Skeletal Findings And Their Impact On Anthropology Essay

Important Skeletal Findings and their Impact on Anthropology Biological, (also known as physical) anthropology works to identity species, mainly through the analysis of bones, and teeth, and strives to further learn about their way of life. In anthropology today many scientific discoveries have been made through skeletal findings in the field. Although, from the many discoveries that have been made there are a few that stand out as having ground breaking effects for the world of biological anthropology. Such findings include, the Taung child who displayed signs of early human bipedalism, Lucy, which gave rise to the species of Australopithecus afarensis, and Turkana boy, which is the most complete Homo erectus skeleton. Anthropology has worked to answer questions about human evolution and our early ancestors. The Taung child, Lucy, and the Turkana boy have all provided anthropologists with scientific proofs and evidence that will help to further understand our ancestry. Discovered in 1924 the Taung child gave rise the genus Australopithecus . A mining company (Northern Lime) was directed to send any intriguing fossils found to Raymond Dart .This was an interesting request, but it came to be by a student of Darts informing him of a family friend who had a rare baboon skull that was found at this mining site in Taung . The skull (later named the Taung Child) arrived to Raymond Dart from the mining company in 1924 and after careful examination he named the new speciesShow MoreRelated Using bones, teeth and joints for reconstructing activity in past human populations2409 Words   |  10 Pageslifetime the activities they involve themselves in impact on their many bodily tissues. Markers for these activities are left in the bones, joints and dentition which is useful for anthropologists as only skeletal material is left in the case of most ancient populations. Subsequently much research has been undertaken in this area with varying levels of validity.I n this essay I seek to explain what information can be reliably gathered from skeletal material, it will focus on bone density and muscleRead MoreStanley Rhines Bon Voyage2266 Words   |  9 Pagesunattended, or suspicious deaths. They work together with multiple agencies in many different jurisdictions. Bone Voyage gives a lifelike, almost sickly, reality to the important jobs dealt to forensic anthropologists. The field of forensic anthropology is relatively young, with roots in the 1960’s and 1970’s. Its popularity continues to grow today, with TV shows like â€Å"Bones† and novels like â€Å"Coroner at Large.† The work of a forensic anthropologist is important in a historical and medicolegalRead MoreAnthropology, Cultural Studies, And Physical Anthropology3812 Words   |  16 PagesThe study of anthropology traverse across four subfields that focus in archaeology, linguistics, cultural studies, and physical anthropology. Each field can specialize in an area of expertise. For physical anthropology, the sub-discipline bioarchaeology, incorporates both physical studies of human remains while contextualizing the data found from archaeological evidence and other sciences. One researcher explains that, â€Å"information from the human skeleton can be combined with historical documentsRead MoreGraduate Writing Center: Writing Thesis and Dissertation Proposals73 04 Words   |  30 Pageshalf of the century to represent the geographies of worlds beyond Earth. Popular histories of geography (e.g. Sheehan 1996; Morton 2002) indicate that astronomers collected extensive geographic data about the nearby planets, usually recording their findings in detailed maps that were strikingly similar in appearance to many of the well-studied imperial maps produced during the same time period. Although much of this astronomical-geographical knowledge compiled during the late nineteenth century hasRead MoreArchaeology Notes19985 Words   |  80 Pagesoften occurs in the floodplains of rivers, along the shores of lakes and in swamps where erosion and sedimentation are occurring. In other circumstance, sediments such as dust and volcanic ash carried by the wind sweeps over the remains. Once buried, skeletal remains may be preserved in variety of ways. Usually they absorb minerals from the surrounding soil or ground water that eventually replace the organismà ¢â‚¬â„¢s original inorganic tissues. The result is petrifacation the process of being turned stone.Read MoreInnovators Dna84615 Words   |  339 Pagescan be as innovative and impactful— if you can change your behaviors to improve your creative impact. In e Innovator’s DNA, authors Je Dyer, Hal Gregersen, and bestselling author Clayton M. Christensen ( e Innovator’s Dilemma, e Innovator’s Solution) build on what we know about disruptive innovation to show how individuals can develop the skills necessary to move progressively from idea to impact. By identifying behaviors of the world’s best innovators—from leaders at Amazon and Apple toRead MoreStrategy Safari by Mintzberg71628 Words   |  287 Pageschaos may provide insights into how organizations change. And so on. Add to this all the other literatures that are more commonly recognized as relevant to the study of organizations—psychology on human cognition as well as leadership charisma, anthropology on cultures in society, economics on industrial organization, urban planning on formal planning processes, political science on public policy making, military history on strategies of conflict, and on—and the result is an