
Tuesday, November 5, 2019
11 Ways to Celebrate 4th of July with Your College Friends
11 Ways to Celebrate 4th of July with Your College Friends College friends are planning their 4th of July fun, festivities and classic American festivals with spirit this time of year! If youââ¬â¢re here, youââ¬â¢re digging for ideas. Well, in this post youââ¬â¢ll find 11 of the best. And listen, America needs your patriotism. No doubt. We all know that. Hell, the entire modern world knows that. America is going through an incredibly trying period right now after prolonged economic fallout and war fatigue. Please, make it a point to celebrate our nationââ¬â¢s history and rich heritage. You are, or you can be, we can beâ⬠¦Independent! Let freedom reign. 1. Hold a Legendary BBQ! Hot dogs, hamburgers, briskets and bratsâ⬠¦oh my! You can get outside (weather permitting of course), fire up the grill and gather around a few tables with friends. If possible, head out super-early and secure a spot in a park overlooking a fireworks display. Speaking of whichâ⬠¦ 2. Go and Watch a Mega Fireworks Display Listen, even if you guys have to pool some gas money and road trip it, maybe now is the time to see one of the biggest, boldest and loudest iconic American fireworks displays? Just Google it dude! Theres tons of them. Hereââ¬â¢s a few of the more notable: ââ¬Å"Americaââ¬â¢s Biggest Birthday Partyâ⬠by the Gateway Arch in St. Lois. The Addison, Texas, fireworks display. The event at Navy Pier in Chicago, Illinois The 4th of July Barge Battle display in New Orleans, Louisiana. The Lake Tahoe, California display. The display around Municipal Pier, San Francisco Bay, California. The Space Needle display, Seattle, Washington. 3. Itââ¬â¢s Patriotic Movie Time! If thereââ¬â¢s going to be a television of some sort around, or in the background, whatever, make sure to have the best patriotic movies rocking. In fact, no one said you canââ¬â¢t just do a dorm movie day, or with someone specialâ⬠¦like red white blue popcorn. Hereââ¬â¢s a taste of the most popular ones weââ¬â¢ve all seen: Forest Gump Independence Day The Patriot Born on the 4th of July Glory Mr. Smith Goes to Washington Saving Private Ryan Captain America: The First Avenger 4. Host an Epic Patriotic Picnic Letââ¬â¢s say all the BBQ pits and public grills within miles and all over campus are already taken. Thatââ¬â¢s fine. Grab a big blanket, put together a bunch of different treats and fingers foods and do a picnic. The idea is to get outside and get into the thick of it with other Americans. The 4th of July is about us. 5. Patriotic Road Trip Time! Why not head out on a historical road trip to all the most timeless patriotic American destinations. Honestly, itââ¬â¢s something every American should be required to do during their college days. Until Oculus virtual reality headsets become commonplace, youââ¬â¢re going to have to make a road trip out of it. Hereââ¬â¢s a sampling: Gettysburg National Military Park, Gettysburg, Pennsylvania The Liberty Bell Center in Philadelphia, Pennsylvania The Statue of Liberty Mount Rushmore National Memorial, Keystone, South Dakota Mount Vernon, Virginia The Patriotic Path, Boston, Massachusetts 6. Go Join the Nearest Parade Most cities, even the small ones, hold parades for the 4th of July. If your college town doesnââ¬â¢t have one going on, well, then travel to somewhere that does. These places typically have all kinds of stuff going on; big gatherings, BBQs, fireworks displays, live music, etc. 7. Host a Beach Bonfire Bonanza! No, weââ¬â¢re not talking a little pit-fire or campfire here. On both the east and west coast there are places where you can either host your own beach bonfire and set off fireworks or join in on one someone else is hosting. Sometimes itââ¬â¢s private property. Sometimes itââ¬â¢s hosted by local organizations or groups. Youââ¬â¢ll have to do a bit of digging online and make sure everything is by the book. 8. Throw a Study Session Oh lord. Yep, get your buddies together, drape yourselves in American flags and study (recite) patriotic writings like The Bill of Rights, The writings of Washington, Lincoln, Franklin, and Jefferson, The Declaration of Independence, The Gettysburg Address, ââ¬Å"Ragged Old Flagâ⬠by Johnny Cash or Patrick Henryââ¬â¢s Give me Liberty or Give Me Death speech. 9. Get Ridiculously Crafty Thereââ¬â¢s literally no end to what kinds of crafts you can make that are covered in red, white and blue. How many different ways can you craft an American flag? You can take something as simple as a regular wooden pallet and paint it to look just like one. 10. Did Someone Say Block Party? Yeah. Envision a historic college block party that doesnââ¬â¢t get out of hand, but stays peaceful, celebrative, and oozing with inspirational solidarity. 11. Go Nuts With Patriotic Food Bake a cake and get creative with the icing. Make some red, white and blue pretzels, cookies, fruit plates, parfaits, cupcakes, muffins, popsicles, kabobs, etc. There you have it all you patriotic souls, a slew of ideas for this yearââ¬â¢s 4th of July celebration with your college friends. Again, remember, America REALLY needs your patriotism and that American spirit of yours. Let us know how your 4th goes and be safe!
