English Curriculumn Essay Example | Topics and Well Written Essays - 2250 words

English Curriculumn - Essay Example .† (Dec 2010, p. 16). Green and Cormack in their attempts to explain the wide acceptability of the English language specified that the hybrid quality of the English language that has resulted in its generosity. Empowered by the â€Å"hybridity† as specified by Green and Cormack, the English language has the capacity to satisfy an array of purposes, having multiple social, cultural and educational effects. Keeping in mind the wide acceptability and appreciation of the English language as an essential medium of communication in academic disciplines it has also become important to teach and consequently encourage students to learn the language with such effectiveness so that they can acknowledge effects of the English Language in social, cultural and educational peripheries. Green and Cormack have identified that irrespective of its development and phenomenal success as the language for communication in the global context adequate measures have not yet been taken to context ualise the language within the educational philosophy: â€Å"What has not been understood to date, or sufficiently appreciated, is the extent to which such matters can, and need to, be related to and contextualised within a more general educational history† (Oct 2008, p. 253). Thus, in it important in this context to revaluate theoretical models, pedagogical rationales and â€Å"hybridity† of the English language so that possibilities can be explored to make students realize about the wide scope of its effects in social, cultural and educational aspects. Keeping in accord with Green and Cormack argument about â€Å"hybridity† of the English language that has resulted in the... This essay stresses that while the theoretical models have aimed at enhancing aptitude of a student from different approaches, on the other hand, there is no denial of the fact that unless a student develops the expertise in understanding linguistic diversity and rich rhetoric of the language, he will not be able to communicate with the text and consequently the entire effort will fail. The English Language has been considered by academicians as the most effective medium that would help them to communicate with the text. The element of linguistic variety and ‘hybridity’ of the English Language has been widely accepted and it is because of this reason the language has been able to give birth to so many forms in different regional and cultural domains. This report makes a conclusion that the Victorian 7-10 Syllabus of the English language is ordained in such manner that finds a close relevance with the principles of different theoretical approaches, such as, the Personal Growth Model, Cultural Heritage Model and the Critical Literacy Model. While on one hand, the 7-10 Syllabus enables the education department to follow a specific and well planned structural approach to guide students in the context of enhancing their efficiency in learning the English Language, moreover, it also germinates among students the capacity of creative thinking, analytical power, an aptitude to understand the politics of modernist existence and finally the spontaneous will to realize the responsibilities of civic and citizenship, irrespective of the radical change that has occurred in the socio-cultural scenario compared to the earlier times.

Basic Quantitative Analysis Essay Example | Topics and Well Written Essays - 1000 words

Basic Quantitative Analysis - Essay Example The glossary- like essay is prepared based principally on the typical book by Paul C. Cozby titled Methods in Behavioral Research. Some other established and authentic books are also cited. It is used to compare between two or more individual students of two or more divisions, classes or schools or the performance of two or more classes or schools, or the performance of an individual under two or more dissimilar testing conditions in terms of possession of some attributes or characteristics. Gravetter, Forzano (2008) assert that when the data is presented not in numerical values we have no alternative other than comparing the proportions or percentiles (p.452). In order to compare the achievements of two individuals or groups, the means are compared. It is possible when the scores are distributed in numerical figures. We compare mean score first, and then we do means. Contrary to both, in co relational study, we compare two variables for each and every individual, included in a particular group, and the score of different groups. If the data is numerical we resort to co relational studies, if not we use chi-square. (p.453) The name pie chart is given to a circle diagram. In determining the circumference of a circle we have to take into consideration a quantity known as ‘pie’. In this form of graphical representation, the data is represented through the sections or portions of circle. It is a graph in which frequencies are represented by bars, arranged one touching the next. The height of the bar will represent the frequency of the class. The area of the rectangle is proportionate to its frequency. In this way the total area of a bar graph which includes all those rectangular bars will represent the total frequency or ‘N’. A polygon is a many-sided closed figure. A frequency polygon is a graphic representation of a given frequency distribution. In this graph, the midpoints of the classes are plotted on the X-axis, to

