Writing essays in college
Essay Topic For Ethics
Thursday, August 27, 2020
The Namesake of New Types of Power Structures Essay
The Namesake of New Types of Power Structures - Essay Example Abuse of intensity is likewise apparent in Adolf Hitler method of initiative (Helgesen, 2008). Like how Machiavelli used to utilize power to lead and manage the foes, very similar things was rehashed by Adolf Hitler. The Austrian - brought into the world German tyrant, is name purpose for Machiavelli dependent on the tyranny he delineated during his standard (Gallagher, 1991). The order and abuse of intensity that Adolf Hitler utilized can be contrasted and that of despot Machiavellian (Callanan, 2004). The motivation behind why I have made the choice depends on the way that despite the fact that the subjects that Adolf Hitler managed were honest, he felt free to open them to unsafe and dangerous circumstance that left them crushed. The despot Machiavellian was known for ruthlessness and duplicity which he depicted at blameless Italians simply like how Hitler did to the Germans and others. The facts confirm that force is abused by people, it results into sabotaging of other people who are not incredible. Cheating and degenerate exercises happen when a person with power begin coercing others. Force ought to be utilized fittingly considering the individuals who don't have capacity to extract over others. Callanan, A. (2004). What might Machiavelli think? A diagram of the administration challenges in group based structures. Group Performance Management, 10(3/4), 77 8 3. Recovered from the ProQuest Central
Saturday, August 22, 2020
buy custom Cluttering a Condition essay
purchase custom Cluttering a Condition exposition Sound-related preparing issue is firmly connected with jumbling a condition which is portrayed by constant word reiterations. The nonstop examines that have been finished by masters have demonstrated that this condition can be enormously improved by persevering practice or sound-related preparing. Phonemic or relating mindfulness techniques can likewise cause an improvement in importance parade. Preparing that is intended for sound-related coordination might be exceptionally useful to a youngster with sound-related handling issue. The reasonable treatment for this issue is as yet obscure and the vast majority of the occasions it may be misdiagnosed with SLI. Different occasions an individual may have both sound-related preparing issue just as explicit language impedance issue. Sound-related handling is essentially the capacity to react, tune in and appreciated to the specific data that has been spoken. All together for legitimate recognition to be completed one needs to obviously comprehend what sound-related handling is about. Different angles that are identified with sound parade incorporate sound identification by the external ear and legitimate transmission of the caught sound by the mind. One of the perspectives that are significant in fruitful location of this request incorporates legitimate comprehension of the current contrasts among discernment and parade of sound and discourse in a given person. Its imperative to recognize the limit that one has in handling the apparent discourse or sound. The motivation behind why this is stressed is on the grounds that they are kids who can impeccably hear whatever has been addressed them and totally neglect to comprehend the significance of those words. Handling issue have not been given a lot of consideration by experts (Bellis, 2003). This is on the grounds that sound-related handling issue have been perceived in the ongoing past. Numerous individuals understand that they have the turmoil when they have grown up. This so in light of the fact that such individuals will in general expect that others are well prepared tohandle issues like commotion well than others. Others expect that its ordinarily to neglect to get a handle on certain ideas that are spoken by others on account of the various capacities in acing intellectual aptitudes. Kids brought into the world with sound-related handling issue are bound to have learning challenges in primary schools in light of the fact that the principle type of correspondence is sound-related or verbal. Other youngsters may neglect to create expression however they have immaculate psychological aptitudes. Guardians are prescribed to take their youngsters to an audiologist on the off chance that they presume that the kid has sound-related preparing issue. This is fundamental for appropriate conclusion of the sickness since it has comparative attributes with other related issue (Bellis, 2003). Types of Auditory Processing Disorder Its likewise significant for such a parent to visit a discourse language pathologist on the grounds that sound-related handling issue can influence a kid with a legitimate hearing limit just as a youngster who has lost his hearing capacities. Its recommendable for kids with hearing issue to experience sound-related preparing tests. Sound-related Processing Disorder is partitioned into various parts for example maintenance shortage where the capacity to process the given data decline with decline in the boost length. For this situation the length of the expressed explanation decides the limit wherein that data will be prepared. Another piece of the sickness is the shortfall in the limit of the data. This basically alludes to the troubles that one have in handling and seeing data spoken at the same time. Such an individual should be given time in the wake of passing a specific data for parade of the data before another message is spoken. Individuals with such a complexity normally get their importance from the apparent sound consequently they need to reason out before talking anything (Hughes and Pensak, 2007). Another formm of Auditory Processing Disorder is demonstrated by the development of clamor implying that parade of data exacerbate when more data is given simultaneously in light of the fact that its apparent as commotion. At the point when this happens the framework preparing the data in the mind may close down on account of the over-burden. Kids with such issue can benefit from outside assistance since they can be instructed to flag in the event that they forget about what was being conveyed to them. This can be of much assistance in learning on the grounds that the kid will in any event get the opportunity to make up for lost time from where they forgot about that which was being spoken. Others with this issue may naturally lose the main portion of the data that was being imparted. In this way such individuals are in relation to hear the second piece of the data as it were. This part is essentially alluded to as eased back tune in; for example if its a kid they will just have an idea of whatever data that was being conveyed. This is hazardous on the grounds that the entire idea of that data isn't gotten a handle on and this can influence adapting adversely. Such kids or individuals can be helped by being educated that the discourse is going to begin preceding the specific discourse. This helps a great deal on the grounds that the mind will have been motioned ahead of time that correspondence is going to happen (Hughes and Pensak, 2007). The last type of Auditory Processing Disorder is the irregular sound-related discernment. For this situation the preparing arrangement of the influenced individual is as a rule on and off. The individual seems to get a handle on idea at a given time and at other time they totally neglect to process the expressed data. In such a situation the influenced individual is educated to change the seating position at whatever point that occurs. They can likewise move the body somewhat on the grounds that it can help salvage the present circumstance. Individuals with such issues are prescribed to visit a nervous system specialist on the grounds that such inconveniences might be a sign of some genuine entanglements like seizures or even epilepsy. Purchase custom Cluttering a Condition article
Friday, August 21, 2020
7 Tricks To Make You a Faster Writer