Sunday, November 3, 2019
Change Implementation Plan Essay Example | Topics and Well Written Essays - 1500 words
Change Implementation Plan - Essay Example Objectives- To study the proposal of the new shift being enforced by the management, To understand the concerns and interests of the stakeholders in implementing the new plan, Identify and negotiate potential constraints and concerns in implementation of the plan and To help build effective strategies for sustenance of the shift plan while communicating regularly to the management, of the negotiation process and results. Goals, concerns and interests Goals- each of the three parties representing staff who view the change positively, staff who view the change negatively and the manager who represents the management of the unit need to agree positively on the outcomes and usefulness of the new shift plan as teamwork is seen to increase quality of care provided by nurses resulting in improved patient satisfaction (Kalisch et al, 2007). Concerns- the report of the trial implementation reveal that the decision to implement the new shifts is completely the managementââ¬â¢s decision with no staff involvement or contribution to the plan. Also, the trade union has not been consulted on the usefulness and implementation of the plan. There are two affinities within the staff, those who view the change positively and those who view the change negatively. ... There is a need to evaluate the negotiation process from the viewpoint of these representatives too. Choice of conflict management style (dominating, obliging, avoiding, compromising, and integrating) is also important as it varies from individual to individual (Mary, 2012). Interests- while the management may be committed to cost cutting and improving efficiency in implementing the new plan, a section of the employees and may be their representatives too may be concerned that the decision making did not involve all stakeholders of the unit. As Barrett (2012) has stressed on a values-driven corporate culture for organizations to be successful and this applies to the medical unit as values that the management holds for the unit need to be communicated to the employees while it attempts to increasingly adapt its interests and values in accordance to the interests of all the stakeholders of the unit. Potential constraints Posner (2012) notes that information flows in an organization whe n individual employees are empowered as the authority and power of individuals collectively can foster a better environment where facts, truth, insights, knowledge and possibilities evolve. This is the corporate culture that Barrett (2012) discusses while referring to vision-guided employee fulfillment. As the unit in the present situations seemly lacks a focus on building a quality environment taking into consideration the contribution of individual employees to the unitââ¬â¢s vision, there is a possibility that the implementation of the plan may affect the staff morale in turn affecting the performance in due course. Strategies for negotiation and rationale An integrating approach to conflict management by the
Friday, November 1, 2019
Teamwork Skills and Critical Appraisal of Presentation Essay
Teamwork Skills and Critical Appraisal of Presentation - Essay Example We were amazed at the idea of this educational charity project, which transformed a clay mine into a garden where students and non-students alike can learn more about the environment. The gardens for instance, consisted of various plants that are found in various parts of the world, and are usually grown in different climates, but could still survive under Englandââ¬â¢s climate conditions. At the same time, the people behind the project also made sure that the experience was enjoyable, by incorporating culture, music and theatre arts in their education programme. Indeed, the Eden project is in itself, an excellent mix of science, technology, the arts, culture, horticulture and architecture. We found it particularly inspiring how the project also aims to reach out to various members of society- such as prisoners from the prisons in the South Western part of the country, wherein these prisoners are taught skills such as planting fruits and vegetables, marketing, sales, distribution and even construction and maintenance, so they can continue to develop and improve their abilities, and create employment opportunities for themselves in the future. The following pages of this report shall discuss what my team did during the whole trip, and the skills that we found to be useful in accomplishing our tasks. The Belbin Teamwork Framework Belbin (1983) established his teamwork framework in 1981, and since then, his framework is one of the most popular when it comes to developing and assessing team development. When it comes to achieving optimum performance for any organisation, Belbin believes that one of the first things to consider would be the composition of the team itself. In other words, it is crucial to take into account the roles that different members of the team play, and how each member interacts with the other members of the team. In an organisation, or a team, Belbin believes that there should be individuals who take on one of nine roles, or at least some of his nine roles. These nine roles are: 1) the shaper, 2) the implementer, 3) the completer-finisher, 4) the coordinator, 5) the team worker, 6) the resource investigator, 7) the plant, 8) the monitor-evaluator and 9) the specialist. All