People, Management & Organisations Case Study Example | Topics and Well Written Essays - 2500 words

People, Management & Organisations - Case Study Example It is clear from the case study that Cox’s Container Company is suffering from several internal issues related to the workplace culture and organizational behaviour. It is highly important for an organization to adopt and implement effective change management process in order to overcome the current issues and challenges. However, it is highly important for the Cox’s Container Company to implement change management process in the organizational culture in order to enhance strategy development and decision making process. In addition to this, it will help the organization to overcome the current issues that is affecting the profitability and business performance of the organization. This case analysis will outline and analyze the current internal issues and problems related to the organizational structure, organizational behaviour and work culture of the company. In addition to this, this report will discuss about motivation and change management theory that can be imple mented in the management of the organization in order to overcome the issues. Lastly, the study will provide some recommendation plans in order to overcome the current issues. Being one of the leading and profitable organizations, the management of the Cox’s Container Company failed to overcome the organizational behaviour related issue. The organization was founded by Harold Cox. This part of study will outline and analyze the problems that are affecting the business performance of the organization. The management of the organization was following family ownership structure. It can be considered as the consideration, adoption and implementation of the centralized decision making process. The organization faced several issues due to the adoption of centralized decision making process. It is highly important for an organization to ensure effective strategy development and decision making process in order to overcome the issues (Buchanan and Huczynski, 2010, p.73). Poor

Australian Property Market Essay Example | Topics and Well Written Essays - 3500 words

Australian Property Market - Essay Example However the interest rates have all along been one of the dominating factors in determining the demand and supply position of the residential properties, as the initial investment is heavy in the case of large residential property developments and the gestation period is also long to get back the investments. This paper analyses the impact of interest rates on the demand for residential properties. On an analysis it is found that the residential property market in Australia is getting stronger every year. There are several factors that affect the growth of the property market in any country. It so happens that any factor affecting the residential property market in the major cities will follow course to smaller towns and cities and affect the country as a whole over the period. The prices of residential properties continue to increase during the period 2003 through 2005 in spite of a slight increase in the interest rates of up to 0.5 percent. However this increase caused a slow down in the property market in Sydney and Melbourne for some period, but the boom in the property market continued despite the increase in the interest rate. The demand for the house properties remained strong during the period, due to the fact that the Gross Domestic Product of Australia in general remained stronger showing an enhanced progress of the economy. Similarly the support from the government in the form of certain tax cuts and other measures had improved the household disposable incomes and raised the consumer confidence. This also gave rise to the boom in the property market. Another factor that led to the increase in the demand for the house properties is the change in the general attitude of the people in getting the financial support form families making the purchase of property as a life time dream comes true. But in spite of all these positive factors there was a decline in the demand. Analysts point out various factors responsible for this slowness in the property market. Though not the only reason, increase in the interest rates was cited as one of the factors responsible for the reduction in the demand for the properties. With this background I intend to present this paper reporting in detail the impact of interest rates on the residential property market in Australia. 2.0 Aims and Objectives: This research will mainly center around the impact of the interest costs among other factors on the demand position of the residential properties in the Australian property market. To achieve the main objectives of the research study, the level of the interest rates during the historical period will be analysed and the demand for the residential properties during the corresponding period will be correlated to report the trend of the demand position on the basis of the changes in the

Compare the Ways in Which the Roles of Women are Portrayed Essay Example for Free

