Constitutional Law Essay Example | Topics and Well Written Essays - 500 words - 1

Constitutional Law - Essay Example For instance, if a person has been apprehended and charged with a criminal offense, they have to be presumed culpable and should be punished for their misconduct. This theory believes the criminal justice system was developed to control criminal conduct among individuals (Levesque, 2006). On the other hand, the due process model holds that individuals charged with various crimes are generally innocent until proven otherwise. In light of this, any individual charged with an offense should be allowed to enjoy certain unalienable rights. Packer (1968) described the due process model as drawing several similarities from an obstacle in the quest for granting criminal suspects punitive treatment and or sentences. The primary aim of the due process model is that, except for cases whereby suspected criminal offenders hold the society to ransom, they should be granted freedom until they are declared culpable. The model supports the notion that the primary aim of criminal justice is to safeguard the rights of the innocent and condemn the guilty. According to Levesque (2006), crime control model upholds as credible the outcomes of police investigations, and as such, police should have sweeping powers as far as fighting crime is concerned. By handling criminal suspects under police custody as if they are culpable of criminal offense, cases could be resolved as quickly as possible. Crime control, therefore, speeds up the administration of justice. In contrast, the due process model recognizes the importance of police activity in guaranteeing justice to members of the society. However, the powers of the law enforcement officers should be restricted to avoid cases of abuse or maltreatment to criminal suspects. Due process advocates for accountability of various stakeholders in the criminal justice process, which can be achieved by

Law of Sale Case Study Example | Topics and Well Written Essays - 2000 words

Law of Sale - Case Study Example Going through the facts of the case, we find that there is breach of implied condition on the part of the seller. According to the contract of sale, if there is a sale by sample as well as by description it is not sufficient that the bulk of goods correspond with the sample if the goods do not correspond with the description. That is to say, incase of sale by sample as well as description the goods must correspond not only with the sample, they must also correspond with the description given under the contract. Held that the buyers were entitled to demand goods answering the description in the contract, and were not bound to accept the goods tendered merely because they were merchantable under that description. Therefore Susan was being offered the product by the sales assistant by description which later failed to serve the purpose on which she had bought. According to the sale of goods Act 1979, a seller will be held liable "were the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the sellers skill or judgment and the goods are of a description which it is in the course of the seller's business to supply, there is an implied condition that the goods shall be reasonably fit for such purpose. Further where goods are bought by description from a seller who deals in goods of that description there is an implied condition that the goods shall be of merchantable quality" 3 This can further be illustrated Henry Kendall v. William Lillico 1968 2 All ER 444 4 where animal food was being made using groundnut extractions from Brazil. The Brazilian food was contaminated by a poison Aflutoxin . At the time there was no reason to suspect that any ground next extractions might contain poison. P, Hardwick game farm, raised pheasant and many of them died from the poison which was contained in food supplied by a local compounder, SAPPA. SAPPA settled but first brought in its suppliers, Grins dale and Lillico who in turn brought in their suppliers, Kendall and Holland. It was Held that on the findings of the judge there was a breach by third parties of the implied condition as to __________________ 3. Ibid 4. www.thomson.com.au fitness of purpose in their sale of the groundnut extractions to SAPPA, and since the extractions were not reasonably fit for use in compound food for poultry and it use in a compound food for pheasants was an ordinary and reasonable use. G. Ltd were liable to indemnity SAPPA in respect of the damage done to the plaintiffs pheasants 5 Therefore there is breach of condition on Susan's case because she had given description of the product she wanted, but the one that was offered for sale to her did not correspond to her description under the contract. Since Susan had already painted the outside of the cortege with the ever-last masonry paint that later peeled off and being the fact that she had already painted the outside cortege with paint, it means she cannot reject the paint, hence she will be entitled to recover damages. In C.F. Munro & Co. Ltd v. Meyer (1930) 2 KB 312 6 the buyer was held to be entitled to repudiate the whole contract for 1,500 tons of meat and bone meal, when