enormous, dispersed bodyRead More_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 Pagespublic schools in California led researchers to conclude that other factors, such as prioritizing student achievement, encouraging teacher collaboration and professional development, and using assessment data to improve instruction, had a much greater impact on the schools’ Academic Performance Index. (Washington Post and San Francisco Chronicle, November 26, 2005) To be an informed consumer of reports such as those described above, you must be able to do the following: 1. Extract information fromRead MoreInstitution as the Fundamental Cause of Long Tern Growth39832 Words   |  160 Pagesavailable to a society, especially in agriculture. This view is developed by an early Nobel Prize winner in economics, 13 Myrdal, who wrote â€Å"serious study of the problems of underdevelopment ... should take into account the climate and its impacts on soil, vegetation, animals, humans and physical assets–in short, on living conditions in economic development† (1968, volume 3, p. 2121). More recently, Diamond espouses this view, â€Å"... proximate factors behind Europe’s conquest of the Americas

Law of Evidence Question - Free Essay Example

Sample details Pages: 13 Words: 3792 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Act Essay Did you like this example? Abstract In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003 , Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to solve this problem question based on criminal proceedings and interpret the statutes , the general rule and exceptions of hearsay evidence ,apply the case laws and critically evaluate and analyses them. In this given set of facts we need to discuss and apply the legal rules of evidence in the context of criminal proceedings specifically witness competence compellability, good character bad character, general rules of hearsay evidence and its exceptions with the proper application of Youth Justice and Criminal Evidence Act 1999 ( YJCEA) and Criminal Justice Act 2003 and relevant cases , journals , articles . . Don’t waste time! Our writers will create an original "Law of Evidence Question" essay for you Create order According to the facts Thomas is only 11 years old who saw two men putting electrical equipment into the boot of a white van. He along with Harry Jones identified Adam King as one of the men they saw at a video identification procedure .Now we need to focus on mainly whether Thomas is really competent to give evidence and even if he can, what type of evidence he will provide .As a child under 14 Thomas must give unsworn evidence.[1] In this essence the test for sworn testimony is set out in R v Hayes[2] which is unnecessary in this scenario .However, in R v MacPherson[3] the Court of Appeal held that a 5 years old child is competent in giving witness .Moreover, the evidence of children under 14 is to be given unsworn and that a childà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence must be revived unless it appears to the court that the child is incapable of understanding questions put to him and unable to give answers which can be understood.[4]The court must decide not whether he is competent on ground s of age but whether he is capable of giving intelligible evidence .It is submitted that a normal 11 years old child would be .The witnesses credibility and reliability are relevant to the weight to be given to his evidence and might well from the basis of a submission of no case to answer but they are not relevant to competence [5] . In delivering the judgment of the Court of Appeal in R v Sed[6] Auld LJ pointed out that section 53 does not expressly provide for 100% comprehension and in this case the Court of Appeal was much influenced by the earlier decision in R v D .[7]Allowance should be made on the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s performance .In this fact it may vary according to the subject matter of the questions, on the length of time between the events referred to by the witness and the date of the questioning and on any strong feelings that those events may have caused [8] as to whether Thomas is really competent to give evidence or not .Moreover according to the statute ther e is no minimum age for childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s to give evidence.[9] In this fact, Thomasà ¢Ã¢â€š ¬Ã¢â€ž ¢s parents informed the CPS that Thomas is nervous about giving evidence in court .In relation with this there is a possibility to use of Special Measures like to use screens[10], live link [11] , video recorded evidence in chief [12] , evidence to be given in private [13] by the prosecution.In this case the court can interview the child witness[14] and it could be a video interview if necessary [15] .It may be considered that Thomas might encounter special difficulty in testifying .Under section 16 (1) (b) and section 16 (2) of the YJCEA 1999[16] may give evidence by means such as live video link or pre à ¢Ã¢â€š ¬Ã¢â‚¬Å" recording . In R ( On the application of D ) v Camberwell Green Youth Court [17] the Divisional Court held that special measures provisions , here involving children , were compatible with article 6 ( 3 ) ( a ) of European Convention of Human Rights [18] which embodies the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s right à ¢Ã¢â€š ¬Ã‹Å" to ex amine or have examined witnesses against himà ¢Ã¢â€š ¬Ã¢â€ž ¢ .As person under 18 Thomas may also be eligible for special Measures Directions .Under section 21 ( 1 ) ( a ) of the Youth Justice Act and