LAW OF EVIDENCE examine critically the rules regarding sexual history Essay

LAW OF EVIDENCE examine critically the rules regarding sexual history of the complainant in relation to prosecutions for sexual offence in the light of the cou - Essay Example Although this new definition did improve the old version in that it included marital rape , male rape & anal intercourse previously classified as buggery, it still does not include forced oral sex and penetration by objects which may be no less traumatic than â€Å"connentional rape†. Furthermore, this defintion shows that a woman cannot be guilty of rape. The Scottish Executive (2000) explored this issue in its discussion of the law on sexual history evidence. The report’s authors noted the following commonplace beliefs that are often deployed in legal reasoning and indeed were evident in debates on section 41. (1) ï€  Someone who has had sex with persons A and B is more likely to have sex with person C. (2) ï€  Someone who is ‘sexually promiscuous’ has less right than someone who is not to choose who they have sex with. (3) ï€  Someone who is ‘sexually promiscuous’ is generally less trustworthy, and therefore less likely to be telling the truth. (4) ï€  Women had a tendency to ‘lead men on’ and are therefore to blame if men fail to resist their physical impulses. This is an adaptation of a table that appears in Kelly (2002). (5) ï€  When women say ‘no’ they do not always mean it. (6) ï€  False allegations of rape and sexual assault are more common than fals e allegations of other crimes. The Scottish Executive report concluded that all these statements not only have no foundation in fact, they are also â€Å"both illogical and at odds with any system of morality which places a value on the individual’s right to self-determination† (Scottish Executive, 2000, p.6). It considered that the frequency with which these ideas are â€Å"constantly reiterated† amounts to a form of prejudice that can result in the complainant being treated with a lack of respect and in the worst cases being publicly humiliated. Alongside, and

Training and Developing Paper Research Proposal Example | Topics and Well Written Essays - 500 words

Training and Developing Paper - Research Proposal Example s training courses; although training courses are important, your training and education will be designed to also encompass in-house mentoring, work-based learning, reflective practice and shadowing. The healthcare industry is constantly evolving as new advances in medicine are discovered. As such, employees should constantly make good use of training and education so as to adequately prepare themselves for these changes (McConnell & Fallon, 2013). The threat of legal action leveled against professionals in the healthcare industry is increasing. It is important for you as newly recruited employees to continually undergo training that will keep you updated on any new legal developments that might be directly affecting you as professionals. Competencies are basically the eventual outcomes of the training and education process. It is important to measure your competences as individual employees in the organization as these measures will be a crucial indicator of your ability to perform definite tasks in a fashion that will eventually yield desirable outcomes. As new employees, it is important for you to understand that having high levels of competency basically implies that you are successfully able to apply skills, knowledge and abilities to new situations. It is important for organizations to assess organizational and individual competencies performance so as to assess the efficiency of the services that we are able to provide to patients. Healthcare organizations are singularly responsible for the overall quality of care they provide, as such, the assessment of competencies helps the organization in the determination of whether there is any need to design and implement new training programs aimed at improving the organization’s performance (Kelly & Vottero, 2014). Reaction: During this stage, participants hand in feedback questionnaires, they are also encouraged to provide any informal feedback that they believe is of importance. This information is

Others Assignment Example | Topics and Well Written Essays - 500 words - 1

Others - Assignment Example From the evidence given in the case scenario, Jill had taken all the necessary means to ensure that everyone in the neighborhood was safe. This means that he had fulfilled his obligations of duty of care. It is evident that he had anticipated the threat posed by the animals, and therefore taken proactive measures. It is also clear that he was not responsible for the release of the animals in the neighborhood. A third party (protesters) went at night, and released all the animals, hence leading to the loss incurred by the neighbor. It was a surprise attack, meaning that he did not have much time to alert the authority. If he had also been given a permit to keep the animals within the neighborhood, then he should win the case. On the contrary, if the relevant authority had not been consulted, then he has a case to answer for putting the lives of citizens in danger. As it stands, though, he will win the case against his accuser. In the case of Frank and Shah, both individuals can be awarded remedies by the court as compensation for wrongs done. Shah will be found guilty of battery, owing to the fact that he made a physical contact with Frank. This is demonstrated by the broken nose and significant bruises. Shah failed to control his emotions, and instead chose to attack an unarmed individual, who also did not cause any threat to his life. He cannot argue that he was trying to defend himself from any attack. On the contrary, it was Frank who tried to protect himself. Even if he got very angry after being accused of shoplifting, he used excessive force, going to the point of causing physical injuries. Further, he should have reported the matter to the relevant authority, instead of taking attacking the accuser. For these reasons, it is possible that he will be found guilty of battery, and will be required to pay for damages. On the other hand, Frank has also a

