Wednesday, August 26, 2020
Irony In OConnor Essays - Good Country People, Rhetorical Techniques
Incongruity in O'Connor Flannery O'Connor utilizes incongruity in Great Country People to give the peruser a superior feeling of what she is attempting to convey to the peruser, and show the significance of her characters and their activities. There are a few incongruities in the story that the peruser can see in there first perusing, however there are a few that need more consideration. The first is Hulga's mom and individuals around them. The subsequent model is the Bible sales rep, and the manner in which he tricks everybody except Mrs. Hopewell. The last is the primary character Hulga whose character is an incongruity in itself. Every one of the three of these give various instances of incongruity, that leaves the peruser pondering about O'Connor's intelligence in thinking. The primary incongruities includes Hulgas mother and the individuals she discusses. Mrs. Hopewell says that Mrs. Freeman is an individual who never concedes she wasn't right and that she is into everybody's business. She at that point says Mrs. Freeman is a woman. Another model is the point at which she portrays Mrs. Freeman's little girls Glynese and Carramae, as the best young ladies she ever knew(393) following the peruser discovers that Carramae is just fifteen and right now pregnant what's more, wedded, and Glynese was eighteen yet as of now had numerous admirers. The second wellspring of incongruity is in the Bible sales rep and the way that he goes out to not be such a decent nation individual. He gives off an impression of being a basic kid getting the message out of God through the world with the brief period he has, because of the sickness dubiously like the what Hulga is as far as anyone knows biting the dust of. His entire character is an incongruity. He says he is a Bible sales rep in any case, indeed, is not so much as a Christian. The book of scriptures he hauls around, has different sides like its proprietor. On its outside, it is by all accounts an old fashioned book of scriptures, yet when it is opened the peruser discovers liquor, playing a game of cards, and different articles that show the sales rep's actual character. Another incongruity is the manner in which the sales rep fools Hulga into deduction he isn't brilliant and afterward he pivots and fools her into giving him her bogus leg. The last model is the fundamental character Hulga. The principal incongruity in Hulga is the way that she has uncommon training, however she is still tricked by the basic Bible sales rep. She likewise has an incongruity like the Bible-Salesman. Hulga is an intense, taught, insusceptible lady with her leg on, however when she takes it off, she returns to Joy who is as yet a powerless young lady. Another incongruity is that she is mean to all who are pleasant to her and she is pleasant to the one individual who is savage to her, and shows her no sympathy. These instances of incongruity show O'Connor's keenness. They likewise show the unique perspectives, which makes the peruser think and mull over more profound into the importance of O'Connor's words. Great Country People is only one case of how incongruity is utilized by one creator, after somebody peruses a story like this, one ought to be increasingly mindful of incongruities in Literature
Saturday, August 22, 2020
Policies and Prime Ministership of Gough Whitlam Free Essays
Arrangements and Prime Ministership of Gough Whitlam Question (a): Write a layout of the progressions made by Gough Whitlam when he was Australiaââ¬â¢s Prime Minister. Diagram oWide-extending change plan oAimed to rapidly change the social parts of society, as opposed to taking care of Australiaââ¬â¢s monetary issues oWhitlamââ¬â¢s key standards were: ?Equality of chance ?Promotion of the Australian personality oPost-Vietnam War approaches oWhitlamââ¬â¢s strategies tended to numerous social equity issues oForeign strategy oHuman rights (ladies + Indigenous) oMulticulturalism oPublic advantage National Identity Post-war arrangements ?Abolition of enrollment for national help ?Immediate withdrawal from Vietnam ?Release of draft dodgers from jail Foreign Policy oChina ?Official acknowledgment of China inside a fortnight of Whitlamââ¬â¢s Prime ministership. ?International safe havens were either reestablished or developed in every nation ? Australian help of China in the U nited Nations oPapua New Guinea conceded self-administration (1973) and autonomy (1975) oDistancing Australia from American international strategy oSouth Africa ?Banning of racially-based wearing groups from South Africa ? Judgment of politically-sanctioned racial segregation arrangement in South Africa oWhitlam bolstered 13 universal human rights activities Human Rights oWomen ?Office of Womenââ¬â¢s Affairs ?Promoted strategies that would assist ladies with accomplishing uniformity ? Wages ?Creation of the ââ¬Ëadult wageââ¬â¢ to supplant thoughts of independent male and female wages ? Urged more ladies to work and appreciate working ?Divorce ?The ââ¬Ëno-faultââ¬â¢ separate from guideline, as a major aspect of the Family Law Act (1975) ? Expelled the ââ¬Ëguilty labelââ¬â¢ which had recently subverted rights in authority debates and property settlements ? Separation without reasons Maternity Leave ?Extended maternity leave for single parents to help the expenses while as yet holding their unique employment. We will compose a custom exposition test on Strategies and Prime Ministership of Gough Whitlam or then again any comparative subject just for you Request Now ?Expulsion of deals charge on prophylactic pills oIndigenous Australians ?Self-assurance strategy ?The privilege of a gathering to pick and control