Reflection for professional development

Reflection for professional development Reflective practice has been recognised by health care professionals as an essential tool to link theory to practice, which can help us learn from our experiences (Jasper 2003a). During my first placement I experienced an incident that a struggled to deal with because I did not understand the condition that the patient had. By using a reflective model I am going to revisit this incident with the intention of learning from it to improve my future practice. There are many reflective models that I could have used, such as Johns Model of Structured Reflection, but the reason that I decided not to was because Johns (2004) reflects on uncovering the knowledge behind the incident and the actions of others present, which I felt was not suited to my chosen incident. The reflective model that I have chosen to use is Gibbs Reflective Cycle (1988), as I feel that this is a simple model, which is well structured and easy to use at this early stage in my course. Gibbs (1988) will help me to explor e the experience further, using a staged framework as guidance. Description what happened? I was assisting an elderly patient that had Parkinsons disease, with her drink. It was my second shift and I had not had much contact with the patients on the ward, but I felt confident enough to assist this patient as I have previous experience of care. I was holding the cup for the patient whilst she was sucking the fluid through a straw, but she was struggling as she wasnt sucking hard enough. She became distressed, and said that I was stopping the fluid from coming out of the straw and being evil towards her; even trying to kill her! I was shocked by her accusations but thought that there must be a logical explanation, so I stayed with her, reassuring and assisting the best I could, as I didnt want her to see that I was distressed. I then left the ward and immediately went to seek advice from my mentor. Feeling what were you thinking and feeling? Initially, at the time my feelings were for the patient, as I was concerned that my actions had caused her to feel threatened, but I didnt understand why. I felt embarrassed by her comments, and doubted myself, as this was a simple task so how could I get it wrong? I began to feel tearful, but then quickly reminded myself that there must be a reasonable explanation. Evaluation what was good and bad about the experience? I felt happy and confident to assist the patient. I referred to the Nursing Midwifery Council (NMC) code in my head and recalled that I should gain consent before offering to assist them NMC (2008), which she agreed. The patient appeared quite and I thought it would be nice for her to have some interaction, and to also feel at ease with a student nurse caring for them. The downside was that the patient felt that I was being nasty to them. It also made me doubt myself and the care that I was providing. I was also in a bay area, so other patients would have heard their comments. Would they then look at me differently, and not trust me to care for them too? Analysis what sense can you make of the situation? The patient had no recollection of what she had said to me and since the incident she has made these comments to other staff, which has put me at ease and made me realise that I had done nothing wrong. My mentor explained that a patient with Parkinsons can often behave like this as they develop dementia, which Noble (2007) also confirms. Since the incident I have read about Parkinsons and am now aware that the patients expressionless face Netdoctor (2008), also made her comments appear more confusing and aggressive. Conclusion what else could you have done? I could have asked my mentor before assisting the patient what the disease was like, so that I was prepared. I did ponder about calling over another member of staff, which may have helped me to understand that the patient had a condition that was making her act this way, but I didnt want to appear incapable of doing my job. Action Plan what would you do if this situation arose again? I am now more prepared for any future patients with this disease as I have researched it. I will take the time to talk to them, to make sure they are at ease with me, before providing any care. If they appear distressed I would get another member of staff to help me to reassure them. From my reflection it is clear to me that learning through reflective practice and being able to identify, and understand, my skills and abilities in both theory and practice are crucial for me to be able to act as a professional practitioner (Jasper 2003b). It is also important that I look at, and be honest about, the strengths and weaknesses that I have. So that I am able to identify these I have produced two Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis, one for theory (Appendix A), and one for practice (Appendix B). I am now going to explore these further, identifying the main areas that I feel are important to me, and my future development. My SWOT analysis for theory identifies my strengths, as a whole, as being very organised with my preparation for the work I have to undertake, with strong determination and motivation to succeed. (Appendix C) is a reflection that I wrote after completing my 1st week in university and demonstrates these qualities towards the course. It was important for me to realise that enrolling on a professional university course would mean that I became an independent learner, who must have strong organisational skills in order to succeed (Burns Sinfield 2008a). I believe that from my preparation this is a very strong strength that I have developed. The weaknesses that I have identified in my SWOT analysis for theory, that I feel will affect my grades in the future if they are not improved are referencing, revision technique and exceeding the word limit on assignments. I feel that these are weaknesses because they are new to me and as a mature student I have been outside of academic study for some time. (Appendix D) for example, is my feedback from my 1st assignment and shows how I have been penalised one grade point for exceeding the word limit. I will need to look at these weaknesses more closely and plan to improve them overtime, as Burns Sinfield (2008b) have commented, it takes time and practice to be a good student; we are not just born that way. My SWOT analysis for practice shows my strengths as