Personal Masters Learning and Development Portfolio Essay

Personal Masters Learning and Development Portfolio - Essay Example Moreover, there is also a reflection on the prerequisites of achieving my goals in Mastership, in terms of both attitudes and skills. Another section presents a response to the tutor’s assessment or feedback, including what I would do differently and key improvement areas. A final section is a reflective statement about what I have learned from my attendance at Cornwall residential and how it contributed to my development. Strategic Rationale, Masters Objectivity and Self Analysis The question as to whether or not one must pursue a Master’s Degree is an issue that almost every graduate face. At times, even one who has experienced working in a certain company begins to question himself with respect to whether or not he or she must pursue a Master’s Degree. I have decided to pursue Masters Degree after my work experience in the Middle East Specialized Cables Company for six years. A number of processes were involved with respect to my decision. First, I went throug h a decision making process in order to ascertain my need for a master’s degree. I also consulted my family, most especially my wife with respect to my decision to pursue post-graduate studies. ... Simply put, I believed that pursuing a maser’s degree will open a new horizon for me. I expect it to change my limited thoughts toward open end of ideas. I would like to learn more and gain professional skills to be able to progress along my chosen career path. I would also like to obtain a work in a leading position so that I can make a good contribution in the area of business management, especially once I return to my home country, the Kingdom of Saudi Arabia. Before deciding to pursue my master’s degree, I came across a number of articles on the World Wide Web which emphasized the need for a master’s degree. Pheifer’s (2009) article entitled â€Å"Why Pursue a Masters Degree† mentioned that interest in pursuing a master’s degree is relatively increasing. This is because the acquisition thereof enables people to achieve something more which would likewise result to the accomplishment of their goals. Of course, a number of sacrifices come a long with the decision to pursue a Master’s degree – such as experiencing a major impact in one’s family ties, work and social life. Nevertheless, Pheifer (2009) elaborates that enrolling in a graduate school has a lot of merits. Aside from Pheifer’s (2009) article, I also came across ones which have been written by Faranda (n.d.) and Allison (2002). All these articles have shown me three important advantages that one may receive from pursuing a master’s degree. In sum, these advantages are as follows: (1) knowledge and perspective, (2) options and advancement and (3) societal development. In relation to knowledge and perspective, the authors previously mentioned pointed out that pursuing an advanced degree expands

Case study Example | Topics and Well Written Essays - 1000 words - 3

Case Study Example Hertz offer fantastic customer experience in providing best cars and comfort as par as the car hire is concern. The combination of great brand value and the potential financial efficiencies made the Hertz one of the most profitable business leaders in the business. Hertz business was matured and profitable enough to be acquired. The initiative from the CD& R financial partners David Wasserman, Micheal Baiarz and Nathan Sleeper on a capital structure which would have lowered the Hertz capital cost was really beneficial for CD&R. The Hertz was a potential investment opportunity as Hertz business was mature and competitive in all the countries where they had their business fleets. The CD&R’s Consortium is well-known as CCM which includes the Carlyle Group and Merrill Lynch Global Private equity; both of them are the most dominating companies in the business scenario. On August 30th the CCM submitted its final bid of five point four billion dollars including a request that Ford make a certain tax election which would step up the tax basis of Hertz asset. However, there were some several companies who had submitted the final bid on the same date and among them one is the private equity consortium, composed of Bain Capital, The Blackstone Group, Thomas H. Lee Partners and Texas pacific