these roles are also supported by corresponding individual characteristics. For instance, the ââ¬Ëshaperââ¬â¢ is one who is focused on the task, is highly motivated and is determined to achieve goals. His role is ââ¬Ëshapingââ¬â¢ the other members of the team to fulfil this purpose. The ââ¬Ëcoordinator,ââ¬â¢ on the other hand, is more interactive with the other members of the team. He/she is the one most likely to trust that the other members of the team can and will carry out their respective tasks. For the most part, coordinators are optimists, who are tolerant of the mistakes of others. At the same time, he/she may also be strict with rules. The ââ¬Ëresource investigatorââ¬â¢ is the one who is constantly on the lookout fo r information and thus may never be able to be found in one place. He/she may have the characteristics of a negotiator, and he/she is the one who actively takes on the task of exploring opportunities and meeting new people. The resource investigator is also likely to be the curious one of the team- always asking questions from others and adopting and modifying other ideas picked up from other individuals. The ââ¬Ëimplementerââ¬â¢ on the other hand, is characterised as a practical individual, who trusts easily and is respectful of traditions. They are more realistic and may also be conservative. They may not take too well to changes within the organisation. The ââ¬Ë
Wednesday, October 30, 2019
Policy Choices Essay Example | Topics and Well Written Essays - 3000 words
Policy Choices - Essay Example Coming to an individual, what are the factors that influence actions of self interest Basically, individuals are goal oriented, and as such, they depend on their skills and resource to achieve their goals. Also, in order to achieve his goals, an individual may look for information, evaluate alternatives, and choose the ideal option. In the absence of these, there is manipulation due to lack of information and ignorance. There are also other factors involved in the process of decision making. "The rational ideal not only overstates the purity of information, it also exaggerates the rationality of the people using information. That humans do not make decisions in purely rational fashion is a point that needs no belaboring." [1] This is what Charles Lindblom has called "the preceptoral system," whereby "a system of social control is exercised by a highly unilateral governmental persuasion addressed not to an elite or to a bureaucracy alone but to an entire population" [2] "While the individual in the rational ideal is autonomous, free to deliberate and choose on the basis of accurate information, in the preceptoral system the individual is a puppet whose mind has been invaded by others and who acts as though he or she chooses voluntarily but is in fact directed from without." [3] The practice of restriction or suppression of information is not only confined to totalitarian regimes, it is also practiced in the highly scientific corridors of medical research, mega business houses, the media, law agencies, political parties, and at the highest levels of the proponents of free society. [4] Nonetheless, public-interest is the result of experience and proper understanding of what the problem is and how the solution could be achieved with minimum confusion and confrontation. It involves public debate and perception, and allows for discussion and information based solutions, instead of leaving it to the discretion of a single individual. "The rational ideal, in sum, offers a vision of society where conflict is temporary and unnecessary, where force is replaced by discussion, and where individual actions are 1Policy Paradox, p314. 2Policy Paradox, Chapter 13, page 316. 3Policy Paradox, p308. 4Why Public Ideas Matter Chapter 2, page 31 brought into harmony through the persuasive power of logic and evidence. Government by persuasion brings out the highest human quality - the capacity to deliberate." [5] However, the decision making process often tend to be long and tedious on issues related to public interest. That is why sometimes it is felt that that there is the need for some element of totalitarianism in government. That is to say, it is not always necessary for government to be of the totalitarian type in order to use persuasion. "Let us for the moment, however, not make totalitarian government a necessary condition for indoctrination and so not limit indoctrination to totalitarian regimes by definition. Instead, let us regard it as a relationship in which dominant elites control people's beliefs and
Monday, October 28, 2019
The History of English Legal System Essay Example for Free
The History of English Legal System Essay I would like, therefore to discuss about the History of The Juries System, the roles and the composition of Juries System on how it was brought to the ENGLISH LEGAL SYSTEM. Firstly the modern jury derives out of the ancient custom of many ancient Germanic tribes whereby a group of men of good character was used to investigate crimes and/or judge the accused. The same custom evolved into the Vehmic Court system in medieval Germany. In Anglo-Saxon England, juries investigated crimes. After the Norman Conquest in 1066, some parts of the country preserved juries as the means of investigating crimes. The use of ordinary members of the community to consider crimes was unusual in ancient cultures, but was nonetheless also found in ancient Greece. The modern jury trial evolved out of this custom in the