its own fate ? Land rights ?Established the Royal Commission on Aboriginal Land Rights (1973) ? Some land (that was denied in the 1971 Gove land rights choice) was come back to the Gurindji individuals. ?Cancelation of the Migration Acts ?Australian Aborigines not, at this point expected authorization to travel abroad ? We all Australians are decreased while the Aborigines are denied their legitimate spot in this country. â⬠Gough Whitlam (1972). ?In 4 years, the financial plan for Aboriginal issues expanded from $23 million to $141 million Multiculturalism oAl Grassby turned into the new Minister for Immigration oWhite Australia Policy ?Abolition of this arrangement improved relations with close by Asian nations ? Racial Discrimination Act (1975) advanced comprehension of different races and ethnic gatherings ? ââ¬Å"I was signific antly humiliated by it [the White Australia policy] and did everything I could to transform it. Gough Whitlam (2001). oChanges to the Citizenship Act ?Immigrants from the United Kingdom no longer outweighed different Europeans and Asians oCommunity activities ?radio projects in network dialects ?vagrant training places ?educator trade program with Italian government ?translators for crisis calls Public Benefit oEducation ?Establishment of the Australian Schools Commission ?Disadvantaged Schools Program ?ââ¬Ëneeds-basedââ¬â¢ subsidizing ?Expand the assets of poor schools ?Abolition of tertiary instruction school charges Government financing of tertiary instruction ?Increase from 9% (1960) to 42% (1975) oMedibank ?System of national medical coverage ?Time-based installments versus expense for administration ?Break association among social insurance and cash ?Originally payed 85% of the doctor's visit expense oIncreased annuities ?25% of normal grown-up week after week wage oProm otion of ââ¬Ëthe Artsââ¬â¢ ?Improved offices and pay for craftsmen (artists, specialists, artists, entertainers and so forth ) ? Australian Film Commission ?National Film and Television School ?Australian National Gallery oA program to carry sewerage to every single urban territory National Identity oNew Australian international IDs; no longer alluded to as ââ¬ËBritish subjectsââ¬â¢ oAustralian national song of praise oAustralian Heritage Commission Question (b): Evaluate (make own judgment + realities) how significant ONE of these progressions has been to Australiaââ¬â¢s advancement. Strategic Relations with China ?Whitlam accepted that Australia were following the international strategies of our partners for a really long time ? The virus war mindset was not, at this point applicable ?He saw the potential financial gains and favorable circumstances of a drawn out relationship with China ? Socialist gathering took over China Guomindang restored itself in Taiwan ?Many nations (counting Australia) perceived the administration in Taiwan as the official legislature of China ? Gough Whitlam needed to shape a relationship with socialist China, as he accepted that socialism was not a danger ? The McMahon government would not perceive the Peopleââ¬â¢s Repu blic of China ? In 1971, Whitlam (as Leader of the Opposition) visited China and guaranteed Mao Zedong (the Chinese chief) that he would set up discretionary relations with China, on the off chance that he won the political race the next year ? China became individuals from the United Nations in 1971, and all through Whitlamââ¬â¢s prime ministership, Australia bolstered their portrayal. ?Australiaââ¬â¢s acknowledgment of China was a urgent crossroads in our history. ?Financial â⬠?Australia had bonds with the biggest economy of the world ? It gives us the blast in our asset industry ?Two-way exchange was $113 million out of 1972 ?In 1973, a Trade Agreement was marked, conceding common ââ¬Ëmost supported country statusââ¬â¢ ? It is currently surpassing $105 billion (2011) ?Benefits for the two nations ?Three hidden standards in the relationship: Mutual regard ?Recognition of contrasts ?Strong determination to expand on the interests we share ?Education â⬠?1972 â⬠no Chinese understudies in Australia ?Present â⬠150 000 + Chinese understudies; greatest wellspring of outside understudies oPossible end â⬠In 1949, Australia and China were isolated by political contrasts, anyway Goughââ¬â¢s Whitlam acknowledgment of China in 1972 had brought about 40 years of monetary and social thriving. Despite the fact that it included the end of the relationship with Taiwan, this significant move in international strategy is lauded for its drawn out triumphs. The most effective method to refer to Policies and Prime Ministership of Gough Whitlam, Essay models
The Dangers of Social Networking free essay sample
Recollect when you were ten years of age, and you had several companions from different pieces of the world who all cooperated with you over Facebook? No? That situation doesnââ¬â¢t precisely portray my adolescence, either, however it rings consistent with a considerable lot of todayââ¬â¢s kids. In our state, in our nation, and all through the world, an expanding number of kids are utilizing interpersonal interaction sites. We like to feel this is ok for kids to do. All things considered, interpersonal interaction sites have security settings. Be that as it may, numerous kids are either uninformed of such settings, or essentially donââ¬â¢t use them. Indeed, an enormous number of kids lie about their ages on their interpersonal interaction profiles, intentionally keeping away from the age-based protection settings that these sites have so shrewdly executed. Obviously, we likewise expect that the guardians of these kids are checking their interpersonal interaction. We will compose a custom exposition test on The Dangers of Social Networking