Behavioural Finance Essay Example for Free

Behavioural Finance Essay Hypothesis and the extent to which they can be explained by behavioural finance theories Finance that is based on rational and logical theories, such as the  capital asset pricing model  (CAPM) and the efficient market hypothesis (EMH). These theories assume that people, for the most part, behave rationally and predictably. The Efficient market hypothesis assumes that financial markets incorporate all public information and assets that share prices reflect all relevant to the firm information (Fama, 1970). Relevant information includes past information, publicly available information and private information. Efficient market is divided into three categories. Weak form efficiency is when stock prices reflect only the past information, semi-strong form is when past information and all publicly available information is reflected and strong form is when all the past, publicly available and information only available to company insiders is reflected on the stock prices. However, there are some anomalies and behaviors that couldnt be explained by EMH. Market participants often behaved very unpredictably. However there is a new study called behavioral finance that is trying to explain all these anomalies. Behavioral finance studies the irrational behavior of the investors. Weber (1999) makes the following observation: ‘Behavioral Finance closely combines individual behavior and market phenomena and uses the knowledge taken from both the psychological field and financial theory’. Behavioral finance attempts to identify the behavioral biases commonly exhibited by investors and also provides strategies to overcome them. Some of the main problems with EMH may be cause by heuristic responses to new information, psychological anchors, overconfidence, social fads, framing and regret avoidance and herd behavior. Overconfidence: According to Nevins (2004), overconfidence suggests that investors overestimate their ability to predict market events, and because of their overconfidence they often take risks without receiving commensurate returns. Odean (1998) finds that investors tend to overestimate their ability, unrealistically optimistic about future events, too positive on self-evaluations, over-weight attention getting information that is consistent with their existing beliefs, and over-estimate the precision of their own private information. Overconfidence about private signals causes overreaction and hence phenomena like the book/market effect and long-run reversals whereas self-attribution maintains overconfidence and allows prices to continue to overreact, creating momentum. In the longer-run there is reversal as prices revert to fundamentals. Psychological Anchors, Overreaction: Good news should raise a business share price accordingly, and that gain in share price should not decline if no new information has been released since. Reality, however, tends to contradict this theory. Oftentimes, participants in the stock market predictably overreact to new information, creating a larger-than-appropriate effect on a securitys price. Furthermore, it also appears that this price surge is not a permanent trend although the price change is usually sudden and sizable, the surge erodes over time. Heuristic responses to new information: Availability heuristic is used to evaluate the frequency or likelihood of an event on the basis of how quickly instances or associations come to mind. When examples or associations are easily brought to mind, this fact leads to an overestimation of the frequency or likelihood of this event. Example: People are overestimating the divorce rate if they can quickly find examples of divorced friends. People tend to be biased by information that is easier to recall. They are swayed by information that is vivid, well-publicized, or recent. People also tend to be biased by examples that they can easily retrieve. ( Tversky and Kahneman, 1974) Confirmation bias  is a cognitive bias whereby one tends to notice and look for information that confirms ones existing beliefs, whilst ignoring anything that contradicts those beliefs. It is a type of selective thinking. The reason for overconfidence may also have to do with hindsight bias, a tendency to think that one would have known actual events were coming before they happened, had one been present then or had reason to pay attention. Hindsight bias encourages a view of the world as more predictable than it really is (Shiller, 2000). This is the characteristic of investors, when looking back, seeing events that took place in the past as having been more predictable than they seemed before they happened. Likewise, things that didn’t happen seem, with hindsight, much less likely to have happened than they did beforehand. Self-attribution bias occurs when people attribute successful outcomes to their own skill but blame unsuccessful outcomes on bad luck (Shefrin, 1999). Availability bias is the availability deviation is a general rule or a mental shortcut which lets people guess the probability of a result and to what percent it may appear in their daily life. Those who commit such a deviation consider the easily recalled events more probable than those they can hardly imagine or perceive. Availability bias declares the persons tendency toward deciding and judging based on available and easily accessible data (Tversky and Kahneman, 1982). Herd behavior which is the tendency for individuals to mimic the actions (rational or irrational) of a larger group. Blackmore (1991) states ‘Within an hour of birth , humans engage in imitation’. There are a couple of reasons why herd behavior happens. Its unlikely that a large group could be wrong. After all, even if you are convinced that a particular idea or course or action is irrational or incorrect, you might still follow the herd, believing they know something that you dont. Recency bias is the tendency for people to place greater importance on more recent data or experience. This is the problem of putting too much weight on current events or data and not enough weight on past, historic trends. Many investors expect the market to continue rising in a current bull market; likewise, these same investors often expect a current bear market to get worse. Recency is shown in momentum investing when investors buy â€Å"hot† stocks simply on the basis of their recent