7 Tricks To Make You a Faster Writer In case there were any doubts, we live in the age of instant gratification. Everyone wants everything right now. There are hundreds of blogs out there on time management with tips on being more productive, on squeezing more out of your day. So, its only natural that certain things notorious for taking a long time, such as writing, can be sped up, too. This isnt a bad thing. In fact, learning to become a faster writer means learning tricks to overcome writers block (oh, that pesky thing) and expressing yourself more efficiently. Whether you write blog posts for a living, or write novels or are working on your masters thesis, learning to be a faster writer is a great skill to hone. Here are some tips on how to write faster: Do Your Research First One of the things that will hamper your writing speed is trying to write while researching. Jumping between your text document and your research will lead to a lot of stops and starts in the writing process. It will make you to go off track and lose your momentum. Your writing will not only be slower, but will likely reflect this disjointed method. Instead, do your research first. While researching, youre already beginning to assimilate your main points in your head. You can take a few notes while youre researching, if necessary. If its a longer piece, notes will be helpful for sure. If youre writing an article, you can write down the subheading ideas. By the time youre done with your research, you should have a good idea of what you want to say and you can start writing. Freewrite Freewriting is when you write without stopping for a determined period of time. You can write whatever comes to mind, just dont stop. This form of writing, especially if your research is fresh in your brain, can lead to fast and productive writing process. During freewriting, you dont edit, pause, use the backspace or spell-check. Just get the ideas down. Afterwards, you can go back and clean up your ideas, use the spell-check and do your editing. But the important thing is to give yourself the chance to get the words out without being hampered by constant self-editing. Stay Away from the Internet Since youre probably writing on a computer, it can be so tempting to start clicking around on dangerous sites such as Facebook, Twitter or Gmail. Dont do it. A few innocent minutes of scrolling can turn into an hour or more of procrastination. Dont cheat by using your phone or iPad to check either (I speak from experience). Think of it this way: if a runner is training to run a faster 400m race, he wont get faster if he strolls off the track and starts chatting with his friends around the water fountain. Stick to the track and train. Thats the only way to get faster. Set a Timer Maybe youre the type of person who responds to pressure. If so, give yourself a challenge by setting a timer and seeing if you can finish your article or chapter before it goes off. As the timer starts to run out, you may feel a rush of adrenaline kick in and suddenly the ideas start to click and your fingers start to fly. Even if you dont finish in the time you set aside, you managed to get some words down and thats better than you were doing before the exercise. Setting a timer can also be a great way to focus on writing. Make a rule that while the timer is running, the only thing you can do is write. Even if youre staring at a blank document for a good portion of the time, your mind is focused on the topic youre writing about. It may not seem like it, but a lot of writing is actually just that allowing the space to stare at a blank page and wait for the ideas to form. Without that space, the ideas will get lost in the distractions. The timer is a good boundary-setter for those who have problems setting limits on their own. Use a Different Word Processor For some writers, the standard MS Word doesnt provide the flexibility they need to be efficient. With all the new thought organizers and word processing programs out there designed to give you the power to restructure your documents at will, why not try one? A little bit of reorganization may be what you need in order to become more efficient. Try Scrivener or Evernote. These programs can be especially helpful to novelists and those working on a masters thesis or PhD. Dont Be a Perfectionist If you want to write faster, you may need to loosen up a little. What I mean by that is that you may need to learn to let go of your idea of the perfect essay (or novel or thesis) and just write the essay youre able to write with the skills you have right now. Some writers hem themselves in with perfectionism. Giving yourself the freedom to be imperfect will give you the courage to express yourself more freely and completely. And this means youll also write faster. Handwrite Want to be a faster writer? Stop writing on a computer and start handwriting. First, theres no internet in your journal, so you wont be tempted by that distraction. Second, theres no backspace or spell-check, so you wont spend your time erasing your thoughts or correcting your spelling. Most writers who handwrite find that they write more deliberately and thoughtfully. There are no typos. And hand-writing rarely leads to crossing out entire sentences or paragraphs the way that typing does. You may find that not only will your speed increase, but the quality of your writing will too. Give it a try. Hope these tips get you writing faster. Happy writing!
Monday, May 25, 2020
Racial Profile - Free Essay Example
Sample details Pages: 5 Words: 1590 Downloads: 4 Date added: 2019/06/24 Category Management Essay Level High school Tags: Profile Essay Did you like this example? Racial profiling is one of the most controversial topic that is discussed, the dissimilar of social substances on blacks and whites is as of late focused on interactions between racial minorities and the criminal justice system. Disputable connections between law enforcements and black Individuals has had many fixating on racial profiling or maybe the illegitimate utilization of power, has of late gathered global attention. High experts incidents have expanded public awareness and investigation of law enforcements strategies and the unbalanced social control of black individuals (Thomas, 2017). Donââ¬â¢t waste time! Our writers will create an original "Racial Profile" essay for you Create order Negative stereotypes of criminal conduct as a natural normal characteristics of any race male may have an immediate connection to profiling, to some extent by improving the probability that officers will see them and their behavior as suspicious. It has been explored whether the impression of racial profiling by the public and private law authorize in different settings are dependent upon indicators of racial or symbolic threat, to some degree to the discretion gave to both public and private enforcement, their activities as far as reaching keeping and directing a limited search of a perfume speak to a basic point which community sentiment, especially impression of risk are likely impact social control. Racial profiling has been brought to many law association to be used as a way to profile an individual through their race, though many researchers have said this method work very well others will say to profile an individual should not be profiled by their race. In cases where racial profile are needed is expected that given such an affinity, to stop, search or investigate members for such groups differentially will help control wrongdoings. That, is if it is assume that such measures take out more crime that other measures for comparable consumptions of assets and interruption. Two unique issues are usually conflated in the discussion of racial profiling. The first is the utilization of race as an information transporter for investigative purposes: the second is the abuse of police authority where numerous if not most exchanges of racial profiling are essentially worried about the first issues and give careful consideration to the refinements among these two issues. Research have said that racial profiling activities end to stand out mostly newsworthy when they are combined with abuse police behavior, regardless of whether inconsiderate words, demeaning demands, or physical force. Subsequently, when racial profiling is discussed abuse quite often assumes a conspicuous job. Therefore, it is necessary to determine if racial profiling has impact and brought revolutionary activities. Since racial profiling has brought many controversial and method in law enforcements many will say that it has brought certain situation like Terrorism. The objective of this study is to at the same time look at the impact of individual and community factors on views of racial profiling, a basic are of first contact with law enforcements. Racial inclination in such front end process focuses might be especially consequential because of the total nature of handling differences (Thomas, 2017). In response, arguments have seem to succeed to whether one considers profiling an a bad method to law enforcements or takes it to be a training that somewhat establishes racial discriminations. The point remains that racial profiling without harm or frustration does not causes the dominance of the mischief and dissatisfaction as numerous individuals think it causes. The current study survey s whether indicators of racial and representative threats differentially influence racial backgrounds views of racial. Profiling in various settings and by different law enforcements bodies. Therefore, it is important that reports from racial profiling include revolutionary impact and have sufficient information by prior researchers that can conclude answers to. Revolutionary activities due to racial profiling. Literature Review Racial Profiling Racial profiling is a controversial issue in the US law enforcement policy. The implementation of using race as a part of a profile when attempting to identify criminal activities has been used various ways. The perception of racial profiling has many negative stereotypes of criminal behavior since the following of the terrorist attacks on America on September 11, because of this event there has been much discussion on racial profiling. This has been a very known event that grasp on everyones attention, especially those in the law force because racial profiling has been used as a tool to profile a criminal. Racial and ethics minoritys have been found in many studies to hold more negative aspects on the views of the law enforcements, this is very common in criminal justices. However, racial profiling has be inclined to debate whether the utilization of demographic indicators such as race ought to be allowed for specific purposes or be illegal completely (Thomas, 2017) scholars workin g around the