or then again any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page This is consistent with a specific degree; most guardians attempt to direct their childââ¬â¢s web use. In any case, the guidelines are regularly ineffectively strengthened, and numerous guardians are not as mindful of their childââ¬â¢s web action as they trust themselves to be. Because of the expansion in long range informal communication, a considerable lot of todayââ¬â¢s youngsters have just experienced cyberbullying. The greater part of us have known about Megan Meier, the thirteen-year-old young lady who ended it all subsequent to having been tormented over Myspace a couple of years prior. While this surely is an extraordinary instance of cyberbullying, it is something that we can hope to see increasingly more of, particularly with the expansion in youthful social organizers. In less outrageous cases, a kid who is cyberbullied is bound to encounter gloom, tension, bedwetting, cerebral pains, and low confidence. These impacts may even be long haul, following the youngster into their grown-up life. Sadly, the greater part of the youngsters who are cyberbullied are likewise harassed in school. Therefore, the web turns into an inevitable methods for badgering to these youngsters, compelling them to adapt to tormenting both all through school. Another iss ue with kids utilizing informal communication sites is their capacity to ââ¬Å"talk to strangers.â⬠Many kids today are utilizing long range interpersonal communication as a methods for making new companions. This is an alarming idea on the grounds that in all actuality, there are no ensures that the individuals that youngsters are become friends with are the individuals that their profiles depict. Simply envision how simple it would be for a sex wrongdoer to cause a phony profile, to become a close acquaintence with an excessively confiding in youngster, and draw that person to meet face to face. Notwithstanding this potential threat, we need to consider that numerous ongoing web based sex wrongdoings have been submitted in a more direct way than we foresee. Truth be told, the vast majority of these sex guilty parties were forthright with the youngster about their ages and their expectations to engage in sexual relations with the kid. Besides, a lion's share of the kids who m et the wrongdoer in person did as such over and over. In spite of the fact that this upsetting data is hard to confront, it shows that numerous kids are not developed enough to perceive the risk in their online exercises. With the entirety of the dangers that go with kids utilizing long range informal communication sites, for what reason does it keep on being an issue? It appears as though we ought to be making a move to forestall such perils, yet an ever increasing number of kids are utilizing long range informal communication sites each day. Something must be done; no advantages of person to person communication can exceed the security of a youngster.
Friday, August 21, 2020
Influence of Twnety20 Cricket on Cricket Stakeholders
Impact of Twnety20 Cricket on Cricket Stakeholders Part ONE 1.0 INTRODUCTION 1.1 Introduction This examination on the effect of twenty20 cricket on worldwide cricket endeavors to investigate the view of both essential and optional partners of the game in the global field. Twenty20 cricket is perhaps the most extravagant industry, which is esteemed at around a billion dollar over the globe. Twenty20 cricket is one of the universes sports with numerous eager members, onlookers just as media intrigue. Twenty20 Cricket has started new life and given recovery to cricket everywhere throughout the globe. The Twenty20 variant of the game has been a main consideration in endeavoring to additionally globalize, market and advance the game. Cricket is one the most famous and popular game on the planet. Cricket is a set up group activity for many years and well known in nations, for example, India, Pakistan, West Indies, South Africa and England. Like other donning exercises, twenty20 cricket is a pro game that is looked for after by the two people because of its various gainful traits. T his famous and advantageous movement gives you physical wellness as well as mental quality and sharpness as well. A game helps an individual in building an exceptionally inspirational mentality. It has additionally become a piece of instruction and schedules of individuals. The fundamental of the exploration is to decide the effect of twenty20 cricket sport on worldwide cricket. This part will in general diagram foundation of the investigation and issue explanation. Moreover, it examines the examination questions, investigate goals and the noteworthiness of the investigation separated from introducing the exploration layout. 1.2 Study Background The birthplace of Cricket game can be followed from the time of the dull ages, most likely after the Roman Empire, unquestionably before the Normans attacking England and in all likelihood some place in Northern Europe. Fortuitous confirmations propose the way that this game was begun in Saxon or Norman occasions by youngsters living in south east piece of England in a territory of thick forests known as Weald. It is for the most part accepted that cricket was to a greater extent a kids game as opposed to the grown-ups. It was taken up by the grown-ups in seventeenth century and from that point forward, this game kept on expanding its prominence and open acknowledgment and never thought back. To the extent the name of term ââ¬Å"cricket ââ¬Å"is concerned it is for the most part accepted that this word had different potential sources. The most punctual source is followed back to 1598 when it was called as cricket. It is believed