Criminal Evidence Act 1999(YJCEA)[19] as amended by the Coroners and Justice Act 2009 , the primary rule in requiring admission of a video interview as examination in chief and cross examination through a live link or video link [20]at trial , applies to all witnesses under 18 , regardless of the nature of the offence . However , under section 21 if the court determines that under the primary rule special measures would minimize the quality of the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence then court can consider a screen which will be open for Thomas to elect to give oral evidence in chief or testify in the courtroom rather than using the live link or pre recorded police video [21].Under section 21 (4C) of YJCEA 1999 the court will consider some factors [22].Although Thomas is not in an age where he might be expected to be able to give live testimony as he is nervous in giving evidence in court according to the facts but he may be accompanied by an adult to provide support for example his mother who have no personal involvement in this case . Now we need to assess the admissibility of the identification evidence against George Smith .It mainly deals with Code D of PACE 1984 Codes of Practice.[23]Breaches of Code D sometimes can result in the exclusion of identification evidence under s.78 (1) of PACE. Because failure to comply with the provision in CODE D can affect the reliability of the evidence and reliability is an important consideration in the application of s.78(1).An important case on the consequences of non-compliance with the provisions of Code D is R vGorja (Ranjit)[24].Moreover if Code D do not justify the exclusion of identification evidence, they may require appropriate warnings to be given to the jury [25] .In order to avoid mistaken identification of a defendant by prosecution witnesses the Court of Appeal recommended a new approach by trial judges to deal with the problems of identification in Turnbull[26].The directions in this case only apply whenever the prosecution case depends à ¢Ã¢â€š ¬Ã‹Å"wholly o r substantially à ¢Ã¢â€š ¬Ã¢â€ž ¢on the correctness of one or more identifications of the defendant, and the defence alleges that the identifying witnesses are mistaken and in this case the prosecution substantially depends on the correctness on the identification of George. According to Shand v The Queen[27] the prosecution may argue that the Turnbull direction must be given where identification is based on recognition. Moreover, one witness Thomas already mistaken to identify George [28].But sometimes Turnbull is not required when a witness failed to recognize the suspect [29] and Thomas failed to recognize George.[30]In R v Forbes[31] it was held that the breach of Code D did not require the evidence to be excluded under section 78 of PACE. However , in this fact , Thomas failed to identify George[32].Moreover , George denied that he was involved in burglary[33].It could be argue that the identification procedure under Code D paragraph 3.12 is not necessary in this fact .In R v Turnbull[34] ,the Court of Appeal (CA) laid down guidelines for the treatment of the identification evidence where the case depends wholly or substantially on the correctness of the identifications. The guidelines make it clear that the judge should remind the jury of any weakness in the identification evidence and that the judge should withdraw the case from the jury unless there is any other evidence which will support the identification evidence and in this fact there is another witness named Harry who confirmed and recognized George[35] .In this fact it is highly likely that the prosecution will be able to argue that identification of evidence against George Smith is admissible. The next issues to be consider Adam Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s previous convictions for assault, robbery and burglary . Evidence of a witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character did not have to amount to proof of a lack of credibility on the part of the witness.[36] This question is concern with rules relating to the admissibility of defendants bad character and also the fairness of the changes made by CJA 2003. In this regard the Law Commission reports on bad character in 2002.[37] The common law recognized the way in which evidence of character could be relevant. It could make allegations against a defendant more likely be true but the trial should not be used to investigate the truth of a previous allegation. [38]Sec-101 of CJA 2003 states that in criminal proceedings evidence of defendants bad character is admissible if one of the factors from sub-section 101(1) (a)-101(1)(g) is satisfied [39].In this regard we need to consider the three fold test in R v Hanson[40]which is laid down by the Court of Appeal. In this case the propensity[41] to commit the offence is relied on as the basis for admitting evidence of a defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character.