area of the policing have tended to treat racial profiling in a moderately clear and legalistic way. Several studies investigated in the last decade that numerous US citizens accepts racial profiling to be a noteworthy issue afflicting US police agencies. Shaun A. Thomas, Kyle A. Burgason , Timothy Brown Emily Berthelot (2017) published their study is it all about race? , this study is the threat and perceptions of racial profiling by law Enforcement. The study tends this limitation by drawing on hypothetical structures featured in the growing body of minority contact with the criminal justice system (Thomas, 2017) prior studies are more concern on the citizens perception of these type of profiling. Findings has shown that because of these studies it has been suggested that blacks are more likely to commit a crime, or be stopped by a law Enforcements at any type of settings, according to (Berthelot, 2009). This studies explain how racial profiling affect society and peoples perception on which kind of individual are more likely to be affected on, especially on minority groups sinc e they are being threatened. The racial threat viewpoint centers around heterogeneity and rivalry, the symbolic threat centers around impressions of gathering differences and dangers to the normative social order (Thomas, 2017). Experienced researchers conducted a study that adds to the developing of research evaluating racial profiling by clearing up the individual level characteristics and total level social mechanisms influencing individual perception of profiling. Due, to some extent to the discretion gave both open and private law enforcements officers, their activities as far as reaching, confining and directing a limited search of a suspect to a basic point which community sentiment, especially perception of threats are probable going to impact social control (Thomas, 2017). The authors evaluated the impact of the racial profiling by analyzing 1211 respondents to an attitudinal survey of Pulaski county, participants were based on calls and were asked question about the widespread of racial profiling by municipal law enforcement personnel depending on the setting on the situation. It appeared then that racial threat are critical indicators of perceptions that profiling is far reaching in the local comm unity. Of course, the relative size of the black population was emphatically associated with perception that profiling is widespread. Revolutionary Activities It is without a doubt a reality that the tragedy of September , has completely altered American reasoning and arrangement course in both domestic and international terrorism strategies (Brighton,2005). According to the article racial profiling did not only begin after September, it has been long standing practice of American law enforcement. Racial profiling as any police started activity that depends on the race, ethnicity or national root as opposed to. The conduct of an individual or information that leads the police to a specific person who has been recognized as being or having been occupied with criminal activity. Historically, it very well be seen that Arabs are not the only one with the current encounters of racialisation, or for this situation , racial stereotype in America. World War II introduced comparable to racial demeanors toward Japanese Americans, who were seen as inept of administration in the military of the United States after the bombing of Pearl Harbor (Brighton ,2005). In the winter of 1994-1995, a claim in New Jersey superior court accused state troopers with racist practices at police checkpoints on the New Jersey road. Troopers ceased drivers dependent on race, the Gloucester county public defender charged and utilized questionable solid arm strategies to evoke assent for searches(Seigel,2017). The general population question moved from whether racial profiling happened or not to whether it was justified and how to end it, the term had become an adult , and started to advance the world over. In canada, Europe and Australia where shared frontier chronicles have left social structures genuinely near those in the US, individuals utilized racial profiling readily (Seigel,2017). Hypothesis There are two hypothesis for the present study. First, based on the impact of racial profiling, it is hypothesized that racial profiling in general benefits any type of race community, in light of the fact that most violations submitted by race are likewise dedicated against the law enforcements, an unbalanced off such crimes is committed by different racial backgrounds, overwhelmingly male, against more other race. These perceptions lead to twofold arguments I help of profiling. Second, crime targeting racial backgrounds and presumably young African American as an example is where racial background come from revolutionary activities. A thought experiment may be helpful, would profiling by age and race be justified, to differentially stop crime ? That would suggest that profiling may be in the interest in the crime legislation for a long time. It is further predicted that racial profiling occur currently and helps law enforcement with their job. As a result racial profiling has bee n going on since historical times that has been very revolutionary and it will continue to do so until it is unproven to not work.
Thursday, May 14, 2020
Ethical Dilemma Of Prison Privatization - Free Essay Example
Sample details Pages: 16 Words: 4828 Downloads: 4 Date added: 2019/05/15 Category Society Essay Level High school Tags: Ethical Dilemma Essay Did you like this example? Ethical Dilemma of Prison Privatization Introduction Prison overcrowding has become one of the most burdensome problems for the United States. For the past two decades, the number of adult offenders who get locked up in jail has doubled. The United States is one of the countries with the highest number of prisoners in the world (Selman Leighton, 2010). Donââ¬â¢t waste time! Our writers will create an original "Ethical Dilemma Of Prison Privatization" essay for you Create order Due to the ever-increasing number of prisoners, the government has been contracting private firms to offer prison services for government at a fee. The private prisons are facilities owned by private firms who have gotten into a contract with the government to offer space which acts as prisons. However, the issue of private prisons has become controversial for the last few years. Arguments have been on the ethical, economic and efficiency of private prisons as compared with the public prisons. While the proponents of the private prisons argue that it helps save costs for the government while at the same time enhancing efficiency, the critics hold the view that such an act raises ethical issues. Despite the claim that private prisons help save costs, a few related studies have shown that there is no significant cost difference between the private and public prisons and that this act of locking offenders in private prisons creates unethical business practice while at the same time infr inging the rights of many prisoners. Statement of the Problem America prison population has rapidly increased over the last few decades, with reports indicating that the percentage increase in the prison population is even higher than the population growth. The total number of state and local prisoners in the United States rose from 501, 886 to 2,228,400 between 1980 to 2012, representing 344% increase compared to the 38% increase in the population (Duwe Clark, 2013). This number prompted the government to hire private firms to provide prison services at a fee which is paid per head and depending on how long a person remains inside the bar. The rationale for prisons for profits is that the more the number of people in jail, the higher the profits. Claims have been raised that most private prisons are small in size and in poor conditions because the profit motive makes it difficult for the owners to improve the conditions. This has raised ethical issues in the way prisoners are handled amid reports that there is increased violations of their ri ghts while under the bars. Many studies have previously focused on studying the ever-increasing number of prisoners due to the drug offense. Very little studies have been done on the ethical dilemma in private prisons hence a gap exists which this research seeks to fulfil. Review of Literature History of Private Prisons in the United States Private prisons and jails have a long history in the United States, dating back to 1852. According to King (2012), San Quentin was the first prison in the United States, long before, it was later owned by the state. The privatization of the prisons became widespread with main services but the overall management of prisons was still under state control. In the early 1980s, the Corrections Corporation of America came up with the idea of running prisons for a profit. Due to the intensive wars on the drug policies, public prisons got overwhelmed with prisoners calling for the need to find an alternative facility. To help reduce the burden on the state prisons, privately owned prisons were created in 1983 led by the CCA. Earlier in the 1800s, private prisons were unheard of, practically none existed by then in the United States (King, 2012). Later after the CCA led in the first private prison, many others followed. What typically led to call for private prisons was the overcrowding of the prisons that resulted