Should there be any liability for Omission in criminal Law and if so, Dissertation

Should there be any liability for Omission in criminal Law and if so, how much it should be extended and Why Penalties for Omiss - Dissertation Example In some jurisdictions, the penalty involves depriving the person of his life. Because the punitive nature of criminal laws invades upon a persons’ rights, the nature of the offences must be such that a harm had been inflicted upon another by the deeds of the accused, which he had clearly intended, in order to justify the harshness of the punishment. These two elements – the offensive act and the malicious intention to inflict harm – must therefore be evident. However, where the offence done had been an omission to perform a deed, then the moral question arises as to whether the absence of an act would justify the imposition of punishment. This is the crux of the debate on criminal liability attached to omissions. This study explores the nature of omissions and the reason why certain types of omissions, and not others, would be worthy of sanction. Since omissions are construed as failure to perform a duty, the types and sources of duties are also examined to gain insight into the type of harm inflicted by the omission. The study delved into the philosophical arguments and set of attributes upon which to base an assessment of whether criminal liability should be attached to omissions. ... SIONS IN CRIMINAL LAW 12 2.1 Elements of a crime 12 2.2 Definition of ‘omission’ 12 2.3 Distinguishing acts from omissions 13 2.4 Omissions as a source of liability 14 Chapter 3: SOURCES OF DUTY AS BASIS OF OMISSIONS 18 3.1 Liability for omissions under the common law 18 3.2 Statutes that impose a duty to act 19 3.3 Failure to prevent or report criminal conduct 19 3.4 Duty arising from special relationships 20 3.5 Duty to avert a danger that was created by defendant 27 3.5 Failure to provide medical treatment 28 Chapter 4: TYPES OF SOURCES OF DUTIES 33 4.1 First type: voluntary assumption of duty 33 4.2 Second type: voluntary performance of an act that incurs a duty 34 4.3 Third type: justification without voluntariness 35 Chapter 5: SPECIAL ISSUES IN OMISSIONS 38 5.1 Corporate manslaughter by omission: omissions by police officers 38 5.2 Liability for omissions in international criminal law 43 Chapter 6: ANALYSIS 45 6.1 The central debate on attaching liabilities to omi ssions 45 6.2 The Act-Omission Paradox 48 6.3 Summary 50 Chapter 7: CONCLUSION 53 Bibliography 56 Table of Cases Airedale National Health Service Trust v Bland [1993] AC 789, All ER 821 Director of Publi Prosecutions v Santa-Bermudez, EWHC 2908 [2003] (Admin). Fagan v Metropolitan Police Commissioner [1969] 1 QB 439, [1968] 3 All ER 442, [ 1968] 3 WLR 1120, DC Lennard’s Carrying Co., Ltd. v Asiatic Petroleum Co., Ltd. [1915] AC 705. R v Adomako, [1994] HL R v Chattaway [1922] 17 Cr App R 7 R v Gibbins & Proctor, [1918] 13 Cr App R 134. R v Instan, [1893] 1QB 450 R v Khan, [1998] Crim LR 830 R v Lowe, [1973] QB 702 R v Stone & Dobinson, [1987] QB 354. R v Miller [1983] ] UKHL 6, 2 AC 161 R v Senior [1899] 1 QB 283 R v Yuthiwattana (1984) 80 Cr App R 55 Re B (A Minor) (Wardship: Medical Treatment)