wanting to help people, being determined to succeed, my willingness to learn and valuing people. These are all good qualities of a being a successful and professional nurse (NMC 2008). I have always had a caring nature and I am very determined to succeed and be successful in what I choose to do. (Appendix E) is a reflective journal that I wrote after my second week in placement and clearly highlights my strengths in practice. I feel that during my time as a student nurse I will build on these strengths even more. I have identified my weaknesses in practice, from my SWOT analysis, as communicating with difficult patients, showing emotion and aseptic technique. (Appendix F) demonstrates how I found it difficult to communicate with a patient because I did not understand her condition. It was also difficult for me not to take her behaviour to heart and show emotion at the time, it is clear that this is an area I need to build on for the future. I also need to practice my aseptic technique as I feel very unsure of the whole process, but need to be able to get it right as it will protect me and the patient from contamination (Dougherty Lister 2008). According to Bulman Schutz (2008), nursing requires effective preparation so that we can care competently, with knowledge and professional skills being developed over a professional lifetime. One way this can be achieved is through what Schon (1987) refers to as technical rationality, where professionals are problem solvers that select technical means best suited to particular purposes. Problems are solved by applying theory and technique. However, Bulman Schutz (2008) argue that this is failure to educate and for us to learn from practice and develop thinking skills. I would agree with them, as I learn best from practical experience, and build on it to improve my skills. With this is mind, I am now going to focus on my weaknesses, in both theory and practice, and state how, when and why I plan to improve on these. Theory Weaknesses Weakness Identified Referencing This is very new to me and when writing my 1st assignment I found that it took up much of my time, as I struggled with it. Revision Technique According to Cottrell (2008a), reading through notes over and over is a pitfall with revision. This is the strategy that I would normally use. Exceeding the word limit on assignments I must take more care with this as on my 1st assignment I was penalised for it. How I Plan to Improve Referencing To practice writing out references from different sources. Revision Technique I have decided to use the advice of Cottrell (2008a) and produce index cards that ask me questions relevant to my chosen subject. I will also produce a timetable in order to manage my time. Exceeding the word limit on assignments I will count the words manually and make sure that I do not use the whole +10% again so that I am in danger of being penalised. When I Plan to Improve Referencing When I receive my feedback from my 1st assignment I will use the comments on my referencing to guide me. Revision Technique I will start preparing my index cards immediately and plan my timetable to start after submission of this assignment. Exceeding the word limit on assignments This is the next assignment that I will hand in so I will make sure that I adhere to the word limit. Why I Plan to Improve Referencing Referencing plays an essential part within my writing Gimenez (2007), so correct use and structure of references will improve my grades. Revision Technique Improving my revision technique will mean that I am more relaxed before an exam, and will help me to achieve better grades (Cottrell 2008a). Exceeding the word limit on assignments Adhering to the word limit as Cottrell (2008b) suggests, will improve my grades in future assignments. Practice Weaknesses Weakness Indentified Communicating with difficult patients On my 1st placement I experienced a patient that had communication difficulties which I found difficult to deal with. Showing emotion I am a very sensitive person and feel anxious that I will get upset in front of a difficult patient, or a patients family at an inappropriate time, e.g. patient death. Aseptic technique In practice I need to get this procedure right, but I do not feel 100% confident with it at present as I have not had much practice with it. How I Plan to Improve Communicating with difficult patients I will observe as much as possible my mentor, and other nurses communication skills. Showing emotion I will use reflective models to make sense of what has happened, and also discuss it with my mentor. Aseptic technique I have asked my mentor if I can practice this procedure as much as possible. When I Plan to Improve Communicating with difficult patients Each time I am on placement I will plan to improve my skills in communication. Showing emotion I will start to use reflective models in my practice now so that I have experience of using them ready for when an emotional situation happens. Aseptic technique During the rest of my time in my 1st placement I plan to practice this so that I am comfortable with it by the end of my 1st semester. Why I Plan to Improve Communicating with difficult patients As a student nurse, and in line with the NMC (2008), I should make the effort to meet patients communication needs to provide the best care that I can. Showing emotion I want to appear professional to patients and their family, however I do agree with Scott (2008), that sometimes we should not be afraid to show emotion as a nurse, as long as we maintain our professional image at the same time. Aseptic technique The correct use of aseptic technique will protect myself and the patient from healthcare associated infections (Hart 2007). It will also prevent infections from being spread around the rest of the ward, which could harm other patients. I have clearly demonstrated that by using a reflective model as a guide I have been able to break down, make sense of, and learn from my experience during my 1st placement. So that I could identify my strengths and weaknesses in both theory and practice easily, I found that the use of a SWOT analysis provided a good framework to follow. I have then built on this by producing a development plan that focuses on my weaknesses and how, when and why I plan to improve on them. I will now begin to work on these, the main reason being of course, that I am determined to be a competent, professional nurse in the future.