to be gotten from Middle Dutch term ââ¬Å"krick â⠬Å"meaning a stick. There are another terms likewise accessible which all propose the conceivable inclusion of Dutch in this game. The sport of Cricket is known to length from the sixteenth century with matches being played since 1844, albeit authoritatively ââ¬ËInternational Test Cricket was played from the year 1877 onwards. Test cricket is the most established and longest type of cricket. It is additionally considered as the most solid and provoking type of cricket to quantify the value of any group where 2 innings are played by each group. After the hurl the group that bats first heaps on however many runs as could reasonably be expected and pronounces the innings. At that point comes the turn of other group thus the match goes on until the conclusive outcome. The prevalence and appeal of test cricket is diminishing step by step due to the beginning of new all the more energizing types of cricket. Hopwood (2005) contends that the sport of Cricket has been represented by the p rinciples for over 250 years. The Marylebone Cricket Club has been a definitive figure in advancing the standards of cricket and its resulting revisions. In the year 2000, the MCC changed the standards of Cricket and acquainted Spirit of Cricket with the laws of the game to keep up the one of a kind character and satisfaction in the game. One day cricket is the most unmistakable and seen type of cricket on the planet. It is being played and viewed by the individuals with incredible eagerness. The most well known occasion ââ¬Å"World Cupâ⬠of cricket is likewise founded on the example of one day cricket. A large portion of the significant and well known titles in cricket depend on one day matches. The one-day global cricket is a late twentieth century improvement. On fifth January 1971, first ODI was played among Australia and England and till now it is famous among the cricket fans. Cricket matches are played and preferred by the individuals on national and universal level (Birley, 2003). There are numerous sorts of cricket like nation cricket, club cricket, indoor cricket, womens cricket and cricket for blinds, however the most noticeable and well known three kinds of cricket which are perceived by ICC (International Cricket Council) are test cricket, at some point and recently started structure twenty20 cricke t. The appearance of Twenty20 on the cricketing scene has doubtlessly isolated the cricketing clique. Some accept that it is only a crime and ought not be empowered at any expense. They contend that since Twenty20 energizes a long way from-specialized cricket youths needing to get the game will be confused into accepting that cricket is tied in with attempting to hit 6s and 4s regardless of how you do it. Likewise it will make the misguided judgment that cricket is a batsmans game and that there is next to no motivating force in bowling since the bowlers are normally the ones at the less than desirable end. In such a situation not very many youths may take up bowling or trouble learning the better purposes of the art. In addition there is consistently the contention that Twenty20 cricket will wean away enthusiasm from the customary organizations of the game, particularly Test cricket. Nonetheless, assessment with respect to Twenty20 cricket despite everything stays partitioned as it s advertisers demand that it won't supplant any of the conventional organizations however on the opposite will expand enthusiasm for them by pulling more individuals towards cricket all in all. They likewise contend that the Twenty20 configuration is an incredible method for acquainting cricket with the non-cricketing world which is utilized to quick games, for example, football. There is no uncertainty that the T20 rendition of the game has gotten the most well known and adequate in the ongoing occasions yet it can't be said that different types of the games have been disregarded. After the beginning of T20 cricket, many idea that the test cricket will be bit by bit quenched from the cricket world. It is anyway off-base to state. All the legends of cricket still solidly accept that test cricket is the hardest and strongest type of cricket which bamboozles any player. Test cricket makes a decision about mental capacity and quality, the endurance and versatility factor and different things of the player which twenty 20 cricket can't pass judgment. The round of Twenty20 game includes two groups; every ha a solitary innings, batting for a limit of 20 overs. Twenty20 game is finished in around three hours, with every inning enduring around 75 minutes, in this manner carrying the game nearer to the time range of other well known group activities, for example, football (Hopwood, 2005). It was acquainted with make a vivacious type of the game which would be appealing to observers at the ground and watchers on TV. Since its initiation the game has spread around the cricket world. The possibility of an abbreviated arrangement of the game at an expert level was examined by the English and Wales Cricket Boardin 1998 and 2001. When theBenson and Hedges Cupended in 2002, theEnglish and Wales Cricket Board required another day rivalry to fill its place. The cricketing specialists were hoping to help the games picture and fame with the more youthful age in light of diminishing groups and decreased sponsorship. It was proposed to convey quic k paced, energizing cricket open to a great many fans who were put off by the more drawn out forms of the game (test cricket and one-day worldwide cricket). Stuart Robertson, the showcasing chief of the English and Wales Cricket Board, proposed a 20 over per innings game to district executives in 2001 and they casted a ballot 11-7 for embracing the new arrangement. In excess of 30 center gatherings were assembled. 