mid 12th century during the reign of Henry II. Juries, usually 6 or 12 men, were an ancient institution in some parts of England. (Henry II 286) Members consisted of representatives of the basic units of local governmentââ¬âhundreds (an administrative sub-division of the shire, embracing several vills) and villages. Called juries of presentment, these men testified under oath to crimes committed in their neighborhood and indicted. The Assize of Clarendon in 1166 caused these juries to be adopted systematically throughout the country. The jury in this period was self-informing, meaning it heard very little evidence or testimony in court. Instead, jurors were recruited from the locality of the dispute and were expected to know the facts before coming to court. The source of juror knowledge could include first-hand knowledge, investigation, and less reliable sources such as rumor and hearsay. Between 1166 and 1179 new procedures including a division of functions between the sheriff, the jury of local men, and the royal justices ushered in the era of the English Common Law. Sheriffs prepared cases for trial and found jurors with relevant knowledge and testimony. Jurors found a verdict by witnessing as to fact, even assessing and apply information from their own and community memory ââ¬â little was written at this time and what was: deeds, writs, were subject to fraud. Royal justices supervised trials, answered questions as to law and announced the courts decision which was subject to appeal. Sheriffs executed the decision. These procedures enabled Henry II to delegate authority without endowing his subordinates with too much power. (Henry II 293) In 1215 the Roman Catholic Church removed its sanction from all forms of ordeal ââ¬â procedures by which suspects were tested as to guilt (e. g. , the ordeal of hot metal was applied to a suspected thief by pouring molten metal into his hand, if the wound healed rapidly and well, it was believed God found the suspect innocent, if not then guilty). With the ordeals banned, establishing guilt would have been problematic, had England not had forty years of judicial experience. Justices were accustomed to asking jurors of presentment about points of fact in assessing indictments; it was a short step to ask jurors if the accused was guilty as charged. (Henry II 358) An early reference to a jury type group in England is in a decree issued by Aethelred at Wantage (997), which enacted that in every Hundred the twelve leading thegns together with the reeve shall go out and swear on the relics which are given into their hands, that they will not accuse any innocent man nor shield a guilty one. The resulting Wantage Code formally recognized legal customs that were part of the Danelaw . The testimonial concept can also be traced to Normandy before 1066, when a jury of nobles was established to decide land disputes. In this manner, the Duke, being the largest land owner, could not act as a judge in his own case. [ One of the earliest antecedents of modern jury systems are juries in Ancient Greece, including the city-state of Athens, where records of jury courts date back to 500 BCE. These voted by secret ballot and were eventually granted the power to annul ââ¬Å"Unconstitutional Lawâ⬠, thus introducing judicial review. In modern systems, law is self-contained and distinct from other coercive forces, and perceived as separate from the political life of the community, but all these barriers are absent in the context of classical Athens. In practice and in conception the law and its administration are in some important respects indistinguishable from the life of the community in general. In 1730, the British Parliament passed the Bill for Better Regulation of Juries. The Act stipulated that the list of all those liable for jury service was to be posted in each parish and that jury panels would be selected by lot, also known as sortition, from these lists. Its aim was to prevent middle-class citizens from evading their responsibilities by financially putting into question the neutrality of the under-sheriff, the official entrusted with impaneling juries. Prior to the Act, the main means of ensuring impartiality was by allowing legal challenges to the sheriffââ¬â¢s choices. The new provisions did not specifically aim at establishing impartiality, but had the effect of reinforcing the authority of the jury by guaranteeing impartiality at the point of selection. The example of early 18th century England legal reform shows how civic lotteries can be used to organize the duties and responsibilities of the citizen body in relation to the state. It established the impartiality and neutrality of juries as well as reiterating the dual nature of the citizen-state relationship 1 CRIMINAL TRIALS -juries hears 1% of criminal cases -tried by 12 jurors and a judge in Crown Court -Juries are Sole Arbiters of Fact (Bushellââ¬â¢sââ¬â¢ case, which will explained below) -Juries decides whether the defendant should be found guilty or not guilty CIVIL TRIALS -Juries in civil case has declined less than 1% -tried by 8 jury in (County Court) and 12 Jury in (High Court) juries were restricted to 4 areas; defamation, malicious prosecution, fraud and false imprisonment -Juries decide the defendant liability and the amount of damages to be awarded A Basic Summarisation of the Different Trial and their role held by the Jury Nevertheless, the independence of the jury has given recognition from the case of Bushellââ¬â¢s Case (1670), this