during the declared war on drugs. Private businesses saw an opportunity for profits and stepped in to provide a solution. This marked the beginning of many private prisons that have since become rampant in the United States of America. Private Prisons and Incarceration One of the most criticized aspects of private prisons is the mass incarceration of the citizens. Since private prisons are run for profit motives, the more prisoners a company holds, the more the profit. The argument is that most owners of the private prisons will want to have more people arrested so that they get more profit. Reports indicate that over the last two decades, the rate of incarceration has doubled, with a percentage higher than even the population growth rate (Pollock, 2014). Despite the ever-growing rate of incarceration, the method has proven to be ineffective in changing the behavior of offenders who continue to engage in crime even after serving their jail terms. According to Pollock (2014), most people who become incarcerated, especially non-violent drug offenders tend to show no positive behavior change even after being incarcerated showing that jailing has become ineffective. The aim of any form of preventing law-breaking should be to change the behavior of the individuals so that they avoid crime after the jail term. However, most prisons have failed to achieve this. Private prisons have been blamed for the ineffectiveness of the jailing process. Instead of focusing on rehabilitating the offenders while they are in prison, the private prisons see no incentive to lead a positive behavior change (Clear, Reisig Cole, 2018). The argument is that if they rehabilitate offenders, the number of the people locked up in prison will be reduced thus reducing their profits. This has been considered as an unethical business process of aiming to make profits from people at the expense of their rights. The more people that are arrested, the higher the profits for the privately owned prisons. It basically means that private prison owners can always wish that more people commit a crime so that they are jailed. Criminality and punishment of the lawbreakers is a sole responsibility of the government.By selling the rights of citizens to private businesses who are profit-oriented seems to be a violation of the rights of individuals. While the government goal of incar ceration is to reduce the rate of crime and offenders in the country, privatization of prisons can cause a conflict of interest and compromise the overall objective of reducing crime (Clear, Reisig Cole, 2018). Conflict of interest arises when the private prison owners get driven by profit motives rather than solving the community issue of minimizing crimes. Knowing that rehabilitating prisoners will make them change behavior and avoid crime, there will be no incentive to do this for fear of loss of business. As a result, the rate of incarceration has continued to be high, with reported cases of repeated crime by offenders after being released from jail. Quality of Confinement Questions have been raised about the quality of the private prisons as compared with the public ones. In a study to make the quality comparison of the two, various findings have been made. The findings have shown that the facility capacity for the private prisons is very compacted. The rooms are small, containing so many people. Because the motive for constructing a private prison had been for profits, many business owners tend to minimize on space and maximize the capacity so that the profit can be increased (Goodstein MacKenzie, 2013). The debate has been on the issue of confining a large number of people in a small room just for profit reasons. They tend to focus less on the profit rather than the quality of the facility in which people are locked up. The issue of ethics emerges when the rights of people are being violated for the sake of profits. Prisoners also have their own rights as any other citizens. They deserve better treatment even while they are behind the bars. When th e value of profit tends to outdo human value then the morals of the society are at stake. According to Cole, Smith, and DeJong (2018), most private prisons tend to have more than the recommended occupancy for a facility. The owners of the private jails do this to maximize profit, because the larger the number of inmates the higher the profits. With little focus on renovation of the facilities, many private jails are in worse conditions. Further studies have also shown that nurturing behavior change in a congested prison is difficult (Cole, Smith, DeJong, 2018). When the prison capacity is more than the required number, certain behaviors tend to emerge, which instead hinder positive behavior development. While this might not seem good for the society in general who seek to have their members develop positive behavior change, the private prison owners see it as a business opportunity to boost their profits. People leaving jail without having undergone positive behavior change are more likely to engage in repeat crime which takes them back to jail. It is unethical to do bus iness with the lives of people who can otherwise be changed for a better future. Despite the results of some findings indicating that private prisons can help save costs for the government, other studies have found controversy in this. According to the research by the U.S. Bureau of Justice Statistics, there is no significant difference in costs between the private and public prisons (Cole, Smith, DeJong, 2018). Profits for People The prison industrial complex has a set of bureaucratic, political and economic interests which enhance the spending on jails regardless of the needs has led to a faster development of prison facilities in the United States (Mason, 2013). The huge amount of $35 billion spent annually on correctional facilities is not seen as a burden to the taxpayer but rather as a profitable enterprise. Currently, over 100,000 individuals are held in the private jails (Mason, 2013). The ever-expanding rate of private prisons is a clear demonstration of the troublesome consequences that impact the society as a whole. While the current controversy surrounds the area of harsher sentencing that has led to increased incarceration, but scholars fail to discuss the incentive behind this. The motives for which the private prisons are set is for profit maximization (Mason, 2013). This could be at least a motive behind the strict sentencing laws majorly for the minor offenses so that many people can be convic ted. The political officials and private prisons corporations have set their interests by keeping the rate of incarceration as high as possible through harsher sentencing just to make money and more profit. Since the state gets into a contract with private prisons on the basis of cost efficiency, the state goes ahead to invest in the private prisons to save money. A mutual agreement to invest in private prisons plays a major role in determining the rationale behind the decision making. The dilemma is that private prisons owners demand the inflation of the prisons by increasing the rates of incarceration so that they can remain striving in business. In their annual report, Correctional Corporation of America which is one of the leading private correctional corporations indicated that their growth is highly dependent on many variables, including the sentencing routines and jurisdiction (Doty Wheatley, 2013). Any changes made to the law concerning drugs and illegal immigration could impact the number of arrests and conviction which could, in turn, affect their profitability. These reports show that the motive behind the private prisons corporations getting into the contract is for profit maximization. The view that growth of prisoners facilitates the growth in revenue then it is logical that these corporations will focus on achieving an economic ally enough number of arrests as well as rearrests if they are to maximize their profits (Doty Wheatley, 2013). The major function of the prison facilities should be to rehabilitate the inmates with the aim of making them better and returning them to the community as good people who will not return to the prisons in future (Crewe, Liebling Hulley, 2011). However, little attention is being paid to the need for rehabilitation as most funds get channeled into prison facilities. Private prisons require a fixed sum of money for every inmate in a day. This fee per day for each inmate is known as per diem. Undoubtedly, the revenue and profit get maximized when the prisons are at their full capacity. The IPO, which is an American private security company also noted that a decrease in the prison capacity could decrease the revenue as well as profitability (Crewe, Liebling Hulley, 2011). With this profitability motive, prisoners are viewed as customers whose presence is required for the business to continue being in operation. As in the ordinary business model, the more the customers, the higher the r evenue. This same logic applies to private prisons. The average actual occupancy for most of the private prisons is 80%. However, the occupancy rates in some areas have gone up to 100% full (Crewe, Liebling Hulley, 2011). In most cases, private prisons strive to have the facilities get near to full capacity because this would mean more profits. The increase in the occupancy rates would mean reduced operating cost per inmate when applying economies of