Compare the Ways in Which the Roles of Women are Portrayed Essay When focusing explicitly on the topic of a woman’s seemingly ever-evolving status, one would constantly perceive it to be a working progress of the woman and the rise of her independence. So, why when analysing both, ‘The Wife of Bath’ and ‘Death of a Salesman’ do these roles of the most prominent women seem to be in reverse? The history of a woman’s autonomy branches outwards from the past, therefore enforcing the idea of a woman, living in an earlier period, to exist under high demands of fulfilling the traditional expressive position. Yet with regards to Chaucer’s tale, why is it that Alisoun is able to possess characteristics that are both a controversy for the 14th century during in which it was written, and to a certain extent, this era momentarily? On the other hand, the 1950s ‘Death of a Salesman’ harbours a heroine who remains true to her decade’s basic notion on how both a woman and a wife should persist to be, consequently presenting Linda Loman as a stock character. With a distance of 6 centuries, is there an abstruse intention to why both the female protagonists are depicted in an unusual fashion, and totally out of the ordinary when its context is taken into account, or, is this simply the writers’ approach to manifest some sort of a response, whether it be mere shock, indulgent laughter, or utter appreciation? The titles alone contain an instantaneous conception on how both women are portrayed concurrently. ‘The Wife of Bath’ obtains an immediate link to Alisoun, unlike ‘Death of a Salesman’ which simply refers to Willy Loman and includes no innuendo of his wife Linda. Alisoun’s ownership of the tale is reinforced by the noun ‘Wife’ as a direct association to her, suggesting that she is the focal point of the tale. But is she? The prologue is definitely in her possession with her martial history being the key plot; however the tale on the other hand clearly centres the knight as the protagonist, consequently endorsing the audience to make an initial judgment on Alisoun’s character as one which is strong enough to acquire her own title. Maybe Chaucer’s main purpose was to make his eponymous hero a female to either stagger the audience by the pragmatical meaning of this whereby such power and eminence is handed to a female character, or to purely ridicule a woman with any supremacy, and in effect, is symbolic since it contains the intention of formulating humour for an audience existing in a 14th century world. With this reasoning in mind, the common use of the noun ‘Wife’ would then become a more abstract version of this since, in essence, this is merely an idea of her control and alliance to the city. Perhaps the title ‘The Wife of Bath’ can be decoded then as a euphemism that solely associates with Alisoun’s, ‘Housbandes at chirche dore I have had five-‘ This has been translated as a misrepresentation of her being promiscuous which uses hyperbole to reinforce the concept and also assists in the beginning of a caricature adaptation of a woman who is unlike most others. On the contrary, since ‘Death of a Salesman’ purely refers to Willy, this would consequently support how dominating the male gender had been in the early 50s. In relation to Linda however, the absence of any insinuation of her in the title holds a vital insight of how she is portrayed through the play itself. This maintains the persistent imagery of Linda conserving her private role as a housewife, and to an extent, Willy’s constant positive conscience, Willy – ‘I suddenly couldn’t drive anymore. ’ Linda – ‘Maybe it was the steering wheel again. ’ The adverb ‘Maybe’ certainly exhibits some indecision with Linda’s response indicating that even though she may not entirely know what Willy requires, she knows it is necessary for her to provide a reasonable answer that will help ease the blame off Willy, facilitating the assumption of Linda’s loyalty to her husband, even during the worst of times. Arthur Miller’s intention of having no connotation to Linda in the title could be indeed for the purpose of supporting the idea of her selflessness compared to Willy’s egotistical behaviour. This theory of Linda’s ignored compassion is also demonstrated when Willy commits suicide. ‘I can’t understand it. ’ This simple sentence is most commonly used with the verb ‘do not/don’t’, but, semantically, Miller permits Linda to unusually phrase this with the modal auxiliary verb and the nagator ‘can’t’ to express her rejection towards comprehending his refusal of living life fully. Perhaps the importance of this approach was to portray just how vulnerable and helpless not just Linda, but the rest of the female population was in the 50s. As if to say it had nothing to do with the capacity of the female brain but the knowledge of where that woman should remain to be. The title is therefore a description of Linda’s personality and depicts just how much Linda is taken for granted. In the earliest stage directions of ‘Death of a Salesman’, the lexis used to describe Linda Loman all relate to the semantic field of household items and the act of obeying a person: ‘stirred’ ‘iron repression’ ‘admires’ ‘listening’ Semantically, theses lexicons relate to the play itself. The stative adverb ‘admire’ implies Linda may not feel worthy of Willy therefore she can only have a high regard for him and not the ability to put herself in his position. According to this then, Linda could be summarized as a character that has a low opinion of herself. The comparison to household items proves to be crucial since it could be categorized as an exposition, introducing the audience to Linda’s most prominent characteristic. A more modern audience, and in particular contemporary women, would argue that this was very demeaning since it implies this was all they are known for. Throughout the description