Neaera the Great: An Explication of One Woman’s Movement to Power :: Creative Writing Essays

Preface Though we are discussing ancient times, this paper is not traditional academic work. The subject (and I mean that in more ways than one) of my focus is a woman named Neaera who is placed on trial for proclaiming herself and her children as citizens of Athens, even though she is widely viewed as a prostitute of foreign birth. My central contention throughout this discussion is that she is a woman of extraordinary courage and to an incredible degree, takes control over her circumstances and makes powerful choices. In tune with this description, I choose to write in a style that accurately reflects the reverence that I hold for Neaera. Rather than an analytical exchange of observation, I intentionally take the tone of someone who is much like a boxing promoter. I place myself firmly in Neaera’s corner and instead of articulating her greatness through the shadowy form of a third person who remains academically objective and unattached, I take a direct stand for he r as a praiseworthy historical figure. To this end, I write from the first person with the motive to reveal and uplift Neaera’s impressiveness and I adopt a general manner of speech atypical to academic language. Additionally, I use of myriad of persuasive methods that are relatively uncommon and I do so because, fundamentally, Neaera is an uncommon and atypical character. In light of this revelation, the least that I can do is to make sure that my form and content align as a means of writing a paper that is outside of the norm in order to honor a woman who consistently chose her own way. In other (more effective) words, Neaera rocks and I’m willing to rock out in order to make sure that she gets the props that she deserves. Neaera the Great: An Explication of One Woman’s Movement to Power Consider the possibility that how we listen to people creates the way life will be for them as well as for ourselves. Is this a radical statement? Perhaps. Many of us hold fast to the idea that we are the controllers of our own fate (myself included) and that, for instance, even if someone listened to us as if we were never going to amount to anything that would ever resemble success, we would eventually triumph in the end (especially against the odds stacked against us by would be detractors).