scale. Therefore, other than just adding more revenue to the private prisons, more inmates also help lower the cost per head. Gaps in the Literature Due to the increase in more funds directed to prison services, fewer resources have been channeled to the rehabilitation programs. While studies have shown that incarceration is ineffective in achieving positive behavior change among individuals, no detailed research has been done on the impact of reduced resources on the rehabilitation programs. The studies that examine the effects of decreased investment in rehabilitation especially in the private facilities are limited and the results are always contradictory. More studies need to be done in this area. Proposal Problem Over the last few years, the rate of incarceration in the United States has been on the rise. This has been attributed to the strict laws especially on drugs as well as harsh sentencing. Reports indicate that the rate of incarceration in the United States has grown at a rate of 344%, a rate that is even higher than the population growth rate (Fulcher, 2011). While the focus has been to impose tough measures against lawbreakers, very little attention has been paid to finding lasting attention to the issue. More people continue to get imprisoned in the private prisons through which they get out without being rehabilitated and rearrests occur for repeat crime. Private prisons main motives are to maximize profits with little incentives to rehabilitate the inmates because the more the number of people in jail, the higher the profits. They also advocate for strict laws on minor offenses and harsh sentencing leading to more incarcerations because that is how they earn profits (Sigler, 2010) . The main dilemma is that instead of focusing on correcting the lawbreakers to develop a positive behavior change, they are used as customers to make more profits, with the aim of having more arrests. Instead of subjecting the offenders to private prisons which only use them for profit-making objectives, policies should be developed to help these people to have positive behavior changes before being taken back to the community as a changed person. Policy Proposal The major way in which the problem of the private prisons using inmates for profit motives can be solved by a combination of two major ways. First, justice is not for sale to people who make billions of dollars using private prisons. A law should be passed that bans the use and existence of the private prisons. This law should be implemented together with the rehabilitation programs where the excess resources used to pay private prison owners can be used to finance rehabilitation programs for criminals with minor offenses such as the use of the drugs. Legislation to Outlaw Private Prisons A comprehensive bill should be introduced that aims at banning the use of for-profit prisons, jails as well as detention centers for the immigrants. The use of private prisons has proven to be ineffective both in helping develop positive behavior change among the inmates as well as in terms of costs. People who spend time behind bars say how difficult it is to properly convey what it means to have someone else in full control of your movements. When this control is combined with profits, it can be very devastating. The absurdity of the private prisons whose roles should be to rehabilitate have now turned into economic motivations without considering their social missions. Ending private prisons would require a significant reduction in the mass incarceration that has been witnessed in the United States over the last few decades. Lawmakers should push for the end to private prisons who use justice for their economic benefits. A report by the Bureau of Justice and Statistics in the year 2013, there were a total of 31,900 federal prisoners and 92,000 state prisoners who were under the control of the private prisons (Friedman Parent, 2013). Based on these large numbers, passing a law that will ban the use of private prisons will mean a significant reduction of 124,000 prison beds. Elimination of the for-profits prisons and banning any option for privatization of the prisons should motivate the lawmakers to make their priorities right to help reduce the mass incarceration while at the same time minimizing the demand for the new beds. The Justice is not for Sale Act should include the complete elimination of the private sectors into any justice and correcti onal system so that such responsibility becomes entirely under the government. Also, the ban on the private prisons should have an effect on the racist implications in which people are locked up for profit basis. The blacks have disproportionately been incarcerated in all the justice system levels as well as the detention of the immigrants. In their push to end private prisons and reduce mass incarceration, the lawmakers need to take into account the racial disparity that exists in the criminal justice system. In order to secure its business, private prison industry have even taken an active role in influencing the lawmakers to make legislation that will protect their interests. An example is the industrys influence by participating in the drafting of Arizonas SB 1070 which legalized racial profiling. The legislators should stand with the people and help address this social problem. They must make legislation that is aimed at benefiting the public rather than just a few individuals. The lawmakers should pass a law that will completely eliminate private prisons because the system has proved ineffective and unethical. Rehabilitation Program Since the motives of the private prisons are to make profits, there is always fewer incentives to rehabilitate the inmates. Studies have shown that private prisons are ineffective in developing a positive behavior among the inmates. Most people get rearrested after they are released from the prisons, meaning that private prisons play no role in modeling the behavior. Because their profit depend on the number of prisoners/occupancy, the more rearrests they do the more the profit. The government spends billions of dollars annually in the private prisons leaving no resources to finance rehabilitation programs. After passing the legislation to ban the use of private prisons, a lot of the funds currently paid to these for-profits prisons can be invested in the rehabilitation centers where people with minor offenses such as drug abuse can be taken. Most of the people being locked up in the private prisons in general are criminals of minor offenses such as non-violent drug users as stated a bove who only require rehabilitation instead of incarceration. Rehabilitation has been useful and more effective in developing positive behavior change than incarceration. When more resources are diverted away from the for-profit prisons and channeled towards rehabilitation programs, more people will reform and get back to the community as a changed person. The aim of any criminal justice system and correctional facilities should be to enhance positive behavior change among the inmates and return them to the community as a reformed person. The use of rehabilitation centers as compared to the private prisons can be useful as it provides guidance and counselling to the victims while at the same time try to get the root cause of the problem. Guidance and counseling can help the victims to reform and get back to their lives as a better and more productive member of society. Implementation Plans The first step that the legislatures can do is to eliminate private prison lobbying and campaign contributions. This will reduce their influence on the political class who then make legislation in their favor. Carrying a mass campaign to inform people of the need for legislation to outlaw private prisons can be a useful starting point for implementation. Let everyone understand why this system is not right for the justice system of the country and lobby other lawmakers to support the idea. Mass campaign and lobbying will help attract more support for the bill thus making it easy to pass it into a law. Implementation Steps The first step to implementation of the legislation is to identify the need for the new law. All the stakeholders must be made aware of the need for the law. There should be proper recommendations and explanations on why the current law is ineffective and why a change of that particular law is necessary. The lawmakers must convince other members and stakeholders that there is a problem with the current law on private prisons and then initiate the need to outlaw it. The next step should be to obtain the support of all the stakeholders. Once the law has been drafted, it is important to communicate with those who are expected to carry out the policy. Meetings and conferences should be held to discuss the new legislation with all the stakeholders so that their support is obtained. Without the support of the majority of the stakeholders, it will be difficult to have an efficient implementation of the policy or the new law. In these meetings, there will be discussions on the need for the n ew legislation, the impacts it will have on the various stakeholders as well as allowing the stakeholders to address their concerns. After obtaining the support of all the stakeholders, it is appropriate to communicate with all people involved. This can include the law enforcement agencies, various ministries as well as the involvement of the judicial