case established that the jury were the, ââ¬Å"sole judges of fact, with the right to give a verdict according to their conscience, and could not be penalized for taking a view of the facts opposed to that of the judgeâ⬠. This case was a benefit to the legal system, as previously judges would try to intimidate or even bully juries into convicting a defendant, particularly where the crime had political implications. Therefore the importance of the jury system is that it could acquit a defendant, even when the law demanded a guilty verdict and it showed defendants that the trial by jury was not only a protection against injustice but also a loophole whereby real criminals could escape from ââ¬Å"2. Besides that this rule remains today with a more modern examples stating that judges must respect the independence of the jury as in R v McKenna(1960) this caseâ⬠the judge had threatened the jury, who had been deliberating for about two and quarter hours, that if they did not return a verdict of guilty within another ten minutes they would be locked up all nightâ⬠, hence Justice Cassels stated it is a cardinal principle of our criminal law that in considering their verdict, concerning as it does, the liberty of the subject, a jury shall deliberate in complete freedom, uninfluenced by any promised, unintimidated by any threat, because they still stand between the Crown and the subject, and they are still one of the main defences of personal libertyâ⬠3. The Jury System is considered as a need because it is a significance part of the English legal system, although only a minority of the cases is tried by the jury in these days. In a sense it plays an important role in ensuring that the criminal justice system works for the assistance of the public rather than for the benefit of disproportionate leaders. It promotes not only a fair criminal justice system but also a healthy society, where political leaders cannot misuse criminal justice system to silence their opponents, hence according to LORD DEVLIN which he has wrote on 1956 ââ¬Å"trial by Jury is more than an Instrument of Justice and more than a wheel of the Constitution; it is the lamp that shows that freedom livesâ⬠4. Moreover, as many scholars and practitioners have commented over the centuries, the common law jury that develops in Britain was branched in other parts of the world as a UNIQUE INSTITUTION. Therefore Juries are, it brings all together a small group of lay people whom are assembled on a temporary basis for the purpose of deciding whether an accused person is guilty of CRIMINAL act or which of two sides should prevail in a CIVIL dispute. Hence, the jurors are untutored in the formal discipline of law and its logic, besides that they hear and see confusing and challenging evidence and they were provided with instructions, most of the time only in a oral form, about easily understood legal concepts and sent into a room alone to decide a verdict without further help from the professional persons who developed the evidence. 5 Therefore the Juries service is a public duty that citizens should readily undertake, in practice, it is made compulsory, and failure to act/perform oneââ¬â¢s civic responsibility is subject to the sanction of a ? ,1000 fine. Now, we may examine the eligibility and the selection process of the Juries, since it has also certain requirements need to be fulfilled. The basic requirements for a Jury Service are that a person must be aged between ââ¬Å"18-70â⬠and must have been a resident in the United Kingdom for atleast 5years. Therefore jurors are selected at random from the electoral register, which is the responsibility of a Central jury Summoning Bureau (CJSB) and the name are generated by the computer, for those who are not registered to vote and the homeless will not be selected. After the selection process, more than 12 people will be called by the Summoning Officers to be ââ¬Å"officiallyâ⬠selected as the ââ¬Ëpanelââ¬â¢ of the case, but according to some certain circumstances those people are excused or disqualified for the certain reasonsâ⬠¦. On the part of the excusals, those whom prior to the Criminal Justice Act 2003, such would be ââ¬Å"The Juries Act 1974â⬠stated those whom are eligible for excusals are those being part of a profession such as legal professionals, Member of Parliament and Doctors, but as result of Para 3 of Schedule 33 to the Criminal Act 2003,has removed the members of the judiciary and lawyers from the classes of those ineligible to eligible to serve as a Juries which can be seen in the case of R v Abdroikof (2007) and R v Williamson (2007), besides that, the AULD REVIEW recommended that everyone should be eligible except for those who are mentally disordered, those who have criminal conviction for more than 5 years. Evaluating whether the Jury System is an Outmoded Method of Determining Judgments and whether It should be removed or reformed To answer the following question that rose above, we should weight up the ââ¬Å"arguments for and againstâ⬠the Jury System in the English Legal S ystem. Firstly, there are several arguments for the Jury system in England that I would like to raiseâ⬠¦. According to (Spooner,1852) ââ¬Å"The central plank of trials within a jury based system is this: No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgement of his peers, and or by the law of the land . 