Is popular culture the strongest influence on identity? Essay

First of all, what do you think is the essence of popular culture? Popular culture is the accumulated store of cultural products such as music, art, literature, fashion, and others that are consumed primarily by non-elite groups such as the working, lower, and middle class people. And that means YES; pop culture is strongly influential to a young person by cause of its fancy and alluring looks or other reasons. Why do you think it would affect or can strongly influence some young person or even adult’s identity? Well, the answer is simple, it’s predominant, and when some things are predominant like fashion or music, people will emulate it simply because they see other’s doing it or it is in trend. Why do you think some of our countrymen do not try to patronize some things like fashion or music? For me, it’s because they see it as â€Å"dated† or what we call â€Å"baduy† as a result of a certain thing for not being popular. But in other sovereign state, when they make something, it will be viral and be pursued by other countries, and we’re one of the crowd. While our country, when we do something new, they will criticize it even if they haven’t seen it, and that kind of attitude should be ousted by our fellow law abiding citizen. We can hinder this kind of mindset by patronizing our own culture, like listening to OPM’s or what we call Original Pilipino Music. We can also promote our Filipino designers by sharing their designs on social networking sites because we all know that these mediums are powerful. Not only music or fashion should be endorsed, but also our rich culture. It is our only reserve that we should be proud of and pass it to the next generation because that’s where we came from. What do you think will the next generation be patronizing if we will not teach the kids who’s younger than us? Of course, it will be pop culture! Try it, try to listen to OPM’s, share a design of a not-so-popular designer who you know or try to invent new but little things that you can do. By doing those kind of things, we can help even if it’s a small thing. You don’t have to be extravagant just to help. We can change this while it can be hindered.

If I Were the Prime Minister of India Essay

If I were the Prime Minister of India, what would I do to make India a super power by 2020? â€Å"where the mind is without fear and the head is held high†¦ Into that heaven of freedom, my father, let my country awake†. Tagore and so many other leaders of our country envisioned an India far better than what we have made it today. Easy though it may be for us to blame it on the ‘corrupt political leaders’ or the ‘useless government’, the truth lies in the fact that they are also one of us. we have elected them. if we point a finger at them, we would be pointing 3 fingers back at ourselves. e say we cannot change the system. What we don’t realize is that we don’t need to change the system, we need to change ourselves. we need to ask ourselves what we have done for the country and get positive answers. India is our country too not just the politicians and we must contribute towards building a better India, one envisioned by Tagore, by Gandhi, by us. A 14 year old, when asked by our president APi Abdul Kalam what she would like to be when she grows up, replied, 9 would like to be a citizen of developed India†. To most of us, this is developed India as we believe that no more development can be brought about what with the population explosion, the corruption and the poverty. Instead of spreading awareness regarding population control, reporting the acts of corruption or spreading literacy to help poverty ridden people secure a minimum standard of living, we choowe to just sit back and criticize about the laws of the land. we have learned to resign and do nothing and have become fully convinced that India is in a hopeless situation and can’t be helped. But that is only because we have chosen to adopt the easy way rather than the right way. It’s high time that we woke up and realize the consequence for our decisions will ultimately harm or benefit us. Mr. S. Saravana, 26 years, diploma holder in electronics and communication engineering living in a small district of Mittur, has taken up the responsibility of spreading education. He and his teacher Mr. Munirthinam have picked out 40 senior secondayy school students who are above average but need proper coaching for future courses. Inspired by 87 articles written by Dayanand Saraswati, Saravana has taken unto himself the vow of making 10 doctors and 10 engineers, by giving proper coaching, before dying. In Hyderabad, Ajai Gosh, 37 years, has been a painter for ten years. He had not received any primary education and thus has spent almost his entire income of ten years on children’s education to ensure that they get the basic knowledge and do not suffer like him. These men chose to make a difference and however little, they did it. There was once a man walking on the beach during low tide when he saw another man who was picking up the millions of shellfish one-by-one and throwing them back into the ocean. He said to the other man, â€Å"Are you crazy? Its low tide. There are millions of shellfish on the shore. You can’t possibly