sector officials. During the implementation process, the implementing team must at every stage revise and update the policy. Continuous review is essential in ensuring that the implementation process is moving towards the right direction. The rehabilitation program, on the other hand, requires a policy development and implementation which will ensure that the program works effectively. A clear policy statement should be made regarding the allocation of a certain amount of funds towards the construction of the rehabilitation facilities as well as the hiring of the staff. First, it is important to communicate the need for rehabilitation centers to various stakeholders so that they provide the necessary support. This needs to be followed by a thorough campaign to create awareness for the need to implement the program. Without support from the stakeholders, an implementation might not be effective. The lawmakers should lead in lobbying the government to provide resources for the construction of the rehabilitation centers. The victims of non-violent drug offenders and other offenders of minor crimes should all be taken to rehabilitation centers where they undergo therapy treatment to develop positive behavior change. There should be a coordination between the law enforcement agencies and the rehabilitation centers so that all people arrested for minor crimes are all taken to the rehabilitation centers for counseling and therapy. Evaluation of the Policy It is appropriate to carry out an evaluation of the policy and the rehabilitation program to assess whether there are any positive results. After the ban on the private prisons and the implementation of the rehabilitation programs, there should be an evaluation of the whole process to identify areas which require adjustment. Normally, evaluation becomes the last step in the implementation of a new legislation, policy or a program. While doing an evaluation, various areas are covered which can include assessing whether the problem was correctly identified, if there were any important aspects that were overlooked, whether the policy has any positive impacts and if there are any needs for modification of part or the whole process. The evaluation, in this case, can involve determining the change in the number of incarceration over some period of time. The banning of the private prisons is expected to reduce the number of incarcerated in the country. If, after a period of time there is no significant change in the number of prisoners incarcerated, a modification of the policy needs to be done and identify areas where there was an error. A failure in the intended effect is usually due to either theory or program. A theory failure occurs when the policy was appropriately implemented but failed to meet the intended impact. This can occur for example when the banning of the private prisons fail to yield any positive impact on the number of incarcerated. A failure in the program can occur when the implementation of the rehabilitation was not done as planned thus resulting in no positive impacts. There are two methods that can be used to conduct an evaluation. The first method is the formative evaluation. If there were adequate monitoring processes in place, it should be relatively easy to detect if the policy, program or new legislation has been appropriately implemented. This method of evaluation analyzes and documents how the policy or program was implemented while at the same time having the objective of making further improvements and modifications. The second method of evaluation is the summative evaluation which involves full analysis after the program or the policy is fully implemented. While evaluating the policy, legislation or programs on the issue of private prisons, certain steps need to be followed. The first step to start with is to define the stakeholders who are involved in the implementation of the program. These are the people who will be able to identify areas which require improvement. The next step is to have the goal of the program or policy in mind. The goal is then compared with the outcome to identify if there is any positive outcome. This can be done by examining any change in the incarceration rates and reduction in the rearrests after one leaves rehabilitation center. A third step is to focus on the design of evaluation. The design can either be in the form of activities or the output. If the output which is a reduction in the number of incarcerations and repeat arrests is positive then the policy was effective. However, any negative output from what was expected means the process needs modification. Conclusion Many kinds of literature have shown privatization of prisons is unethical and ineffective in helping develop a positive behavior change in the community. Justice is not for sale and it is unethical and of no moral values to use the prisoners as customers who their large numbers lead to higher profitability. These for-profit prisons tend to enhance mass incarceration that has been currently witnessed in the United States. A facility which should focus on rehabilitating and reforming the inmates gets driven by profit motives at the expense of the rights of people. Lawmakers should pass a legislation aimed at banning any use of private prisons in the United States. This legislation when combined with a rehabilitation program can yield positive results amongst offenders. We need to help lawbreakers change their behaviors and return to the community a good people rather than using them as profit-making objects at the expense of their rights. References Clear, T. R., Reisig, M. D., Cole, G. F.(2018). American corrections. Cengage Learning. Cole, G. F., Smith, C. E., DeJong, C.(2018). The American system of criminal justice. Cengage Learning. Crewe, B., Liebling, A., Hulley, S.(2011). Staff culture, use of authority and prisoner quality of life in public and private sector prisons. Australian New Zealand Journal ofCriminology, 44(1), 94-115. Doty, R. L., Wheatley, E. S. (2013).Private detention and the immigration industrial complex. International Political Sociology, 7(4), 426-443. Duwe, G., Clark, V. (2013). The effects of private prison confinement on offender recidivism: Evidence from Minnesota. Criminal justice review, 38(3), 375-394. Friedman, A., Parenti, C. (2013). Capitalist punishment: Prison privatization and human rights. SCB Distributors. Fulcher, P. A. (2011). Hustle and flow: Prison privatization fueling the prison industrial complex. Washburn LJ, 51, 589. Goodstein, L., MacKenzie, D. L. (Eds.).(2013). The American prison: Issues in research and policy (Vol. 4). Springer Science Business Media. King, M. T. (2012). A history of private prisons. Prison Privatization: The Many Facets of a Controversial Industry [3 volumes]: The Many Facets of a Controversial Industry, 1, 11. Mason, C. (2013). International growth trends in prison privatization. Sentencing Project. Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice. Nelson Education. Selman, D., Leighton, P. (2010). Punishment for sale: Private prisons, big business, and the incarceration binge.Rowman Littlefield. Sigler, M. (2010). Private prisons, public functions, and the meaning of punishment. Fla. St. UL Rev., 38,149.
Wednesday, May 6, 2020
Happiness and the Purpose of Life - 1087 Words
ââ¬Å"Happiness is the meaning and the purpose of life, the whole aim and end of human existence.â⬠-Aristotle What is the purpose of life? This question has had a lot of controversy from ancient philosophers and even people today. Many people may ask this question, but few know the answer. Everyone is different and yet we all ask the same question. In my class right now there are twenty-three students. Students that have grown up together and long-time friends and some are newer than others. You can guess how a person will end up saying, ââ¬Å"oh, that person is going to make it far.â⬠Celebrities, musicians, teachers, parents, teenagers, and even adults have at one point asked: What is the purpose of life? Do we all have a destiny set up for us that we go along with according to plan? Or do we make our own choices, which makes our destiny? I think the purpose of life is to learn and grow from our decisions. We as individuals chose our destiny (AKA naturalism) and the outcome. Philosophers had many different opinions on there view of life. Aristotle believed that happiness was the central purpose of human life. He believed it depended on not only emotional but also physical well being also by achieving virtue. Aristotleââ¬â¢s theory is known as the theory of happiness. Because no matter how much money and wants that you have in the end (eudemonia) also known, as happiness is the only thing worth having. Buddhism believes that the purpose of life is to end suffering. TheShow MoreRelatedIs Happiness the Purpose of Life?1317 Words à |à 5 Pageswant happiness.