of the Wife from the General prologue, the audience obtains a direct inkling of her character. ‘Housbandes at chirche dore she hadde five’ This sentence delivers an eye opener as to what Alisoun’s social status is. Since only the elite managed to marry inside of a church, this would then imply that from the age of 12, Alisoun has supposedly not ascended the ladder of social mobility. The syntax of this however creates some hesitancy to admit the true number of her failed marriages. Given that she leaves the actual amount ‘five’ till last reinforces the idea of her true emotions towards them. The similarity between Linda and Alisoun then would be that aside from the fact that one woman has had considerably more partners than the other: Alisoun is still in search of love, remaining to be ever willing to find her true match. This is further proven with the syntax from the quotation. As ‘Housbandes’ is the first word in the sentence, it indicates she finds pleasure in having a husband because of the urgency to articulate the concrete noun ‘Housbandes’, despite the fact that they were all failures. Linda’s crime is that she loves her only husband far too much. It is evident that in spite of her devotion to Willy, he still ignores her and takes her for granted, Linda- ‘Take an aspirin. Should I get you an aspirin? It’ll soothe you. ’ Willy- ‘I was driving along, you understand? ’ Here it is visible that Willy does overlook his wife completely by his sudden change in topicality and the flouting of the Grice’s maxim of relevance. Perhaps this is due to the way he perceives Linda, and the minimal respect he has for her. This is further evident with his tag question, ‘you understand? Unlike Robin Lakoff’s female language theory, this does not abide by her rules. In her opinion these tag questions imply a need for some support rather than a critical remark. However it is obvious that Willy does not require any backing since he is the most dominant speaker. The pragmatics of this statement show how much of a low disregard he has on Linda’s capability of understanding such a simple concep t as driving, consequently suggesting he does, in actual fact, take his loving wife for granted. Miller’s intentions here differ depending on the gender perspective. Since this is one of many occurrences where Willy insults Linda’s intelligence, this provides evidence of her complete devotion to her husband. Perhaps this mirrors the reality of the 1950s’ female audience therefore Miller’s motive in creating such a character was simply to please the existing female population at that time and nothing more. From a male point of view following the same thesis of art imitating life, Willy’s ability to have both control and authority over Linda would have also been Miller’s method in satisfying the male audience. Linda’s speech also indicates some reluctance of being abrupt towards her husband. ‘Take an aspirin. Should I get you an aspirin? ’ This reads to be an almost repaired statement, strengthening the notion of her delicacy when interacting with her husband. Depending on the stage direction as to how this is supposed to be acted out, another contention could be that Linda’s true being slipped out for a moment. The unusual abruptness of the first sentence followed by the modal verb ‘Should’ may imply how Linda must always remain to be conscious of the words she speaks even if she truthfully isn’t like that. This could possibly have been Miller’s subtle approach in exposing just how human a woman truly is. Linda’s character is one that appears to be careful in every action she undertakes, Alisoun on the other hand gives the impression of being self-sufficient in her decisions. ‘What that he mente therby, I kan nat seyn; But that I axe, why the fifthe man Was non housbonde to the Samaritan? How manye mighte she have in marriage? Yet herde I nevere tellen in myn age Upon this nombre diffinicioun. ’ In a Russian Formalist literary opinion, her attitude here in this verse would suggest she is blasphemous and very defensive of her deeds. By allowing an illiterate female commoner challenge basic Christian belief, Chaucer invites an astonishing controversial angle on reality. An audiences’ reaction to this from the 14th century would be of great annoyance towards Alisoun since she occupies no immense background to express such a powerful opinion. According to the first line ‘What that he mente therby, I kan nat seyn’ this also suggests that her judgment is based on a more personal outlook rather than facts. From my own 21st century perspective following the same Russian Formalist fundamentals, this verse stands to be an opinion and nothing more. Alisoun’s analysis may not have changed but the reaction from the audience would have instead. In actual fact, her intrusive manner would have been one that would have been valued despite of her gender. Regardless of the fact that both texts are fictional, their mediums exhibit various conclusions: since ‘The Wife of Bath’ is classed as poetry there are some limitations as to what could have been written. It would appear that Chaucer’s main objective was to entertain the listener rather than being factual. This is evident due to the consistent structure of rhyming couplets and alliteration. Somme seyde women loven best richesse, Somme seyde honour, somme seyde jolinesse,’ There is a distinctive pattern here which works throughout the rest of the tale. Seeing as though there are no breaks or clear stanzas in the