4,000, 15-minute, eye to eye interviews were set up to measure the open hunger for the game. The picture of Cricket in England had consistently been that of a game which is moderate paced, quiet and exhausting. The crowds recognized the length of the matches to be extremely long, but Test Match Cricket (5 days) of One-Day Cricket (8 hours). Easton (1996) contends that the general observation and picture in the brains of people in general was that Cricket is a kind of game which as a rule brings about exhausting draws (Test Cricket). Indeed, even in one-day cricket (50 over s), the batsmen would score their runs at an entirely moderate rate bringing about a dull display for the groups going to watch matches at the different cricket grounds. Hopwood (2005) keeps up that the England and Wales Cricket Board had at first introducedTwenty20 cricket as an approach to recover the groups in residential cricket. The principal Twenty20 Cup in 2003 (presently known as the Friends Provident T20) was advertised with the sloganââ¬Å"I dont like cricket, I love itâ⬠and it was pointed particularly at the adolescent as opposed to the cricket authority. It was intended to be a game that would unite the whole family for a night of fun and festival like air. The finals of the 2003 Twenty20 Cup (in 2003) saw exhibitions by pop stars and musical gangs and the gathering like environment made it a memorable night. It was a gigantic accomplishment as the groups were agreeably shocked. More than the cricket on field the thought was to have some good times; cricket just ga ve the methods. This was the ââ¬Ëfast nourishment of cricket and the individuals simply cherished each and every nibble. From that point forward Twenty20 has gradually ascended in fame. The primary authority Twenty20 matches were played on 13 June 2003 between the English regions in theTwenty20 Cup (presently known as the Friends Provident T20). The main period of T
Walking Mindfully With Borderline Personality Disorder
Walking Mindfully With Borderline Personality Disorder BPD Living With BPD Print Borderline Personality Disorder With Walking Mindfully Mindful walking and building mindfulness skills can be important tools with BPD By Kristalyn Salters-Pedneault, PhD Kristalyn Salters-Pedneault, PhD, is a clinical psychologist and associate professor of psychology at Eastern Connecticut State University. Learn about our editorial policy Kristalyn Salters-Pedneault, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on January 17, 2018 Mario Tama/Getty Images More in BPD Living With BPD Diagnosis Treatment Related Conditions We know that mindfulness can be a powerful tool to reduce symptoms of borderline personality disorder (BPD). In fact, mindfulness is a core component of dialectical behavior therapy (DBT), one of the most effective treatments therapies for BPD. Borderline Personality Disorder Symptoms, Causes, and Treatment How to Practice Mindful Walking Mindful walking is one way to promote mindfulness skills without having to make time for formal practice or requiring a high level of athleticism or fitness. Try this simple exercise to promote mindful walking, inspired by Thich Nhat Hahns book Peace Is Every Step: The Path of Mindfulness in Everyday Life, which provides lots of examples of ways to incorporate mindfulness practice into activities you already engage in every day: First, set your intention to walk mindfully. Take a few deep breaths, and just acknowledge that during your walk you will try to be aware of your environment and your internal state, including your thoughts, feelings, and sensations. There are no set rules for this walk and it can be done in any location. Whether its at a local park or just around your neighborhood, you can practice mindful walking anywhere. As you begin to walk, first notice the sensation of your feet hitting the ground to help get you focused and centered. Notice the process of moving your legs. What muscles tense or relax as you move? Notice where you are stepping, the quality of each step, the intensity of your motions and the feel of the ground beneath your feet or shoes.Expand your awareness to notice your surroundings. As you walk, what do you see, smell, hear, taste and feel? How does the air feel on your skin? What do you notice around you? Think about what you see, hear and smell as you walk. Try to remai n aware of the sensation of walking and the external environment while you also become aware of your internal experiences, such as your thoughts, feelings, and emotions.What thoughts cross your mind as you walk? What emotion or emotions are there right now? Are they intense or mild? Are these internal experiences pulling you in or can you observe them with a little bit of distance? No need to judge these internal experiences as good or bad; practice just noticing them for what they are.As you complete your walk, congratulate yourself for your intention to practice mindful walking, no matter how many times your mind was pulled away from the walk or how well you thought your practice went today. Just notice that the intention to be mindful is the key to practice and pat yourself on the back. If at any point during your walk you notice your mind wandering to the past or the future or being pulled away from the walk, just gently acknowledge that your mind has wandered and bring yourself back to the present moment. Remember that being pulled away and coming back is the key to mindfulness practice. No one has perfect focus all the time. With regular practice, mindful walking can help soothe your emotions. As you establish your routine, you may find that your walks help manage your symptoms.