â⬠So, whatââ¬â¢s the purpose of life? Is it to be happy? Everyone has that desire, to have happiness. We even base our decision we by how it will affect our happiness. In our life we experience happiness and unhappiness, but we are oblivious as to what happiness is. What comes to mind when thinking of happiness? Is it pleasure, the thought of the good life, prosperity, or is it something else? We wonââ¬â¢t be able to have a response to that question until we have a notion of happiness. WhenRead MoreAristotle s Happiness As A Central Purpose Of Human Life And A Goal868 Words à |à 4 PagesAristotle enshrines happiness as a central purpose of human life and a goal in itself. As a result his constant work on the topic has brought light on the subject than any other philosopher in history. Aristotle was convinced that a genuinely happy life required the fulfillment of a broad range of conditions, in conjunction with physical as well as mental well-being. Aristotle believed virtues led to happiness and virtues meant the act of achieving balance and moderation. More importantly, AristotleRead MoreThe Well Being Aristotle And Human Happiness1000 Words à |à 4 PagesOur Well-Being: Aristotle and Human Happiness What is the purpose of a human being? ââ¬Å"Happiness is the meaning and the purpose of life, the whole aim and end of human existenceâ⬠(Nicomachean Ethics). When one thinks about happiness, these words said by Aristotle allow us to understand its significance. Through Aristotleââ¬â¢s teachings, he made it clear that the point of life is to be happy. Aristotle uses the word happiness as having to do with a personââ¬â¢s life as a whole, and not as the constant desireRead MoreSocrates, Plato, and Aristotels View on Happiness1529 Words à |à 7 PagesWhat Is Happiness What is happiness, and how can one achieve true happiness? This is the ultimate question of life and what every person is seeking an answer to. Many feel that they have found their answer in belonging to the faith of their choice, but what is it that their faith teaches them that brings them happiness? The Philosophers Socrates, Plato and Aristotle all have a similar view on what happiness is and how to achieve it. Aristotles view is based on Platos and Platos is based on SocratesRead MoreThe Human Function as It Pertains to Happiness Essay1166 Words à |à 5 PagesThe Human Function as it Pertains to Happiness Humans have a function, according to Aristotle, and so it would follow that fulfilling that function makes us happy. Before we can establish that fulfilment of purpose results in happiness, we must first establish what the human function actually is, and also what constitutes good and happiness for humans. Aristotleââ¬â¢s arguments for happiness and human purpose help to provide answers to these questions, though as with all philosophical topics there areRead MoreHappiness : Is It Just A Thing?757 Words à |à 4 PagesHappiness seems familiar with many of people. It is not measurable, touchable, profitable, nor tradable. Yet, by describing through those word above, happiness is what human seek. Definitely, every people want to be happy and no one wants to be sad. They do not only want to have happiness, but also they want to have a lot of it. However, happiness, like an untouchable thing, is an impossible thing to grasp in oneââ¬â¢s hand. It is intangible. So how does one know if they have it? Is it just a feelingRead MoreThe Pursuit of Meaning Essay1219 Words à |à 5 PagesStampede! Before you know it, people are running, pushing, grabbing items off the nearest shelf, just for the sheer fact that itââ¬â¢s on sale. Happiness can obviously be bought, right? Wrong. Contrary to popular belief, the idea of acceptance, or in other words, the ability to be vulnerable towards other, is taking over this culture because of the search for happiness that Americans pride themselves in taking, and sooner or later, something needs to change. As defined by the online dictionary, vulnerableRead MoreAristotle s Argument For The Function Of Man1585 Words à |à 7 PagesNicomachean Ethics I.7, defined happiness as the central good that motivates all of manââ¬â¢s endeavors (function), in that happiness ââ¬Å"is in itself worthy of pursuit more final than that which is worthy of pursuit for the sake of something elseâ⬠¦ is always desirable in itself and never for the sake of something else.â⬠(NE 1.7, 1097a 32-34) What is interesting to note here, is that in this sense, happiness, rather than a mental state of the mind, is perceived as a good; happiness is something that serves anRead MoreEssay on Summer Reading756 Words à |à 4 PagesTo follow a life of success, happiness, and fulfillment will always begin by observing ourselves, from finding inner peace, figuring out your purpose, and pursuing it through hard work with the passion to commit in to our goal that will shape up our life. Without persistence and h ard work it is impossible to succeed. A life without direction could lead to a path of uncertainty and without contentment. Also a life without inner peace is a life without true happiness. To follow a life of success, happinessRead MoreEnglish Preliminary Speech : My Name Is Tom Hanaee1029 Words à |à 5 PagesConference. My name is Tom Hanaee, C: And I am Christian Damiano. If life gives you lemons, make lemonade. T: Now this quote may seem random and out of place, but it in fact reflects the entire purpose and conceptual focus of todayââ¬â¢s presentation. This seminar revolves around the exploration of meaning and purpose in an individualââ¬â¢s life, specifically as a response to the Aristotelian quote ââ¬ËHappiness is the meaning and purpose of life, the whole aim and end of human existence.ââ¬â¢ This quote that mimics
Tuesday, May 5, 2020
Business Law for Australian Stations Pty Ltd - myassignmenthelp
Question: Discuss about theBusiness Law for Australian Stations Pty Ltd. Answer: Introduction Annetts v Australian Station (2002) 211 CLR 317 is a leading case with regards to psychiatric injury covered under negligence and the injuries which are resulted from such tort. This particular case deals with the owed duty of care towards plaintiffs son, where the child of the plaintiff died, due to the mental harm caused to him. It was argued that due to the contravention of care on part of the defendant, the plaintiff had been injured, in form of the psychiatric injury sustained by them. When the matter was contested in the court, the claims were denied by the court to the plaintiff (Sappideen, 2009). To elucidate upon this particular case, the side of the defendant has been discussed and in addition to this, the facts of the case and the decision given in this case has been provided so that a conclusive summary of this case can be put forward. Factual Background James Annetts was the son of the plaintiff who left his home located in New South Wales in Aug 1986 and he was merely 16 (Quizlet, 2017). The reason for leaving the home was to join the work of the defendant which was in another state, i.e., in WA. The defendant had been questioned by the plaintiff before her son left NSW and the questions pertaining to the work conditions were asked. The defendant informed the plaintiff that her son would work in Flora Valley and at all time he would be properly supervised, share room with others and properly would be looked after (Federation Press, 2017). James worked at Flora Valley for 7 weeks. Despite the assurances given by the defendant, the son of the plaintiff was sent on 13th Oct, 1986 to work at a place which was 100 kms away from Flora Valley. The disappearance of the plaintiffs son was noticed by the plaintiff in 03rd Deb 1986 and he believed that James was indeed in danger or injury or even death. The plaintiff was only informed about their son being missing after three days. James father was informed over the phone regarding James having eloped from his place of work by a police officer of NSW. As soon as the father heard this news, he collapsed and the conversation was continued by James mother. Skeleton of James was discovered on 29th Apr 1987 after a lot of search. It was revealed later on that James had died as a result of exhaustion, dehydration and hypothermia on 04th Dec 1986. James had died in Gibson dessert which was quite far from the place where he was sent to work by the defendant (Federation Press, 2017). The defendant was blamed to be negligent by the plaintiff for James death. And a case for psychiatric injury caused to the plaintiff due to their sons death was initiated against the defendant by the plaintiff (Health Law Central, 2017). Arguments of Defendant The defendant clearly denies the breach of duty of care on their part and would at the very outset like to state that a duty of care was owed to James and not to the plaintiff. Hence, the very case made by the plaintiff should be rejected. In order to show that the defendant was not negligence, the very basics of this law have to be revisited in this case. Negligence stems from the breach of duty of care, which an individual owed to other (Harvey and Marston, 2009). Six separate elements have to be shown and these are obligation of care, contravention, result of contravention being loss or injury, remoteness, direct causation and lastly, foreseeability (Gibson and Fraser, 2014). For these purposes, the case of Snail in the Bottle, or as is otherwise known Donoghue v Stevenson [1932] UKHL 100 can be taken help of (Abbott, Pendlebury and Wardman, 2007). This case depicted that S, as a manufacturer, had a duty of care towards D, the consumer, as the product which was manufactured by S was consumed by D. Due to the contamination of drink as a result of presence of dead snail, the loss was foreseeable here and so, S was held liable. In the present case, the defendant in no case could have the knowledge that by listening to the news of their sons death, a psychiatric injury could be caused to him, as it was not predictable that James would die. So, the duty of care was at the most owed to James but not