poem, the use of parallelism suggests that a list is about to form without abiding by the usual formation of a list. The rhyming, alliteratio n and sibilance ‘Somme seyde’ ‘richnesse’ ‘jolinesse’, adds emphasis on the ideas explored throughout the tale in a way which amuses an audiences of any age. Death of a Salesman’ has none of these restrictions, whereby no rules or patterns are needed to be followed. Miller is able to write as he wishes, therefore could it be said that this enables him to write according to the truth? As an audience we are only ever permitted to listen and believe the character’s opinions. This limits exactly how much we should class as valid and thus acts as a confinement of plays in general. The importance of this does not only rest on how valid these texts are historically. In context to the essay question, the mediums affect the way the theme of power is portrayed. With the aid of humour, Chaucer is able to manipulate how the audience perceives the unusual occurrence of a woman who owns such authority. This comedy enables the audience to interpret the dubious topics mentioned in the prologue half -heartedly therefore suggesting that the text can’t completely be taken seriously. Conversely ‘Death of a Salesman’ does not include many entertaining scenes to conceal the control Willy has over Linda and consequently Miller sanctions the audience into producing their own take on the subjects referred to all through the play. Sometimes a woman’s basic actions can be justified by her experiences. Alisoun has the ability to convey such intense concepts because of her endless incidents in the past. Her character’s reputation appears to be licentious which consequently enables an audience to reign in on their annoyance of her. Chaucer has portrayed Alisoun in a way which can only be described as caricature. What should be taken into consideration is that perhaps Chaucer’s overall intention when creating such an exaggerated character like the wife was to humour the audience with the ridicule of a woman with such freedom. Or perhaps it was to produce a character like no other that owns the ability to question the acts of society and their standard beliefs. Out of the entire ‘Canterbury Tales’ there are only two women who possess the ability to tell their story: the Prioress and the Wife. Since the Prioress already maintains the basics of a 14th century woman graciously, Alisoun is possibly Chaucer’s technique in inventing a woman who stands for everything the ordinary woman of that time would not and as a result, portrays life on each end of the pole for all types of audiences to experience. Linda’s character owns a front which, even after the analysis, maintains the idea of an obedient wife. However, the initial idea of her abiding by this characteristic has evidently changed. Yes, she still sticks by with her husband, even after affairs and a lack of care and attention, but is she not a stronger woman in spite of all this? Alisoun has the ability to end her marriage as soon as it goes wrong as if to say she is still searching for her ‘ideal man’ and so self-sufficient that she refuses to lead a miserable life, yet Linda remains to be as courteous as ever even after the marital problems. For a 1950s audience, Miller birthed a female icon, a woman who exists in a realist play regarding the common aspiration of the attempts at conquering the ‘American Dream’. All in all, the roles which appeared to be in reverse now seem to walk side by side along the path of independence. Six centuries apart, diverse situations at hand but both individualistically vigorous women ready to undertake what life has planned for the both of them.

Law Essays Modes Of Trial

Law Essays Modes Of Trial Modes Of Trial If you were being prosecuted for a criminal offence, which of the following modes of trial would you prefer: Trial by lay magistrates; Trial by professional judge alone; or Trial by judge and jury. When being prosecuted for a criminal offence, a large portion of the final outcome rests on what court tires the case due to the varying procedural and sentencing allowances attributed to each court. The Magistrates Court is classically more informal, probably a reflection of the fact that it deals with 95% of all criminal cases, while the Crown Court, having greater sentencing power, trying by Judge and/or jury, suffers a far more formal procedural policy. In order to adequately determine which mode of trial a defendant would be best to chose, an examination of criminal procedure in the courts of the UK should follow. It should also be noted that the choice is not always available or always clear-cut. A lot of factors, especially the nature of the crime effect, the choice to be made. It is often a question of weighing up what-ifs. All criminal cases concerning persons over the age of 18, therefore legal adults, start in the Magistrates Court, reached by either having a summons or complaint by laying of an information made against you, or following a charge at the police station. The Magistrates Court is made up of either 3 lay magistrates known as justices, or a full-time District Judge (only in criminal matters) who sits alone. The court, when in session by the magistrates, is assisted by a magistrates clerk, one function of which is to assist the lay magistrates by advising on areas of law, as a lay magistrate is only able to judge on fact, knowing no law. A District Judge is a properly qualified solicitor or barrister