strong performance. Kahneman and Tversky (1973) find that people usually forecast future uncertain events by focusing on recent history and pay less attention to the possibility that such short history could be generated by chance. It is believed the net effect of the gains and losses involved with each choice are combined to present an overall evaluation of whether a choice is desirable. However, research has found that we dont actually process information in such a rational way. In 1979, Kahneman and Tversky presented an idea called  prospect theory, which contends that people value gains and losses differently, and, as such, will base decisions on perceived gains rather than perceived losses. Thus, if a person were given two equal choices, one expressed in terms of possible gains and the other in possible losses, people would choose the former even when they achieve the same economic end result. Regret avoidance is the tendency to avoid actions that could create discomfort over prior decisions, even though those actions may be in the individual’s best interest. Researchers have argued that one of the reasons that investors are reluctant to sell losing positions is because to do so is to admit a bad decision. This reluctance can be linked to both regret avoidance and belief perseverance. To avoid the stress associated with admitting a mistake, the investor holds onto the losing position and hopes for a recovery. According to prospect theory, losses have more emotional impact than an equivalent amount of gains. Prospect theory also explains the occurrence of the disposition effect, which is the tendency for investors to hold on to losing stocks for too long and sell winning stocks too soon. The most logical course of action would be to hold on to winning stocks in order to further gains and to sell losing stocks in order to prevent escalating losses. The flip side of the coin is investors that hold on to losing stocks for too long. Investors are willing to assume a higher level of risk in order to avoid the negative utility of a prospective loss. Unfortunately, many of the losing stocks never recover, and the losses incurred continued to mount, with often disastrous results. The January-Effect is where the average monthly return for small firms is consistently higher in January than any other month of the year; in the UK this is observed in April. This contradicts with EMH, as EMH predicts that stocks should move at a random walk. January returns are greatest due to yearend tax loss selling of shares disproportionally (Branch 1977). Another anomaly of this type is the Weekend-Effect, where Fama (1980) found that returns on Mondays tend to be negative if compared to any other week day, but this has disappeared in the UK by the 1990s. Some theories that explain the effect attribute the tendency for companies to release bad news on Friday after the markets close to depressed stock prices on Monday. Others state that the  weekend effect might be linked to short selling, which would affect stocks with high short interest positions. Alternatively, the effect could simply be a result of traders fading optimism between Friday and Monday. Index effect is a phenomenon where the addition to, or deletion from, a stock index causes a change in the price, trading volume, volatility or operating performance of the stock concerned. A stock entering an index will automatically receive increased demand from institutional investors principally index tracker funds and exchange trade funds (ETFs) while a deleted stock will experience reduced demand. The fact that a stock jumps in value upon inclusion is once again clear evidence of mispricing: the price of the share changes even though its fundamental value does not. Another anomaly is P/E effect from CAPM model; portfolios with low P/E ratios outperform those with high. The low price-earnings ratio effect occurs because stocks with low price-earnings ratios are often  undervalued and their prices eventually rise because investors become pessimistic about their returns after a bad series of earning or bad news. A company with high price to earning tends to overvalued (De Bondt and Thaler, 1985). Winner-Loser anomaly De Bondt and Thaler (1985) found that shares which initially earn extreme positive return (winners) or extreme negative returns (losers) experience extended reversals in their performance over long horizons. De Bondt and Thaler (1985) suggested the overreaction hypothesis as an explanation of their result. This hypothesis claims that the market overreacts to information. That is, the market overweights the most recent information and underweights earlier information. However, this phenomenon is reversed when it is recognized that the market’s expectations were indeed an overreaction to the information released. This hypothesis also offers an explanation of the P/E effect. Fama and French (1992) showed that a powerful predictor of returns across securities is the ratio of the book value of the firm’s equity to the market value of equity. After controlling for the size and book-to-market effects, beta seemed to have no power to explain average security returns. One explanation is that investors overreact to growth aspects for growth stocks, and value stocks are therefore undervalued. According to some academics, the ratio of market value to book value itself is a risk measure, and therefore the larger returns generated by low MV/BV stocks are simply a compensation for risk. Low MV/BV stocks are often those in some financial distress. All of these anomalies may be explained by behavioral finance. Behavioural finance is the study of the influence of psychology on the behavior of financial practitioners and the subsequent effect on markets. Behavioural finance is of interest because it helps explain why and how markets might be inefficient. There are series of  behavioural biases  Ã¢â‚¬â€œ strange twists in human nature that cause us to act irrationally and against our own interests. On the other hand all of these anomalies may instead be an artifact of data mining. After all, if one reruns the computer database of past returns over and over and examines stock returns along enough dimensions, simple chance will cause some criteria to appear to predict returns. May be this is why some anomalies appear to be lost at some point of time e. g. the weekend effect during the 90s.