[42] The prosecution now may argue that his previous convictions is relevant to an important matter in this trial[43] .But previous convictions for offences of the same description or category does not automatically mean that they should be admitted[44].Adam Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character might be admissible by the courts as the defendant has a propensity to committee offences of this kind because a single previous conviction can be sufficient to establish propensity[45] .Moreover in Isichei[46]where the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s propensity[47] to supply cocaine was relevant to the issue of identification. In this issue we need to discuss as to how should the judge direct the jury about George Smithà ¢Ã¢â€š ¬Ã¢â€ž ¢s character .In this fact George Smith already denied that he have any involvement in the burglary and he donà ¢Ã¢â€š ¬Ã¢â€ž ¢t even have any previous conviction .Similarly in R v Aziz[48] the house of Lords held that a person with no previous convictions was generally to be treated as being of good character[49] and in this fact it could argue that George have good character .Whenever a evidence of good character is given , its significance must be explained to the Jury .The Court of Appeal laid down two limbs in R v Vye[50]. In this fact it could easily argue that the judge will direct the jury based on the Vye direction about Georgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s character.However , there were some problems in Vye direction like if someone plead guilty in any other county then he is no longer of good character but in this fact it is already apparent that George donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have any previous conviction .Moreover ,in R v M (CP)[51] it was held that once the judge decided that the defendant should be treated as a person of good character then the full Vye direction on good character should be given as it is a matter of law .The prima facie rule of practice is to deal with this by giving a qualified Vye direction rather than no direction at all.[52] According to R v Doncaster[53] it can easily argue that if the defendant has no previous conviction but bad character evidence is given under the Criminal Justice Act 2003 then a modified direction should be given .From the above discussion it can easily argue that the judge in this scenario should direct the jury about George Smithà ¢Ã¢â€š ¬Ã¢â€ž ¢s character with Vye direction because it is the prima facie rule or practice.[54] Now we need to discuss the issue as to whether the persecution will be permitted to adduce the written statement[55] of Harry who is moving to New Zealand .From this issue it is apparent that we need to consider the statement as hearsay evidence which is defined as a statement made outside off the court with the purpose of showing that the statement is true.[56]But generally in criminal cases hearsay is inadmissible which is also affirmed by Lord Normand in Teper v R [57].Moreover in Myers v DPP[58] it was held that a contemporaneous record made by workers in a motor car factory of cylinder block and chassis numbers was held to be inadmissible hearsay.In this fact , we need to focus if the prosecution made a written statement from Harry then whether it will be admissible[59].In this scenario , Harry was outside of UK[60] and in relating with these sort of issue the Law Commission introduced a à ¢Ã¢â€š ¬Ã‹Å"reasonable practicability à ¢Ã¢â€š ¬Ã‹Å" test which require the party wishin g to adduce the evidence to make reasonable efforts to bring the witness to court but the court will take into account some factors such as the seriousness of the case and the importance of the information contained in the statement.[61]Moreover , in R v Castillio and Others [62] it was held that it was not reasonably practicable for the witness to attend and important consideration was given to the evidence given by the witness.The prosecution also argue that it falls within the exception of the general rule as the witness Harry moved outside of UK[63] and it was beyond reasonable doubt[64].From the above discussion it is highly likely that the prosecution will be able to adduce the written statement of Harry at the trial. Total Word Count = 3208 Bibliography: Primary sources: Text Book: Dennis .I.H , The Law of Evidence ,3rd Edition ,Sweet Maxwell 2007 Durston . G , Evidence Text Materials , 2nd Edition , Oxford University Press2011 Allen , C , Practical Guide to Evidence , 4th Edition, Routledge . Cavendish 2008 Choo , A.L-T , Evidence , 3rd Edition , Oxford University Press Spencer,J.R and Flin,R ,The Evidence of Children : The Law and the Psychology (2nd edition, Blackstone , London 2003) H.Phil , Blackstoneà ¢Ã¢â€š ¬Ã¢â€ž ¢s Statutes on Evidence ,12th Edition 2012 Guidance for Vulnerable or Intimidated Witness , including children (à ¢Ã¢â€š ¬Ã…“The Memorandum 2002) Spencer,J.R. and Flin , R , The Evidence of Children : The Law and the Psychology (2nd edition), Blackstone , London 2003 Emson, R. Evidence. (Basingstoke: Palgrave Macmillan, 2010) fifth edition Munday, R. Evidence. (Oxford: Oxford University Press 2011) sixth edition Roberts, P. and A. Zuckerman Criminal evidence. (Oxford: Oxford University Press, 2010) second edition Tapper, C. Cross Tapper on evidence. (Oxford: Oxford University Press, 2010) twelfth edition Statute: Youth Justice and Criminal Evidence Act 1999 ( YJCEA) Criminal Justice Act 2003 European Convention of Human Rights the Coroners and Justice Act 2009 Code D of PACE 1984 Journals : The Law Commission report (2002) Ho, H.L. à ¢Ã¢â€š ¬Ã‹Å"Similar facts in civil casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 26 Oxford Journal of Legal Studies 131. Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Case management, similar fact evidence in civil cases, and a divided law of evidenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2006) 10 International Journal of Evidence and Proof 81à ¢Ã¢â€š ¬Ã¢â‚¬Å"103. Munday, R. à ¢Ã¢â€š ¬Ã‹Å"What actually constitutes evidence of à ¢Ã¢â€š ¬Ã…“bad characterà ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢ Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2010) 74 The Journal of Criminal Law 127(reviews cases where the Crown has sought to adduce only single acts of misconduct, in order to ascertain how expansively or restrictively the courts interpret the bad character provisions). Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Criminal evidence: The relevance of bad characterà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2002) 61 CLJ 684à ¢Ã¢â€š ¬Ã¢â‚¬Å"714. Code of Practice for the Identification of Persons by Police Officers (Code D) of the Police and Criminal Evidence Act 1984 (PACE). Devlin Report: à ¢Ã¢â€š ¬Ã‹Å"Evidence of identification in criminal casesà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1976) Roberts, A. à ¢Ã¢â€š ¬Ã‹Å"Eyewitness identification evidence: procedural developments and the ends of adjudicative accuracyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) 6(2) International Commentary on Evidence. Ormerod, D. and D. Birch à ¢Ã¢â€š ¬Ã‹Å"The evolution of exclusionary discretionà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Crim LR 767. Article: The Law Commission (EVIDENCE OF BAD CHARACTER IN CRIMINAL PROCEEDINGS Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 ) EVIDENCE LAW CHARACTER AND CREDIBILITY (February 1997 Wellington, New Zealand ) Bird.J , Plymouth Law and Criminal Justice Review (2014) Birch.D , à ¢Ã¢â€š ¬Ã‹Å" A Better Deal for Vulnerable Witnesses?à ¢Ã¢â€š ¬Ã¢â€ž ¢[2000] Crim L.R 223 Creighton,P.à ¢Ã¢â€š ¬Ã¢â€ž ¢Spouse Competence and Compellabilityà ¢Ã¢â€š ¬Ã¢â€ž ¢[1990] Crim LR 34 Hoyano,L.C.H,à ¢Ã¢â€š ¬Ã¢â€ž ¢Striking a Balance between the Rights of Defendants and Vulnerable Witnesses : Will Special Measures Direction Contravene Guarantees of a Fair Trial?à ¢Ã¢â€š ¬Ã¢â€ž ¢ Hoyano,L.C.H,à ¢Ã¢â€š ¬Ã¢â€ž ¢Coroners and Justice Act 2009 :Special Measures Directions Take 2 : Entrenching Unequal Access to Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢[2010] Crim LR 345 Durston,G ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Bad Character Evidence and Non party Witnesses under the Criminal Justice Act 2003à ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) 8 E P 233 Goudkamp.J ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Bad Character Evidence and Reprehensible Behaviourà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2008) E P 116 Law Commission Consultation Paper ,à ¢Ã¢â€š ¬Ã¢â€ž ¢Evidence in Criminal Proceedings : Previous Misconduct of a Defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢(CP 141) (London , 1996) Law Commission Report No 273 (Cm 5257),à ¢Ã¢â€š ¬Ã¢â€ž ¢Evidence of Bad Character in Criminal Proceedingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ (London , 2001) Mirfield,P ,à ¢Ã¢â€š ¬Ã¢â€ž ¢ Character , Credibility and Untruthfulnessà ¢Ã¢â€š ¬Ã¢â€ž ¢(2008) 124 LQR 1 Spencer,J.R ,Evidence of Bad Character (Hart , London,2010) Byron (1999) The Times, 10 March and Gayle [1999] 2 Cr App R 130 David Ormerodà ¢Ã¢â€š ¬Ã¢â€ž ¢s commentary in [2011] Crim LR 10, 793à ¢Ã¢â€š ¬Ã¢â‚¬Å"798 Dennis, I. à ¢Ã¢â€š ¬Ã‹Å"The right to confront witnesses: meanings, myths and human rightsà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] Crim LR 4, 255à ¢Ã¢â€š ¬Ã¢â‚¬Å"74. Mirfield, P. à ¢Ã¢â€š ¬Ã‹Å"Character and credibilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2009] Crim LR 3, 135à ¢Ã¢â€š ¬Ã¢â‚¬Å"51 Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Recognising propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim LR 3, 177à ¢Ã¢â€š ¬Ã¢â‚¬Å"98 Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] J Crim L 74(2), 127à ¢Ã¢â€š ¬Ã¢â‚¬Å"44 Law Commission No 245 , 1997 , para 8.39 Roberts, P. and A. Zuckerman, à ¢Ã¢â€š ¬Ã‹Å"Implied assertions and the logic of hearsayà ¢Ã¢â€š ¬Ã¢â€ž ¢ Birch, D. à ¢Ã¢â€š ¬Ã‹Å"Interpreting the New Concept of Hearsayà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2010) CLJ 72. Common Laws: R v Hayes [1977] 1 WLR 234 R v MacPherson [2005] EWCA Crim 3605 R v Sed[2004] EWCA Crim 1294 R v D [2002] 2 Cr App R 36 R v K [2006] EWCA Crim 472 R v Powell [2006] EWCA Crim 3 R ( On the application of D ) v Camberwell Green Youth Court [2003] EWHC Admin 22 R v Gorja (Ranjit) [2010] EWCA Crim 1939 R v Forbes [2001] 1 All ER 686 Turnbull [1977] QB 224 Shand v The Queen [1996] 1 WLR 69, 72 R v Nicholson [2000] 1 Cr App R 182 Thornton [1995] 1 Cr App R 578 and Slater [1995] 1 Cr App R 584 R v Oscar [1991] Crim LR 778 Limburne and Bleasdale [1994] Crim LR 118. R v Caldwell [1993] 99 Cr App R 73 R v Hanson [2005] 1 WLR 3169 Tully and Wood (2007) 171 JP 25 R v McDonald[ 2007] EWCA Crim 1194. Isichei [2006] EWCA Crim 1815 R v Aziz [1996] AC 41 R v Vye(1993) 97 Cr App R 134. Teper v R [1952] AC 480 at 486 Myers v DPP [1965] AC1001 R v Castillio and Others [1996] 1 Cr App R 438 R v Bray [1988] 88 Cr App R 354 R v Acton Justices ex p McMullen 1990 92 Cr App R 98 Electronic Sources: www.lexisnexis.co.uk www.westlaw.co.uk www.gov.co.uk www.guardian.co.uk www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-d-2011 www.officialdocumentsgov.uk/document/hc1011/hc08/0829/0829.pdf 1 [1] Section 56(1) (2) of the Youth Justice and Criminal Evidence Act 1999 [2] [1977] 1 WLR 234 [3] [2005] EWCA Crim 3605 [4] Section 53 (3) of the Youth Justice and Criminal Evidence Act 1999 [5] R v MacPherson [2005] EWCA Crim 3605 , [2006] 1 Cr App R 30 [6] [2004] EWCA Crim 1294 [7] [2002] 2 Cr App R 36 [8] Paragraph 45 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 46 where there is a danger that a complainant may be incompetent , the