Walking Mindfully With Borderline Personality Disorder
Walking Mindfully With Borderline Personality Disorder BPD Living With BPD Print Borderline Personality Disorder With Walking Mindfully Mindful walking and building mindfulness skills can be important tools with BPD By Kristalyn Salters-Pedneault, PhD Kristalyn Salters-Pedneault, PhD, is a clinical psychologist and associate professor of psychology at Eastern Connecticut State University. Learn about our editorial policy Kristalyn Salters-Pedneault, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on January 17, 2018 Mario Tama/Getty Images More in BPD Living With BPD Diagnosis Treatment Related Conditions We know that mindfulness can be a powerful tool to reduce symptoms of borderline personality disorder (BPD). In fact, mindfulness is a core component of dialectical behavior therapy (DBT), one of the most effective treatments therapies for BPD. Borderline Personality Disorder Symptoms, Causes, and Treatment How to Practice Mindful Walking Mindful walking is one way to promote mindfulness skills without having to make time for formal practice or requiring a high level of athleticism or fitness. Try this simple exercise to promote mindful walking, inspired by Thich Nhat Hahns book Peace Is Every Step: The Path of Mindfulness in Everyday Life, which provides lots of examples of ways to incorporate mindfulness practice into activities you already engage in every day: First, set your intention to walk mindfully. Take a few deep breaths, and just acknowledge that during your walk you will try to be aware of your environment and your internal state, including your thoughts, feelings, and sensations. There are no set rules for this walk and it can be done in any location. Whether its at a local park or just around your neighborhood, you can practice mindful walking anywhere. As you begin to walk, first notice the sensation of your feet hitting the ground to help get you focused and centered. Notice the process of moving your legs. What muscles tense or relax as you move? Notice where you are stepping, the quality of each step, the intensity of your motions and the feel of the ground beneath your feet or shoes.Expand your awareness to notice your surroundings. As you walk, what do you see, smell, hear, taste and feel? How does the air feel on your skin? What do you notice around you? Think about what you see, hear and smell as you walk. Try to remai n aware of the sensation of walking and the external environment while you also become aware of your internal experiences, such as your thoughts, feelings, and emotions.What thoughts cross your mind as you walk? What emotion or emotions are there right now? Are they intense or mild? Are these internal experiences pulling you in or can you observe them with a little bit of distance? No need to judge these internal experiences as good or bad; practice just noticing them for what they are.As you complete your walk, congratulate yourself for your intention to practice mindful walking, no matter how many times your mind was pulled away from the walk or how well you thought your practice went today. Just notice that the intention to be mindful is the key to practice and pat yourself on the back. If at any point during your walk you notice your mind wandering to the past or the future or being pulled away from the walk, just gently acknowledge that your mind has wandered and bring yourself back to the present moment. Remember that being pulled away and coming back is the key to mindfulness practice. No one has perfect focus all the time. With regular practice, mindful walking can help soothe your emotions. As you establish your routine, you may find that your walks help manage your symptoms.
Saturday, June 6, 2020
Law of evidence - Free Essay Example
Law of evidence ââ¬â scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for both the prosecution and the defence will dictate the outcome of a number of the evidentiary and procedural issues highlighted here. The following analysis regarding the quality of Wendyââ¬â¢s eye witness description and subsequent video identification assumes that the police complied with all of the necessary provisions of the Police and Criminal Evidence Act[1] in the securing of the identification evidence (including any identification parade).[2] The discrepancies between Wendyââ¬â¢s initial description and the video identification of Mark as the perpetrator go to weight and not the admissibility of this evidence. The circumstances of the identification, involving Wendyââ¬â¢s participation in the frightening events in which she made her initial observation warrant an appropriate jury direction. The evidence of Timmy is corroborative of Wendyââ¬â¢s position concerning the unfolding of the occurrence, the number of participants, and the perpetratorââ¬Ës skin colour. This evidence also requires weight considerations due to the limitations of this witness. The eyewitness evidence is generally subject to a Turnbull[3] styled direction regarding its potential frailties. The direction must deal with the circumstances in which the identification was made and any weaknesses in the identification. The direction must identify the evidence that the trial judge determines as capable of supporting the identification; the judge should give a general warning, even in cases of recognition, of the dangers in convicting on identification evidence[4]. The extent (and potential forcefulness) of the jury warning must also be considered in light of the evidence of Sonya and Nigel as noted below. As in Keane, there is no formula or catechism for the Turnbull warning.