who sits either as a full time or part time District Judge at the magistrates court and is the tribunal of fact and law unlike the magistrates being ordinary members of the public (Murphy et al, 2005). The nature of the offence determines the court in which the case is heard and thereby the mode of trial and other aspects of criminal proceedings such as sentencing and remand (i.e. bail). There are three possible classifications of offences, summary offence, indictable offence and either-way offences, the last being capable of either a summary conviction or an indictable conviction. When a case is heard in the Magistrates Court, it is tried summarily and once a conviction is made, the conviction is a summary conviction, irrespective of whether or not the offence was an either-way offence. On the same note, when a case is heard in the Crown Court, the defendant is tried on indictment and convicted on indictment. With an indictable offence, the defendant initially appears in the magistrates court where the magistrates determine if based on the facts, they are justified in sending the defendant to the Crown Court under s.51 Crime and Disorder Act 1997. This decision is taken at the first hearing where the magistrates will also deal with the defendants remand status and whether funding needs to be arranged for the case (Sanders and Young, 2000). If the offence is a summary only offence, and the defendant pleads guilty, then the magistrates go on to sentence on the same day or a on later date. This renders the process very expedient. If the defendant pleads not guilty then the matter is adjourned to a later date and a pre-trial review occurs to determine the date at which the summary trial will occur. Pleading guilty may go against common intuition in such instances, yet it may stand in the defendants benefit. A repeat offender may realize that he will not have a possibility of getting an acquittal and to quickly obtain judgment by lay magistrates who can only impose limited sentences would hold benefits over a judge who effectively has no limits on sentencing bar the statutory maximum for the crime. Further, lay magistrates are more personable and may consider aspects of the case that under law would not be an issue, such as the socio-economic background of the defendant, the familial situation and further factors which woul d cause a person to potential veer off track. With a straight cut either-way offence, the Magistrates Court or the Crown Court could deal with the defendant. The decision as to which court to elect is often made by considering the plea before venue (s. 17A Magistrates Court Act 1980) and following, the mode of trial (Murphy et al, 2005). This all occurs at a rather early stage in the game, and often adjournment may be necessary to determine what kind of plea should be indicated. The defence will be awaiting Advance Information from the prosecution (Magistrates Court Advance Information Rules 1985), usually consisting of a summary of the case, charge sheet or summons, copies of witness statements, previous convictions and/or transcripts of the defendants interview under caution. Advance Information is supplied in the case of all either-way offences. It allows the defendant to know the case against them when considering their plea, as the plea will also dictate which court they are tried in and in effect what the maximum sentencing they receive will be. There is no obligation on the prosecution to serve Advance Information with a summary only offence yet, common practice dictates that they do so in order to prevent any possible impact that Article 6 of the Human Rights Act 1999 may have on the case (Sanders and Young, 2000). A mode of trial hearing is usually the most important part of the criminal proceeding for the defendant, bar of course the actual trial, as it has the greatest effect on which court the defendant will be tried in. The procedure for a mode of trial hearing is set out in s.19 of the Magistrates Court Act 1980. The court shall listen to both arguments from the prosecution and defence as to which court would be more suitable and would show particular regard to four qualifying factors. The nature of the case and whether the circumstances make the offence one of a serious character. Whether the punishment that the Magistrates Court could impose would be adequate for the offence committed and if there are any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way as opposed to the other. This last factor remains rather vague and all encompassing and is supplemented by the National Mode of Trial Guidelines setting out to a more specific point what the court should consider. The guidelines consist of general observations and guidance specific to individual offences (Murphy et al, 2005). Overall, the guidelines recommend that a case should be tried summarily unless specific factors apply and the sentencing power of the Magistrates Court is insufficient. If the court opts at this point that a summary trial is more suitable, the defendant can elect to be tried summarily or by a jury yet is warned that if he is tried summarily and convicted, the defendant may be committed to the Crown Court if the magistrates believe he requires a sentence which is larger than the punishment they are permitted to inflict. If the defendant elects a trial by jury at the Crown Court a committal proceeding follows. An election for the Magistrates Court may be a wise choice dependent on the nature of the offence. The