6 For an illustration, the Jury System reflects a democratisation of justice compared to a purely judicial system, it is merely necessary to consider the Socratic judgments of antiquity, or the very wide latitude given to Japanese judges today. The freedom of action and interpretation that is held by one individual in these cases has two primary problems. Firstly, justice is hugely dependent on the competence and impartiality of one person, with a single point of failure for corruption to be introduced. Secondly, judges have been of high social status throughout history, and thus can be criticised as having a possible lack of intuition and empathy with poorer defendants. This illustration is a practical example for the need of the Jury system. In addition, the jury is likely to have a greater experience of contemporary cultural trends and pressures then a judge who has spent 30-40 years in intense study of the law, and a correspondingly greater understanding and empathy with the actions of the parties involved in the case. A jury also often has far less of a stake in political issuesâ⬠¦. Moreover the United Kingdom does have a somewhat unhappy history relating to judge-only proceedings, through the actions of the Northern Ireland Diplock courts. The Diplock courts were set up in 1972, with the brief of effectively intervening against terrorism. This very assumption could be seen to reflect the view that a purely judge based system was more likely to convict in these cases, and thus reflects the importance of jury trial in other cases. The Diplock courts, as might have been expected, then proceeded to be involved in several extremely contentious convictions, notably that of Christy Walsh. In this case, several sections of the trial were criticised for unfairness during the trial itself, with the defence faced by a judge apparently uninterested in this (British Irish Rights Watch, 2006)7. Therefore the Jury system could be fresh defence of injustice. According to Peter Jefferson, ââ¬Å"We all know that permanent judges acquire an esprit de corps; that, being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better hope of right than cross and pile does. â⬠8, this can be easily illustrated by the role of Lord Chancellor is the head of the judiciary and has a major role in the selection of judges, however he is also a member of the cabinet and the position is a political appointment decided on by the Prime Minister and the position has been strongly criticised as being involved in too many different functions of the State, besides that It has also been suggested that the Lord Chancellors selections of judges and also his special adviser could be biased because Lord Chancellor selected his special adviser from a small group he already knew, comprised mostly of white males.
Saturday, October 26, 2019
Colonialism and Post Colonial Ethnic Conflict in East African Countries
From the end of the nineteenth century until the attainment of independence in the early 1960s, the countries of East Africa were under the colonial administration of European empires. After decades of foreign rule which saw unparalleled transformations within society, the post-colonial states that emerged have been blighted by ethnic conflict. It has been argued that the beliefs of British, Belgian and German administrators led them to completely reorganise the societies they governed based on a fictitious ââ¬Ëtribalââ¬â¢ model, and in the process they invented ethnicity. There is a great deal of debate on this matter, though, and its continued relevance to contemporary politics only makes it more vigorous. Before we go on to analyse to what extent it may have been invented under colonial rule, we need to first of all establish just what exactly is meant by the term ââ¬Ëethnicityââ¬â¢. It is a complicated as well as a contentious question, interpreted in a variety of different ways that can depend on political beliefs, social status, place of birth and personal history. Clearly, if we are to talk about ââ¬Ëethnicityââ¬â¢ without descending into an exhausting debate on linguistics and semantics, it is necessary to take for granted a certain degree of generalisation. We can say that all human beings, broadly, do belong objectively to some form of ââ¬Ëethnicityââ¬â¢; that is, a social group whose members they are linked with through a shared culture, religion, territory, language, or genealogy. What varies greatly is the awareness of this connection, and the importance an individual places upon it. The term ââ¬Ëtribeââ¬â¢ would further complicate the debate, and serve no other purpose than to draw discussion away from the process of invention; the main focus of... ...nd every aspect of life from marriage to choice of profession was influenced by the ethnic group you belonged to. Transience, multiplicity, and change were the key words, though. One can say that what the colonial governments actually invented, and what has often left such a painfully devastating legacy, was not ethnicity itself, but the codification of ethnic groups in national laws, the exclusivity of groupings, and the bringing to the fore of a personââ¬â¢s ââ¬Ëtribeââ¬â¢ at the expense of all other means of identification. You no longer merely took comfort from being part of a Tutsi community, you were a Tutsi from the day you were born until the day you died, and the course of your life would be decided for you based on this label. Rather than inventing it, colonialism destroyed ethnicityââ¬â¢s one defining characteristic in the East African context: its ability to transform.
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