judge will usually before the trial have seen a video recording of the complainantà ¢Ã¢â€š ¬Ã¢â€ž ¢s interview with the police and so will be in some position to make a decision about competence after hearing submissions from prosecution and defence under Youth Justice and Criminal Evidence Act 1999 , section 27 [9] Section 53(1) 0f Youth Justice and Criminal Evidence Act 1999 [10] Section 23 of Youth Justice and Criminal Evidence Act 1999 and R v Brown [2004] EWCA Crim 1620 [11] Section 24 of Youth Justice and Criminal Evidence Act 1999 [1 2] Section 27 of Youth Justice and Criminal Evidence Act 1999 [13]Section 25 of Youth Justice and Criminal Evidence Act 1999 [14] Guidance for Vulnerable or Intimidated Witness , including children (à ¢Ã¢â€š ¬Ã…“The Memorandum 2002) and it is also available in www.cps.gov.uk [15] Rv K [2006] EWCA Crim 472 , R v Powell [2006] EWCA Crim 3 [16] Section 16 ( 1 ) ( b) of YJCEA 1999 states that if the court considers that the quality of evidence given by the witness is likely to be diminished by reason of any circumstances falling within subsection ( 2 ) like section 16 ( 2 ) ( a ) states that the witness suffers from mental disorder within the meaning of Mental Health Act 1983 . [17] [2003] EWHC Admin 22 [18] Article 6 (3) ( a ) of ECHR states that everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; [19] Se ction 21 (1) ( a) of YJCEA 1999 states that a witness in criminal proceedings is a à ¢Ã¢â€š ¬Ã‹Å"child witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢ if he is an eligible witness by reason of section 16 ( 1 ) ( a) of YJCEA states that whether or not he is an eligible witness by reason of any other provision of section 16 or 17 of YJCEA [20] R v Camberwell Green Youth Court [2005] 1 WLR 393 [21] R v Powell [ 2006] 1 Cr App R 31 [22]Under section 21 (4C) of YJCEA 1999 the court will consider some factors such as (a) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s age and maturity , (b) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to understand the consequence of giving evidence in a different way , (c) the relationship between the witness and the accused , (d) the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s social and cultural background and ethnic origins and (e) the nature and alleged circumstances of the offence to which the proceedings relate . [23]www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-d- 2011 [24][2010] EWCA Crim 1939 [25] Forbes [2001] 1 All ER 686 [26][1977] QB 224. [27] [1996] 1 WLR 69, 72 [28]Thornton [1995] 1 Cr App R 578 and Slater [1995] 1 Cr App R 584 [29]Byron (1999) The Times, 10 March and Gayle [1999] 2 Cr App R 130 [30]Code D paragraph 3.12 [31] [2001] 1 AC 473 [32] R v Nicholson [2000] 1 Cr App R 182 , R v Oscar [1991] Crim LR 778 [33] (Limburne and Bleasdale [1994] Crim LR 118. [34] [1977] QB 224 [35] R v Caldwell [1993] 99 Cr App R 73 [36] Section 100(1)(b) of Criminal Justice Act 2003 [37]The Law Commission report (2002 ,paras . 8.12-8.19) stated that ,à ¢Ã¢â€š ¬Ã¢â€ž ¢References in this Act to evidence of a personà ¢Ã¢â€š ¬Ã¢â€ž ¢s bad character are references to evidence which shows or tends to show that (a) he has committed an offence or (b) he has behaved or is disposed to behave in a way that , in the opinion of the court , might be viewed with disapproval by a reasonable person. [38] R v D [2009] E WCA Crim 2137 [39]Sec-101 provide seven gate ways through which evidence of defendants bad character can be admitted.They are:-( a ) all parties to the proceedings agree to the evidence being admissible, ( b ) the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it, ( c ) it is important explanatory evidence, ( d ) it is relevant to an important matter in issue between the defendant and the prosecution, ( e ) it has substantial probative in relation to an important matter in issue between defendant and a co-defendant, ( f ) it is evidence to correct a false impression given by the defendant, or ( g ) the defendant has made an attack on another persons character. [40]The three fold test in R v Hanson [2005] 1 WLR 3169 is 1) whether the history of convictions establish a propensity to committee offences of the kind charged, 2) whether that propensity makes it more likely that the defendant c ommitted the offence charged, 3) whether it is unjust to rely on the convictions of the same descriptions on category and, in any event, whether the proceedings would be unfair if they were admitted. [41] Redmayne, M. à ¢Ã¢â€š ¬Ã‹Å"Recognising propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2011] Crim LR 3, 177à ¢Ã¢â€š ¬Ã¢â‚¬Å"98 [42] Section 101(1)(d) of Criminal Justice Act 2003 . [43] Section 103(3) and 101(3) of Criminal Justice Act 2003 [44] (Tully and Wood) (2007) 171 JP 25 [45] R v McDonald [ 2007] EWCA Crim 1194. [46][2006] EWCA Crim 1815 [47] Munday, R. à ¢Ã¢â€š ¬Ã‹Å"Single act propensityà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2010] J Crim L 74(2), 127à ¢Ã¢â€š ¬Ã¢â‚¬Å"44 [48] [1996] AC 41 [49] R v M (CP) [2009] 2 Cr App R 3 [50]The two limbs in R v Vye (1993) 97 Cr App R 134 is namely the relevance of good character to credibility and the relevance of good character to the question whether the defendant was likely to have behaved as alleged by the prosecution [51][2009] 2 Cr App R 3 [52]R v Gray [2004] 2 Cr App R 498 [53][2008] EWCA Crim 5 [54]R v H [1994] Crim LR 205 [55] Section 115(2) of Criminal Justice Act 2003 [56] Section 114( 1) of Criminal Justice Act 2003 [57] [1952] AC 480 at 486 [58] [1965] AC1001 [59] Section 114 of Criminal Justice Act 2003 [60] R v Bray [1988] 88 Cr App R 354 [61] Law Commission No 245 , 1997 , para 8.39 [62] [1996] 1 Cr App R 438 [63] Section 116(2)(C) [64] R v Acton Justices ex p McMullen 1990 92 Cr App R 98