[5] However, while a failure to observe the Turnbull guidelines here might not automatically serve to quash a conviction, such a result is very likely.[6] It must be also noted that a prima facie case of murder and aggravated burglary might be established by the prosecution as against Mark on the evidence of Wendy and Timmy alone. The evidence of Sonya regarding Mark is potentially powerful corroborative ââ¬Ëconsciousness of guiltââ¬â¢ evidence; without an explanation from Mark (he is not legally obligated to provide one), the burning of clothing coupled with the eyewitness evidence, even with its uncertainties, would be compelling. Sonjaââ¬â¢ witness status is discussed below.[7] The scenario provides that Markââ¬â¢s defence will be one of alibi. If the evidence of Wendy is presented in a poor or uncertain fashion, given that Timmy cannot positively identify the perpetrators and entirely corroborate Wendyââ¬â¢ evidence, Mark may decide that he shall not testify and expose himself to cross examination.[8] His alibi is very weak, given that the corroborating prostitute is not available. Conversely, there is no evi dence to suggest that the alibi is fabricated so as to be tendered as part of the prosecution case in chief.[9] Assuming that Mark testifies as to his alibi, the credibility of the tendered alibi is not fundamental to the determination of Markââ¬â¢s guilt or innocence on the substantive charges. This circumstance would necessarily attract a Lucas[10] warning to the jury, that ââ¬Ëâ⬠¦Even if you conclude that the alibi was false that does not itself entitle you to convict the defendant. The Crown must still make you sure of his guilt. An alibi is sometimes invented to bolster a genuine defence.ââ¬â¢ [11]â⬠¦the fact that the defendant has told liesâ⬠¦ does not in itself indicate guilt. The jury should be invited to consider other explanations why the defendant might have lied, including any he proffers himself during the trial.ââ¬â¢[12] Nigel is jointly charged with Mark and therefore his ability to testify against Mark is rooted in distinct and alternati ve procedural considerations. As a co-defendant, Nigel is not a compellable witness against Mark. Nigel has an unfettered right to testify in his own defence. Nigel would be exposed to cross ââ¬â examination from both the prosecution and Mark at large regarding his involvement in the entire transaction. The ability of the prosecution to prosecute Mark in a separate proceeding, with Nigel called as a prosecution witness involves tactical issues that extend beyond the scope of the present scenario, including possible plea bargains and a consideration of the accomplice rules.[13] The purported defence of duress, like alibi, is difficult but not impossible to maintain without corroboration. It would attract what some academic commentators refer to as a ââ¬Ëtacticalââ¬â¢, not legal burden of proof. There is no evidentiary prohibition against its tender without corroboration; the practical considerations of standard of proof are referenced below.[14] There is insufficie nt information contained in the scenario to determine the likelihood of a duress defence being successfully advanced by Nigel, save for the difference in the ages of each defendant. Nigelââ¬â¢s evidence carries a potential three pronged effect ââ¬â it potentially rebuts the defence of alibi tendered by Mark; subject to its factual basis, it may confirm Markââ¬â¢s role as the sole actor in the crime; it may be a complete defence to both murder and aggravated burglary, or alternatively (subject to the particulars) it may establish a reduced level of participation and corresponding culpability on Nigelââ¬â¢s part. All of these issues are for the jury, once properly instructed.[15] The nature of the trial would involve consideration of the Special Measures provisions of the Criminal Procedure Rules.[16] Timmy would be subject to the implementation of such procedures as of right given his age of 12 years.[17] Specific rule The availability of a designated special me asure for Sonja is dependant upon the related stress, the reluctance to testify and fear attributed to Mark. The scenario as stated does not provide a factual basis as to why Sonja fears Mark or what unusual stresses are caused by the proceeding (all witnesses likely sustain a measure of stress by participating in a criminal trial; few witnesses are provided with the special measures provisions). The prosecution must apply for the special measures or the court may direct same of its own motion. [18] The court has a clear power to vary a special measure once same has been directed. The allowance of the special measure is a flexible remedy, one that must be balanced against the traditional rule of law that a defendant be permitted to face his accuser; the personal comfort or convenience of a witness is not a basis for the order. This aspect of the process has been explained as ââ¬ËWe wish to emphasise that judges may keep a Special Measures Direction under review. A Special M easures Direction is intended to give confidence to the witnesses and part of that confidence derives from the assurance that the matter will be handled as the direction has stipulated. However, that must not prevent a judge, who feels that a variation to the direction will help the trial proceed properly, from making such a variation[19]â⬠¦Ã¢â¬â¢ It is clear that given the serious nature of the present offences, coupled with the overriding imperatives to ensure that the defence is permitted the opportunity to make full answer and defence, the special measures must be supported by facts beyond mere ââ¬Ëstressââ¬â¢, when objectively considered.