Fundamental aspects of Program Evaluation and its difference between Essay

Fundamental aspects of Program Evaluation and its difference between pure research - Essay Example offer that view that the major purpose of evaluation is â€Å"to judge the merit or worth of the total program being evaluated, as well as the individual elements of that program." (Billings and Halstead, 2005, p. 543-544). On this basis, they state that the elements comprising program evaluation include weighing and interpreting data that is collected from multiple components of the program and then making judgments about the data that has been collected. When an effective evaluation process is carried out, then the people staffing the evaluation program document the impact that a program has on its participants, as well as the institutions that are participating in the program. According to Patton, program evaluation is the collection of information about the â€Å"activities, characteristics and outcomes of programs†, so that (a) it can form the basis upon which judgments are made about the program (b) the information and measures collected can be used to improve its effectiveness and (c) decisions about the future of the program can also be made (Patton, 1997, p 23). On this basis, it may be seen that program evaluation does not merely involve an assessment of how successfully a program achieves its goals. It also takes into account the manner in which the program is being implemented and the proceses being used to achieve this. Additionally, the program evaluation process must also introduce measures to deal with unexpected consequences and assess the potential long term implications of the program being evaluated (Patton, 1997, p 23). This is a particularly important aspect in program evaluation because the efficacy of a particular program will determine whether or not Government funding for that program will be continued. In the case of educational programs, learning is a critical component of program evaluation and is the main determining factor on how effective the program is. Therefore, the process of program evaluation must also pay close attention to

Cronulla Riots Essay Example for Free

Cronulla Riots Essay The beachside suburb, known by residents as Gods Country, saw the spread of violence in a series of ethnically motivated confrontations in the week of December 11th 2005. This day saw the gathering of nearly 5000 people, most of Anglo Celtic background, some locals, some from other Sydney beachside suburbs such as Maroubra and Brighton, in order to reclaim the beach after two middle eastern youths attacked Cronulla lifesavers earlier in the week. The notification of the gathering was sent via mobile text to people all around Sydney, inviting them to join in the fight for Australians right to reclaim their beaches. Violence broke out due to a combination of mob mentality and alcohol and many ethnic individuals were attacked and assaulted. Signs and t-shirts read discriminatory sayings such as Fuck Allah, Save Nulla, Love it or Leave it, Wog Free Zone and We grew here, you flew here. The following nights saw incidents of retaliatory violence and vandalism by those of Middle Eastern decent; throughout Sydney, and from Wollongong to Newcastle protests of both sides were present. Police locked-down areas of Sydney including Western Sydney, guarding those who were to enter and leave and searched cars and checked identification for those entering the Sutherland Shire area to avoid the occurrence of further incidents. The fight divided many of Sydney, and called for Australians to address their notions of the identity of Australians or more specifically, what is to be Australian? the community was shock to see such violence in a quiet neighbourhood.

Environmental Law Essay -- essays research papers

Nollan vs. CCC Abstract of: 483 U.S. 825, 97 L. Ed.2d 677 James Patrick Nollan, et ux., Appellant v. California Coastal Commission. Case Definition: The case is Nollan versus the California Coastal Commission. The Nollans were the appellates against a decision made by the California Coastal Commission (CCC). The Nollans had been leasing a property on the California coast with which they had an option to buy. The property lies directly at the foot of the Pacific Ocean and is a prime piece of real estate on the California Coast. The property had been used by the Nollans to rent out during the summer months to vacationers. At the end of the Nollans’ lease they took the option to purchase the land and began preparing for the terms of purchase by the previous land owner. Among those terms was the demolishing of the small deteriorating bungalow that the Nollans had been leasing. The Nollans had planned to expand the structure from the small bungalow that it was to a three bedroom house more complimentary to the surrounding homes and their needs. In order to begin destruction of the property and begin rebuilding the site the Nollans had to secure a permit from the California Coastal Commission. Upon submitting the permit application, the CCC found that the permit should be granted on the condition that the Nollans provide public access to the beach and to the local county park, which lay adjacent to the property. This provision called for the Nollans to use a portion of thei...