towards the plaintiff. The defendant would also like to highlight that the plaintiff themselves had been negligent. This can be deduced from the fact that the plaintiff had sent their son to work in an entirely new place with a stranger. Even though the defendant agrees that the plaintiff had enquired about her sons living and working arrangements and even questioned about the safety of her son. But it cannot be ignored that the defendant took adequate steps for locating the plaintiffs son, on the mere doubt that James was in danger (Australasian Legal Information Institute, 2017). Another case which has to be taken help of for showing duty of care is the case of Caparo Industries plc v Dickman [1990] 2 AC 605. In this particular case, threefold test was presented by the Court of Appeal (E-Law Resources, 2017). Three criteria had to be depicted for showing presence of duty of care, and these are, the imposed duty being fair; risk of harm being reasonably foreseeable; and proximity between parties (Lunney and Oliphant, 2013). In the matter before the court, the duty of care, as already stated was not present. This is due to the lack of direct link which the defendant and the plaintiff had. There was no foreseeability in the psychiatric injury by the defendant in a prudent way. In addition to this, there was no direct causation between the negligence of the defendant and the psychiatric injury of the plaintiff. So, in case the penalties are imposed on the defendant, they would be unfair (Australasian Legal Information Institute, 2017). With regards to the foreseeability of loss, the defendant would like to highlight the judgment of Wyong Shire Council v. Shirt (1980) 146 CLR 40. In order to show the presence of risk of harm, the judge stated in the quoted case that the view of a reasonable person had to be taken under consideration (Jade, 2017). In the matter before the court, no one, let alone the defendant, could have predicted that a worker would go away and die due to being lost in the desert. James had no purpose which required him to leave the assigned workplace. Hence, a prudent individual could not have foreseen or predicted his death. Also, neither the psychiatric injury was caused to James, to whom the defendant owed a duty of care, nor the same could have been foreseen, due to a lack of duty of care towards the plaintiff (Australasian Legal Information Institute, 2017). Deane J, in the case of Jaensch v Coffey [1984] HCA 52, highlighted the proximity of relationship, as well as, the foreseeability being present in a reasonable manner. This judge viewed that the individual would be deemed to have the capacity of predicting a certain aspect, only after contemplating the given situation. This had to be coupled with the type of relationship which attracted a legal obligation of acting in a manner which shows reasonable care, and for this, the interest of the others had to be considered. So, this case gave two cases for showing negligence, i.e., nature of relationship and the foreseeability of loss (Swarb, 2015). For considering the relationship in the present case, the sort of work which has to be handed over to an employee needs to be evaluated (Robertson and Tilbury, 2016). As has been stated by the defendant number of times, James was owed an obligation of care by the defendant, through the same was only related for the work that had been given to James. This duty was not stretched beyond the terms of the work. Hence, when James wandered off, which led to his death, the defendant could not be stated to have contravened his duties. In reality, James contravened duty of care which he owed to himself. Blaming the defendant for the same is unfair. An employer cannot predict if his employee would take off, so this loss was not foreseeable. Hence, a crucial element of foreseeability of loss was absent in case of the negligence claimed upon the defendant towards James. With regards to the plaintiff, the negligence again cannot be established as there was a lack of lawful relationship between the defendant and the plaintiff of this case. Only the deceased son was owed the obligation of care and that too based on the reasonability of the work given to him (Australasian Legal Information Institute, 2017). In order to show the presence of psychiatric injury in cases of negligence, it becomes crucial to show that the same resulted from an abrupt fright or when the same is in direct perception which takes place immediately after the incident. In the matter before the court, the disappearance news given to the plaintiff about their son was in a segmented way. Further, the news that James had died was given at a distance and even over a certain period of time. Hence, there was nothing which could be deemed as shock or immediate. Instead, the same could be stated as being agonizingly protracted. Exhaustion, along with starvation, is not things which have been witnessed by a lot of people. So, there was a differentiation in the sudden shock which the plaintiff received and between the parents who witnessed their child being mowed by a car. In the end, the defendant would like to highlight that there was an absence of foreseeability of loss sustained by James and the lack of duty of care owed towards the plaintiff (Australasian Legal Information Institute, 2017). Courts Verdict Court of Appeal of the Supreme Court of Western Australia in this particular case made a unanimous decision and rejected the plaintiffs appeal. Ipp J delivered the noteworthy ruling of this case. He stated that in order to impose an obligation of care on part of the defendant regarding the plaintiffs nervous shock, it had to be foreseeable in a reasonable manner. The plaintiff assumed a normal fortitude and the plaintiff had to exhibit the normal standards of susceptibility so that the claim made by the plaintiff pertaining to the psychiatric injury could be depicted. Along with this, an abrupt sensory perception had to be the outcome of a violation of obligation of care in a physical, as well as, temporal manner on plaintiffs part. Ipp J believed that this had to be shown for the case which could be considered as being so distressful that the psychiatric illness of recognizable nature would be suffered by the plaintiff (Allens, 2017). Stating these two points pertaining to the imposition of obligation of care, which was presented over the defendant of this case, the appeal was denied by the Court of Appeals. The court opined that in the matter of normal fortitude, it could never be foreseeable in a reasonable manner, and so, a claim for a psychiatric injury drawing from the same could not be upheld, merely because the plaintiff had lost their child. A recognized psychiatric injury had to be differentiated from loss of child, which is an ordinary incident and they both fell under different kind of loss. The plaintiff could not show before the court that between the plaintiff and the defendant, there was a certain amount of physical proximity, in time and space sense. Further, the court also held that due to the psychiatric injury taking place far away from where James had died, there was an absence of obligation of care. The court advised the plaintiff to accept that their son was no more and the same was not the d efendants fault. While concluding the case, the court rejected the appeal made by the plaintiff and the defendant was not held negligent (Allens, 2017). References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business Law. 8th ed. London: Thomson. Allens. (2017) 2001 Annual Review of Insurance Law - Duty of Care, General Tortious and Trade Practices Act Liability. [Online] Allens. Available from: https://www.allens.com.au/pubs/ari/2001/care.htm [Accessed on: 25/05/17] Australasian Legal Information Institute. (2017) Tame v New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 (5 September 2002). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2002/35.html?stem=0synonyms=0query=Annetts%20v%20Australian%20Station [Accessed on: 25/05/17] E-Law Resources. (2017) Caparo Industries PLC v Dickman [1990] 2 AC 605 House of Lords. [Online] E-Law Resources. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 25/05/17] Federation Press. (2017) Tame v New South Wales Annetts v Australian Stations Pty Ltd. [Online] Federation Press. Available from: https://www.federationpress.com.au/pdf/Tame%20v%20New%20South%20Wales.pdf [Accessed on: 25/05/17] Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Health Law Central. (2017) Tame v New South Wales; Annetts v Australian Stations Pty Limited [2002] HCA 35. [Online] Health Law Central. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 25/05/17] Jade. (2017) Wyong Shire Council v Shirt. [Online] Jade. Available from: https://jade.io/article/66842 [Accessed on: 25/05/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. Quizlet. (2017) Torts B Lecture #1--Pure Psychiatric Harm. [Online] Quizlet. Available from: https://quizlet.com/45679268/torts-b-lecture-1-pure-psychiatric-harm-flash-cards/ [Accessed on: 25/05/17] Robertson, A., and Tilbury, M. (2016) Divergences in Private Law. Oxford: Hart Publishing. Sappideen, C., at al. (2009) Torts, Commentary and Materials. 10th ed. Pyrmont: Lawbook Co, pp. 255-63. Swarb. (2015) Jaensch v Coffey; 20 Aug 1984. [Online] Swarb. Available from: https://swarb.co.uk/jaensch-v-coffey-20-aug-1984/ [Accessed on: 25/05/17]
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