Juvenile Correctional Officers Essay Example for Free

Juvenile Correctional Officers Essay When a person is charged for a crime that was committed and is sentenced to serve time in a facility, a correctional officer is responsible for the supervision and safety of the detainee. Correctional officers work in adult and juvenile detention centers, though in each facility their responsibilities differ pertaining to whether the detainee is an adult or a juvenile. Because of the ages of the detainees a correctional officer at a juvenile detention facility are greater than if they were dealing with adults. To understand what the differences are in regards to a juvenile, one must know, child development, punishment, and deterrence play a part in the unique situations pertaining to a juvenile detainee. Every child that commit’s a crime has their very own unique situation behind the crime. Some children were taught the crimes they commit by a trusted adult, or television. Some may have an underlying mental or psychological defect that brought them to commit the crime. There are also situations where a child was neglected, abandoned, or abused by an adult they cared about, thus bringing violence among the child. A child’s development can play a very important role in corrections. There may be a violent child that may need to be restrained or put in separate quarters to protect themselves as well as other detainees from harm. A child may also need to be medicated because of an underlying condition or disease. All of these factors can not only affect how a child is taken care of in a facility, but also before that when they are arrested and tried. All of the above factors can either help or hurt a child. If there is no proof of abuse or an mental condition, the courts may be less lenient on their charge and sentence, then a troubled child with underlying factors, in which a judge may take those factors into consideration and gives a lesser charge, House them in a mental facility instead, or provide extra programs or services to help the child once detained. Through punishment a court can show the juvenile what happens if they commit a crime and keep them off the street and from the community by taking away their freedom. Most juveniles are punished by a fine, community service, probation, home electronic monitoring, or incarceration in a juvenile detention center. While there they will be under close supervision of correctional officers and therapists in some facilities. There are occasions for serious crimes that a judge will sentence a juvenile to an adult detention center if they have been tried as an adult. The juveniles that are occasionally tried as adults are ones that commit crimes such as manslaughter, sex crimes, or murder. While a juvenile is in a detention center, they can have visitors as long as it is an immediate family member and this is usually on certain days. In some facilities, recreation, religious, and educational programs are given while they are detained as well. â€Å"Increased punishment of juveniles reduces the amount of crime they commit in a way similar to the impact punishment has for adults, according to a new paper by Steven Levitt, Associate Professor of Economics at the University of Chicagoâ€Å". â€Å"The evidence suggests that juvenile crime is responsive to harsher sanctions,† Levitt writes. â€Å"The estimated decrease in crime associated with incarcerating an additional juvenile is at least as large as the corresponding reduction in crime for adult offenders†, (Levitt, S, 1998). â€Å"In an effort to strengthen the sanctions for serious juvenile crimes, a number of states have enacted laws increasing the types of offenders and offenses eligible for transfer from the juvenile court to the adult criminal court for trial and potential sentencing†, (Redding, R, 2010). These laws are created to try and set precedent to deter juveniles from following certain crime trends and teach them what is in store for them if they do offend. Deterrence has became a popular practice in the criminal justice system. With success of a deterrence, jails and detention centers do not get overcrowded, and more money of the individual states can go to fund therapeutic programs and services to assist troubled individuals. In some instances, a juvenile can be given an opportunity to make heir offense right by attending therapy and psychological meetings, thus helping them cope with whatever issues they may have. This can aid in deterring the individual from committing a crime. Juveniles are our future and it is the responsibility of us adults to help them grow up into fine law abiding individuals and not into a life of crime. To help adults teach juveniles they , must know the juvenile corrections department and educate their children. Knowing how a child develops, how punishment can help, and ways to deter the juvenile are good practices for any parent and adult to learn. For us to safely say we raised our kids right, we must keep the world free of crime and full of love. Resources Redding, Richard, Juvenile Justice Bulletin, US Dept of Justice, Juvenile Transfer Laws, 2010, Right Margin Steven Levitt, Associate Professor of Economics at the University of Chicago, Juvenile Delinquents, University of Chicago News Office, December 21, 1998, Para. 1.