The Seven Deadly Sins of Mahatma Gandhi

The Seven Deadly Sins mentioned by Mahatma Gandhi are: * Wealth without work Nowadays we can see the evidence of people love to gain money without even have to do some work. Well, we might love to do that. I do want to if I could, haha. However, if we take a deep sight of it, we can see that there will be only two probabilities of people having some wealth without doing any efforts: (1) those people are heading towards laziness and poverty, (2) those people do corruptions. No offense, but money, wealth, is limited, and at one point it will be run out if the people did not do some work to add more money.Another possibility is to do some corruptions. People who corrupt can just manipulate money to add their own budgets. * Pleasure without conscience Conscience. It is the awareness of choosing which one is right or wrong, comes deep beneath the logic. Imagine the world seeking for pleasure without considering their heart. There is no responsibilities for people to share their pleasure w ith other people who are needing. Pleasure without conscience results in an empty world inside people’s hearts, just like spending money without charity. * Knowledge without character Having knowledge without character is like having a gasoline without a car.You might use it for something bad, such as to fire a building. People have the potential (knowledge), thus the character is set to make sure that the knowledge will be used wisely and for an appropriate and good thing. * Commerce (Business) without morality (ethics) Lol as a business management student, I was really taught to have ethics in every move that I make. Business is all about seeking opportunities and gains the highest benefit from others. To decide some plans in a business, environment, society, and even the rival should be considered as the factors to do the business. Will it harm the environment?Hurt the society? Or should we really make the rival bankrupt? Those aspects are little aspects which can bring a bigger problem in the future if we do not pay attention to it. * Science without humanity Have you ever heard of cloning? A-bomb? Deadly mutant virus? There is only a thin layer between humanity and inhumane within science. All those sciences are back to the people themselves; whether they want to develop science with or without humanity. * Religion without sacrifice Nowadays we can see people who are saying with pride, â€Å"I’m a Moslem† or â€Å"I’m a Christian†. But hey, look at their attitudes!If they are Moslem, do they pray? Do they pay zakat? Read Al Quran? I myself cannot say I have done everything Allah asks me to. I still have long to-do lists to do, in a short period of life. Those Christians, do they go to church? See what is actually happening in this world today. I might say praying, and doing every instruction is hard, really hard. Perhaps that is why Mr. Gandhi said that religion without sacrifice is one of the deadly sins. We need to sac rifice some things in order to do the commands of our own religion. * Politics without principle I don’t really understand politics actually.However, we all know that having politics without principle is just like losing directions. Dead Peasant Policy * A corporate-owned life insurance policy that a company may take out on its employees—often without their knowledge—designating the company as beneficiary. If the employee dies young, the company gets tax-free death benefits. If the employee lives long, it has a long-running tax break * Dead Peasant Insurance is sometimes used as a shorthand reference for life insurance policies that insure a company’s rank-and-file employees and name the company as the beneficiary.This means that the company receives the life insurance benefits when the covered employees die. This insurance may also be called â€Å"janitor insurance,†Ã¢â‚¬ ¦ * The point of â€Å"dead peasant† policies seems to be this: Compa nies contribute money to the policies, which then can be used to pay for a variety of company expenses. In addition, when employees, retirees and former employees die, the company receives tax-free death benefits. Life insurance used to be rather straightforward, known for offering security to loved ones in a tough time. So when Irma Johnson learned that her husband, Daniel, who died of brain cancer, had been insured or $1. 