[20] The court must be satisfied that the quality of the evidence tendered would be diminished if no measures were taken.[21] There is no case law on this point, but it is rationale to conclude that a reasonable juror will invariably wonder ââ¬Ëwhyââ¬â¢ an adult witness is testifying via video link or other special measu res means. If Nigel testifies in his own defence, he shall not be permitted the benefit of any special measures.[22] The burden of proof with respect to the offences alleged in the scenario remains with the prosecution throughout the proceeding; it does not legally shift to the defence based upon the defences tendered. If Mark testifies to an alibi, should the alibi raise a reasonable doubt as to his guilt, without having been proven to any standard, Mark must be acquitted. Similarly, if Nigel testifies that he acted under duress, the defence need not be proven to be effective in his defence; it must raise a reasonable doubt. Although the facts presented are silent on the point, should Nigel allege that his duress was in the nature of resulting in a diminished responsibility for the crimes alleged, so as to reduce his level of culpability; such defences carry an implicit requirement for medical or expert evidence to corroborate the defence contention.[23] Based on the in formation provided, all of the prospective witnesses named are competent to testify at trial. All of the witnesses are adults, save for Timmy. There is nothing on the facts to suggest that Timmy would be unable to understand the nature of the proceedings or otherwise not understand the questions he might be asked[24]. The compellability of the witnesses is subject to other considerations. Sonjaââ¬â¢s compellability will turn on how permanent or irreconcilable her marital difference may be with Mark regarding her ââ¬Ërecentââ¬â¢ estrangement. The statute may also provide an avenue to compel Sonja to testify if the court were persuaded that the offences naturally resulted in Timmy as a child victim of the aggravated burglary.[25]As noted above, Nigel is not a compellable witness so long as he remains a co-defendant. The distinction between the burden of proof and the standard of proof is plain in the scenario. The prosecution bears the burden of proving both charges to a beyond a reasonable doubt standard. As noted above[26], the scenario raises a clear common sense consideration ââ¬â if the prosecution case was tendered at its highest, the facts would demand an explanation from the defence or a finding of guilt would be inevitable. Bibliography Crown Prosecution Service / Visual Identification of Suspects https://www.cps.gov.uk/legal/section13/chapter_a.html (accessed January 4, 2007) Hannibal, Martin and Lisa Mountford LPC Handbook on Criminal Litigation 2006-07 2006 Edition (Oxford: Oxford University Press, 2006) Law Commission, Partial Defences to Murder, 2004 Pattenden, Rosemary Judicial Discretion and Criminal Litigation (Clarendon Press: Oxford, 1990) Roberts, Paul and Adrian Zuckerman Criminal Evidence First Edition (Oxford: Oxford University Press, 2004) Table of Cases Forbes, R v [2001] 1 AC 473 Hoskyn, R v[1979] AC 474 J v B [2002] EWCA Civ 1661 Kean, R v (1977) 65 Cr App R 247, 248 Nolan, R v [2002] EWCA Crim 464 (15th February, 2002) Peacock, R v [1997] EWCA Crim 2780 (3rd November, 1997) Sirrs and Povey, R v [2006] EWCA Crim 3185 (15 December 2006) Turnbull, R v (1976) 63 Cr. App. R. 132 Wong Ka Shum, R v [1996] 1 HKC 174) Table of Statutes Criminal Procedure Rules, Part 29 (Department of Constitutional Affairs), https://www.dca.gov.uk/criminal/procrules_fin/contents/rules/part_29.htm (accessed January 5, 2007) Youth Justice and Criminal Evidence Act. 1999 Police and Criminal Evidence Act 1984 1 Footnotes [1] Police and Criminal Evidence Act, 1984 as amended [2] Nolan, R v [2002] EWCA Crim 464 [3] R. v Turnbull, [1976] 63 Cr. App. R. 132 [4] Pattenden, Rosemary Judicial Discretion and Criminal Litigation, 347 [5] Keane (1977) 65 Cr App R 247, 248 [6] Pattenden, ibid; a judge sitting alone is bound by the same requirements R v. Wong Ka Shum [1996] 1 HKC 174) [7] p. 4 [8] See Criminal Procedure rules re exchange of alibi particulars [9] ibid [10] R v. Harron, as discussed at 1996 Crim.L.R. 581 is one exam [11] Ibid; see also Peacock, R v [1997] EWCA Crim 2780 [12] ibid [13] Nigel is a prime ââ¬Ëplea bargainââ¬â¢ example; youth, stated lower level of involvement, alleged duress, etc. [14] The use of terms such as ââ¬Ëtacticalââ¬â¢ burdens are an appreciation that in some cases, while the party is not legally obligated to testify, their testimony is necessary form a practical perspective if they seek to avoid an adverse conclusion. [ 15] Hannibal, 2006 [16] Criminal Procedure Rules, Part 29 [17] Ibid. s 16 [18] Ibid s 17-20 [19] Sirrs and Povey, R v [2006] EWCA Crim 3185 [20] Part 29 [21] Youth Justice and Criminal Evidence Act. 1999, s.17 [22] Part 29, ibid [23] Law Commission, Partial Defences to Murder, 2004 useful general rules re duress defence [24] Youth Justice and Criminal Evidence Act. 1999, s.53 [25] Section 80, Police and Criminal Evidence Act 1984 (children under 16 years) [26] See n 14
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