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Fiscal Policy In The US Essay - 720 Words

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Nobody knows you when youre down and out Essay Example For Students

Nobody knows you when youre down and out Essay No Shakespeare play has been subjected to so furious, sharply divided and sustained debate over its basic merit as Timon of Athens. The play is seldom produced, in part because it seems unfinished. It lacks Shakespeares usual consistency of poetic genius, the second half is haphazardly structured and some speakers are even left without names. The military subplot is ill-conceived or incomplete, and the title character, with his unmitigated extremes, is often thought an emblem or a symbol, not a real human being. Few people know the play, and those whove heard of it often inherit more surrounding controversy than theatrical substance. Nonetheless, given that most contemporary Shakespeare is directors theatre, Timons absence from the stage seems odd: Texts are chopped and rearranged and reset so thoroughly that the canon is forever new. Certified flaws may actually seem apertures of opportunity for prying open the play and reconfiguring it at will. Unfinished becomes a special invitation. Director Michael Langham, whose production of Timon runs through Jan. 5 at New Yorks National Actors Theatre, was fascinated by the challenge of finishing Shakespeares workreordering scenes, matching names to speeches, boldly amputating lifeless textbut he was attracted to the play for primarily emotional reasons. Ive been lucky enough to do a lot of Shakespeare in my life, he says. Working with a dead author youre always searching for what or who is the real person; where do you hear the heartbeat, where do you hear the pain or the joy? I felt I was closer to the real voice, a very vulnerable voice of total despair, closer to Shakespeare in this play than I have felt with any other. Outline1 Story of monumental loss2 The effort it takes to hate  3 Duke Ellington score   Story of monumental loss The story is one of monumental loss and disillusionment. Timon, a wealthy Athenian lord, freely gives his fortune away to those he believes are his friends. When his riches evaporate and he appeals to those same friends for help, they deny him outright. In his pain, horror and fury, Timon spurns Athens to live in a remote forest cave, where he curses the species that has so brutalized him. While digging in the earth for root vegetables to sustain him, he uncovers a stash of buried gold. Almost immediately a parade of opportunists descends upon him, professing friendship while begging pay. Timon rebukes them all, giving gold only to his soldier friend Alcibiades, who is leading an attack on Athens. Having exhausted his supply of vitriol, Timon composes his own epitaph and dies in his chosen grave by the sea. If artists and critics alike have been flummoxed by the severe contrast between the first halfs convivial swirl and the seconds desolate, cold procession, perhaps its because the play journeys too far afield from versions of reality ratified by realistic drama, where consistency and smooth evolution or gradual unveiling are representations virtues. In fact, sudden, extreme reversals frequently are the rhythm of life; human behavior is the instant, stark divide. But the total barrenness of Timons emotional destination, his reckless rush from society to solitude, can prove too uncomfortable for audiences when there arent any amenities or delays, just a plunge from buoyant satire into heartbreak. This transition works, as Langham and actor Brian Bedford demonstrate, if you understand its source. Timons excessively passionate dedication to a simple credo, Give without receiving, seems in Bedfords portrayal to be generated by a lack of self-love and a fundamental mistrust of friendship and humanity itself. Bedfords Timon has to make a world where he can trust and believe and love, because his inner impulse is to question the value of those feelings. His every gesture communicates desperate, hopeful effort and its attendant vulnerability. When reality ruptures this special sphere of Timons own design, says Langham, The bile is ready to come out. Timons other side has been waiting there all along, held in check by vigilant, willful fantasy. .u74084b95235f08792cca04d2443becd9 , .u74084b95235f08792cca04d2443becd9 .postImageUrl , .u74084b95235f08792cca04d2443becd9 .centered-text-area { min-height: 80px; position: relative; } .u74084b95235f08792cca04d2443becd9 , .u74084b95235f08792cca04d2443becd9:hover , .u74084b95235f08792cca04d2443becd9:visited , .u74084b95235f08792cca04d2443becd9:active { border:0!important; } .u74084b95235f08792cca04d2443becd9 .clearfix:after { content: ""; display: table; clear: both; } .u74084b95235f08792cca04d2443becd9 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u74084b95235f08792cca04d2443becd9:active , .u74084b95235f08792cca04d2443becd9:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u74084b95235f08792cca04d2443becd9 .centered-text-area { width: 100%; position: relative ; } .u74084b95235f08792cca04d2443becd9 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u74084b95235f08792cca04d2443becd9 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u74084b95235f08792cca04d2443becd9 