5 million, it should have been at least a small comfort. But she did not receive the money. His employer did. It's one of the strangest free-market perversions that Michael Moore highlights in his latest film, â€Å"Capitalism: A Love Story. † In the corporate practice dubbed â€Å"Dead Peasants† life insurance, companies wager on employees' lives, expecting to make money when they die. And it's pervasive, said Mike Myers, an attorney who has uncovered many of these cases and helped angry relatives sue. â€Å"Life insurance is traditionally used to guard against the death of breadwinners.This is an investment scheme,† he said. Dozens of blue chip companies have these policies, according to Myers. But only banks are forced to reveal them, and several have billions of dollars worth of policies. â€Å"The driving force behind it is the tax deductions,† he said. The life insurance policies were designed to allow companies to insure a few crucial executives. Savvy companies then realized they could also get a tax break by insuring many lower-level employees. The financial scheme doesn't actually cost the employees anything, except, some say, their trust.Betina Tillman felt shocked and deceived when a reporter from The Wall Street Journal told her that her brother, a music store cashier, was insured by his employer for $339,000 when he died, despite the fact that he no longer worked at the store. â€Å"We were just in disbelief they were able to do it, and actually cash the policy and cash in on the policy,† Til lman said. Families Battle in Court She sued, and won. Now, the government mandates that companies obtain the consent of employees. In the case of Daniel Johnson, Amegy Bank told ABC News that Johnson did give his consent, but Irma disputes that, and she's suing.Rep. Gene Green, D-Texas, has pushed for even tougher restrictions. â€Å"We hope our laws are based on not only fairness, but morals,† Green told ABC News. â€Å"And to me, it's immoral to benefit from your death if I don't know you. † Meanwhile, for those who feel they have been wronged and were never told about the insurance, it's up to them to brave the court system. â€Å"It was a matter of making sure we did the right thing and something that would honor our brother,† Tillman said. â€Å"We sent a message across to that company, to let them know you may have gotten away with it all these years, but not this time. CURRENT EVENTS ? Region 8 Get P7 New COLA; P6 Wage Hike In Region 3 MB – Fri, Oct 5, 2012 MANILA, Philippines – Minimum wage earners in Region VIII will get a P7. 00 Cost of Living Allowance (COLA) in their daily wage rate which will be effective on October  Ã¢â‚¬ ¦ ? Program Boosts Food Security, Income MB – Fri, Oct 5, 2012 ILOILO CITY (PIA) – The implementation of a nationwide rural development program â€Å"Philippine Rural Development Program (PRDP),† which will cover 80 provinces in Luzon,  Ã¢â‚¬ ¦ ? 3 Women Man Shar'iah Courts MB – Fri, Oct 5, 2012MANILA, Philippines – Three Muslim women are manning three Shar'iah Circuit Courts in Mindanao. ? Binay Maintains High Trust Rating MB – Thu, Oct 4, 2012 MANILA, Philippines – Filipinos continue to appreciate the work of and maintain trust in the Vice President and Senate President, according the latest Pulse Asia sur  Ã¢â‚¬ ¦ ? Centcom Vows More Insurgency-Free Provinces MB – Tue, Oct 2, 2012 CAMP LAPU-LAPU, Cebu City – Newly install ed Central Command (Centcom) commander Rear Admiral Jose Luis Alano during a recent turn-over ceremony here announced that more  Ã¢â‚¬ ¦ ? Trainers Program For IT-BPO MB – Tue, Oct 2, 2012MANILA, Philippines – To haul in US$25 billion revenues in four years, the government and the private sector yesterday launched a P25. 2-million trainers' training program  Ã¢â‚¬ ¦ ? Road Quality, Safety Improvement Cited MB – Mon, Oct 1, 2012 MANILA, Philippines – The freak vehicular accident in Nueva Ecija that claimed at least nine lives last week should remind national and local authorities of the need  Ã¢â‚¬ ¦ ? Visayas Energy Facilities Upgrade Completed MB – Mon, Oct 1, 2012 TAGBILARAN CITY, Bohol – The National Grid Corporation of the Philippines (NGCP) announced that it has completed the upgrade of its Energy Management System (EMS) in ?DENR, Foresters Host Subic Summit MB – Mon, Oct 1, 2012 SUBIC BAY FREEPORT – The recent 2012 National Forestry Summit at the Subic Freeport, participated in by some 1,200 foresters, academicians, state workers, and wood industry   ? Philippines' 2013 elections: Same faces but new foes ANN – Mon, Oct 1, 2012 Manila (Philippine Daily Inquirer/ANN) – The electoral matchups in many parts of the Philippines for 2013 show veteran politicians returning to the campaign trail to  Ã¢â‚¬ ¦ E2 po link ng mga current events. http://en. wikipedia. org/wiki/October_2012

Project Scope Of Earned Value Management - 925 Words

Earned Value Management started back in the early sixties when the Air force started using the program. In recent years, the program has become a part of the federal project risk management system and is mandatory tool used for US government contracts. Earned Value Management helps to analyze many parts of a project such as the cost variance, schedule variance, cost performance, and schedule performance. Earned Value management measures the performance of a project by finding variances between the works being completed. This paper will discuss how project scope relates to Earned Value Management. Scope of the Project Project scope is the most important part of the planning process of any project. Early in the planning process, one has to†¦show more content†¦Earned Value management Analysis The Work Breakdown Structure The work break down structure of the project shows a breakdown of the project in parts. This facilitates efficient planning and execution of a project as well as exercise project cost control (Gray Larson, 2008 p314). With the work break down structure, the project can avoid delays, technical issues and defect in production. WSB allows managers to divide the work and responsibilities among each employee, and allocate the budget and finances for the project. Foundation for Earned Value Management The foundation for every organization establishes a process for project management has an opportunity to add value to the organization and project. Building a Earned Value Management foundation for an organization will help align the process for maximum value creation. The foundation for EVM starts at the core of the company. Financial data, program management should be considered part of the foundation building for EVM and Program Management. Planning the Project The first step in planning process is the development of the work breakdown structure, organization breakdown structure, and the combination of the two to create the responsibility assignment matrix (Meredith Mantel, 2008 p235). Project planning involves the creation of the project management plan as well as Earned value