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u74084b95235f08792cca04d2443becd9:hover .ctaButton { background-color: #34495E!important; } .u74084b95235f08792cca04d2443becd9 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u74084b95235f08792cca04d2443becd9 .u74084b95235f08792cca04d2443becd9-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u74084b95235f08792cca04d2443becd9:after { content: ""; display: block; clear: both; } READ: Murmuring Judges EssayTimons been called everything from Christ-like to irredeemably foolish, but whats more compelling than these epithets is the fact that he suffers the pain of wounded belief. Timons loyal steward observes how strange it is when mans worst sin is he does too much good, and asks, given the example of his lords downfall, Who then dares to be half so kind again? Although, as Bedford plays him, Timon is immature, unwise, unwilling to listen, see or learn, his vast emotional capacity is an awesome, necessary thing. Were a bit short of idealists, says Langham. Were short of banners to follow. Here was a banner to follow, but it was so naive, so simplistic, th at it was bound to be abused. Hes misguided, but at least theres a passion toward something. The effort it takes to hate   If we long for such belief despite its wild impracticality, how can we possibly survive its opposite in the second half of the play? Bedford helps by never letting us forget the effort it takes truly to hate. He emphasizes Timons misgivings about this arduous pursuit, and so eases away from the obvious plentiful supply of spite and bile and rage toward a sweeter sorrow, treating the plays second half like a blues number and letting the music of the words console its great big broken heart. Duke Ellington score   When Langham first directed the play at Stratford, Ontario in 1963, he commissioned a score from Duke Ellington. That score has been adapted by composer Stanley Silverman for the current revival, which is set in the oblivious splendor of 1920s Europe. The instrumental jazz music floats easily in and out of the action, wooing us with its smooth, stylish celebration of Timons lavish party, then mourning his devastation, and ultimately mocking his return to wealth with playful, giddy rhythms. The music brings alive a crucial spirit of irony, not in the sense of trenchant sarcasm or the latest skeptical pose, but a compassionate, cosmic awareness of the hurtful distance between aspiration and fact. The great hopefulness of 1963 has been lost, and Langham returns to the play at a moment when society needs to find in its ruined faith some sort of renewed possibility, but feels too freshly betrayed to trust. He stages Alcibiades final storming of Athens as a loud, pyrotechnic assault on all the senses, a choice that absolutely blasts away the sinister ornaments of intricate speech with unadorned ballistics. The confusing military subplot at last makes perfect sense as emotional if not strictly logical wordless revenge for all the oppression and ostracization wrought by liars on believers. Subsequent news of Timons death encourages a more sophisticated, sober call for balance and compromise in human affairs, but its the basic hurt that endures. Do we blame the believer for his vulnerability? No more so than we remind the blues singer its his own damn fault for having fallen in love. Theres something drastically beautiful, even comforting, in the simple extremes of a heartfelt song of woe. Timons is the sad old song of knowing no in-between.

Managerial Business Plan Of Crystal Pierson Essay Example For Students

Managerial Business Plan Of Crystal Pierson Essay Topic Selection for a Managerial Business Plan Crystal Pierson MGT/583.1 Workshop I Eric Brown 16 February, 2000 In an era where everything, including the SP index revolves around technology, manual or labor intensive operations cannot survive. Technological advancements range from nuclear science/medicine to new ways of preparing food. To see a manual typewriter in an office seems extremely antiquated and laborious. Technology today compared to a hundred years ago moves at lightening speed, especially the computer industry. With Bill Gates a household name, it seems foolish not to jump on the band wagon and take advantage of this technological craze. Sending faxes from a beach, talking to your Mother two thousand miles away on a telephone not bigger than a business card or when out and about your personal or business telephone forwards to your pager or cell phone, now thats advancement. Just as microwave ovens are items that every home and office must have, so are computers and computer training. With technology moving as swift, one can hardly keep up the latest software version or piece of hardware, for that matter. Training on and access to the software and equipment suddenly created a market. Companies such as Exec-U-Train offers training on the latest equipment and software available on the market today. They also offer help services via the telephone with technicians available to walk through most types of problems. The problem identified as not having enough companies to sufficiently keep companies and their employees and/or individuals alike up to date on the latest technology in desired areas. The objective shall be to develop a company that offers the opportunity to train on state-of-the-art equipment and/or receive one-on-one instruction if the need arises, at your office, in your home or on site in our office. The company plans to offer personal and customized plans to fit many budget ranges and within all age ranges Business .