Dr. Jekyll And Mr. Hyde - 2521 Words

Uncovering Dr. Jekyll and Mr. Hyde The Strange Case of Dr. Jekyll and Mr. Hyde was published in 1886 by Robert Louis Stevenson. The story is based on a London lawyer named Gabriel John Utterson, who investigates strange occurrences between his old friend, Dr. Henry Jekyll, and the evil Edward Hyde. This novel was composed as a shilling shocker. A shilling shocker is a short, graphic book. This whole novel is based in Victorian England. Noting the servants, differences between the rich and poor, and bachelor living. To explain the title, the novel concerns the strange doings of Dr. Jekyll and Mr. Hyde, who, we find out, are one in the same body. The two men embody man’s dual nature, hence the dual nature of the title. Stevenson uses the emerging field of science and experimentation in his Victorian novel, Dr. Jekyll and Mr. Hyde, to examine the good and evil within humanity, placing special influences on a man’s true inner nature reflected in his physical appearance. This novel as a pretty clear example o f split personality. In one corner we have Dr. Jekyll, the upstanding scientist and in the other, we have Mr. Hyde, his hairy and villainous double. Let the best man win. We dwell in a world that enjoys a good hero vs villian story. Naturally we would all like The Strange Case of Dr. Jekyll and Mr. Hyde, a novel whose title has become ironic between the battle between being good and being bad. The idea behind Good vs. Evil provides the novel with its biggest theme. ThisShow MoreRelatedDr. Jekyll And Mr. Hyde999 Words   |  4 PagesDr. Jekyll vs. Mr. Utterson The Strange Case of Dr. Jekyll and Mr. Hyde is a great science fiction story that was published in 1886. It was written by an intelligent Scottish novelist named Robert Louis Stevenson. He uses technological ideas to develop a plot with powerful and realistic characters. Two main characters that play a major part in The Strange Case of Dr. Jekyll and Mr. Hyde are Dr. Jekyll and Mr. Utterson. They are extremely good friends who live in London during the late nineteenth-centuryRead MoreDr. Jekyll And Mr. Hyde1887 Words   |  8 Pageshe consumes his particular poison. â€Å"Strange Case of Dr. Jekyll and Mr. Hyde† is the story of an addict whose inebriated self just happens to have a different name. It does not matter what the solution he drinks for his transformation is supposed to represent, whether alcohol, opium, heroin, or some other substance—he checks off every box for addictive and self destructive behavior. There can be no clearer interpretation of â€Å"Dr. J ekyll and Mr. Hyde† than that it is a polemic against the prevalent usageRead MoreDr. Jekyll And Mr. Hyde Essay722 Words   |  3 PagesEnglish Essay (Prompt 3) Dr. Jekyll and Mr. Hyde, created by famous writer R. L. Stevenson, can be considered one of the most famous 19th century novella in the whole world. The author used quite a lot of diversified skills to create an ambience of suspense and mystery. The perspective of narrative used from Mr. Utterson is one of them. First of all, the usage of the perspective of Mr. Utterson draws out the ‘suspense’ element because he is not actually omniscient. The readers can only decipherRead MoreDr. Jekyll And Mr. Hyde1348 Words   |  6 Pagescreative interpretation of the original text. Victor Flemming’s 1941 adaptation of Robert Louis Stevenson’s Dr. Jekyll and Mr. Hyde brings two new female characters to the screen, adding to the duality of the story. The women, Beatrix an Ivy, are opposing figures: Beatrix being Jekyll’s pure and loyal fiancà ©e, and Ivy a strong-willed sexual icon. In this 1941 adaptation of Dr. Jekyll and Mr. Hyde, the characters Ivy and Beatrix are not only important allegorical catalysts, but also portray the fightRead MoreDr. Jekyll And Mr. Hyde1019 Words   |  5 PagesDr. Jekyll and Mary Reilly Robert Louis Stevenson established himself as one of the masters of adventure novels in English literature. His skills as a suspenseful storyteller can be seen in his 1886 novel The Strange Case of Dr. Jekyll and Mr. Hyde. Stevenson tells the story of the Dr. Jekyll and his murderous alter ego Mr. Hyde, through the eyes of Dr. Jekyll’s lawyer Mr. Utterson. Valerie Martin’s Mary Reilly tells the story of Jekyll and Hyde, but through a very different set of eyes. Martin’sRead MoreDr. Jekyll And Mr. Hyde1032 Words   |  5 PagesIn his novella Dr. Jekyll and Mr. Hyde, Robert Louis Stevenson explores the dual nature of Victorian man, and his link with an age of hypocrisy. Whilst writing the story he displays the people of the time and what happens behind closed doors. In Jekyll s suicide note he makes the following observation I have observed that when I wore the semblance of Edward Hyde, none could come near to me at first without a visible misgiving of the flesh. This, as I take it, was because all human beings, asRead MoreDr. Jekyll And Mr. Hyde Essay1651 Words   |  7 Pagesworse. The Strange Cases Of Dr. Jekyll and Mr. Hyde is a novel about a man who needs an exit. Dr. Jekyll is a high class man that has an addiction fueled by his desires to become a different man, and to escape his bottled up anger and evil side that he cannot part with as Dr. Jekyll. This pushes him to create a potion that allows him to become this second man. This second man is Mr. Hyde, the evil dark side of Dr. Jekyll. Dr. Jekyll becomes addicted to being Mr. Hyde and wants to be him full timeRead MoreDr. Jekyll And Mr. Hyde892 Words   |  4 PagesSuperegos doctor A Man is not truly one but, but two,’’ wrote Robert Louis Stevenson The Strange Case of Dr Jekyll and Mr. Hyde. Stevenson wrote about a man with two sides of him. The evil side that kill and hurt people, and the good side that his well respected for in his community. But, the evil side seem to be stronger and it’s taking over him. Everyone get their two sides even myself, I got a side that if someone did something unpleasant to me I won’t let it go I feel like I have to do somethingRead MoreDr. Jekyll And Mr. Hyde1578 Words   |  7 PagesTed Wayland Essay 1 Roughdraft July/ 15/ 2015 Dr. Jekyll and Mr. Hyde story were written in the 19th century in London. In this book we understand the conflict between the good character of Dr. Jekyll and completely evil character from M r. Hyde, who fight for control of their shared body. As the readers, read the story there is a big concern about homosexuality, murder and the duality of human nature. Their personal characters where by Dr. Jekyll is known to be tall and pale gentleman who seemsRead MoreDr. Jekyll And Mr. Hyde Essay1851 Words   |  8 PagesMulti-faceted Duality in Dr. Jekyll and Mr. Hyde In The Strange Case of Dr. Jekyll and Mr. Hyde, Robert Louis Stevenson explores the dual consciousness of man imposed by Victorian Era moral standards. Stevenson illuminates the conflicting nature of man with the rigid social institutions, the emerging sciences of the mind and body, and the prudish faà §ade of contemporary moral society. Dr. Jekyll’s experiment parallels emerging psychological and medical ideas of the time-period. â€Å"The more that I read