magistrates have lower sentencing powers than a jury who is only limited by statute as to the sentence imposed for a particular offence. Magistrates sentencing powers are reflected by the number and type of offences being tried for. One or more summary offences will result in a maximum of 6 months imprisonment. One either-way offence will generate a maximum of 6 months imprisonment as will one either-way offence plus one or more summary only offences. However, two or more either-way offences can result in a maximum of 12-months imprisonment (Hungerford-Welch, 2004). The limits on the power of a Magistrates Court are currently changing under s.154 of the Criminal Justice Act 2003 (proposed implementation 2005/2006). Under s.154 the Magistrates Court will have the power to impose sentences of no more than 51 weeks for any one either-way offence and no more than 65 for more than one either-way offence. The Home Secretary can amend these limits to a maximum of 18 months and 24 respectively (Murphy et al, 2005). If, at the mode of trial hearing in the Magistrates Court, the court decides the trial should be done on indictment, the defendant is sent to the Crown Court for trial, and there is no choice to be made over the mode of trial (Sanders and Young, 2000). If the defendant elects trial (at the mode of trial hearing) in the Crown Court, he will have to go through a committal proceeding as set out in s.6 of the Magistrates Court Act 1980. This can occur in one of two ways, committal with consideration of evidence (s.6(1) Magistrates Court Act 1980) where evidence against the defendant (written only) is considered and if insufficient the defendant is discharged. This however, does not equate to an acquittal and if new evidence comes to light, the defendant can be charged again. A committal without consideration of the evidence (s.6(2) Magistrates Court Act 1980) is the second option and most commonly used, where all written and oral evidence is considered. The first version is only really used when the defence is convinced there is no case to answer (Murphy et al, 2005). This is another consideration the defendant will keep in mind when deciding by whom to be tried as being let off via a committal proceeding would be beneficial but the po tential of a charge being brought again in light of new evidence is not. Finally, the court has one last method to send the defendant to the Crown Court even if charged with summary offences. Under s.41 of the Criminal Justice Act 1988, the magistrates have the limited power to commit the defendant to the Crown Court in respect of summary offences when the court is committing the defendant for trial for one or more offences triable either-way and he is also charged with a summary offence punishable with imprisonment and/or disqualification from driving and the summary offences arise out of circumstances which appear to the court to be the same as or connected with the circumstances of the (or one of the) offences triable either-way (Murphy et al, 2005). Examining the legal procedural system, it seems the case is not clear-cut as to which decision-maker should be chosen. Further examination of the nature of each body would often also be considered by the perpetrator. Conceptually trial by jury may be favourable. The theory stands that a jury will consist of people similar to the defendant, the peers of the defendant and therefore will be able to apply the norms expected of that social group to the judgment. Further, a judge is often seen as a parental figure imposing the law so stringently that he often loses sight of the human element. With 12 voices coming together and debating on common grounds, the defendant may stand a fairer chance of coming away from the situation free. However, it is not often the case that a jury will be 12 individual voices. Richard Dawkins elucidated this point rather elegantly with a comparison to herring gulls. In his field of animal behaviour, a study was conducted by Niko Tinbergen concerning the colour preference of a herring gull. At birth, herring gull chicks peck at a red point on the yellow beak of their parents, which causes the parent to regurgitate any foods consumed that day. Tinbergen was curious to deter mine if the gulls were born with a pre-disposed colour preference to cause them to react to their environment as they did or if the behaviour was a learned one. Regardless of the results of this particular study, Dawkins points out that the interesting facet, with consideration to the jury structure in the UK, was the observation that when all the chicks were placed together in a pen and left to a make a selection, the group would all chose the same colour. The statistical possibility of 12 individuals making the same selection out of a choice of two is one out of 1024 (Dawkins, 1997). In the same respect, a jury of 12, when left to deliberate together, can all be swayed to follow the group decision which could effectively be made by one person. Someone who is strong enough to make a decision in a group with such vocality that it leads, will often be severely opinionated on an aspect of the case. This may cause the defendant to be futility swimming through a trial with little chance of fairness being applied. The best scenario of course would be to segregate all 12 jurors into separate decision-making chambers and collate the choices made by all 12 but perhaps unintelligent jurors or those who merely do not care will be granted too much power. A judge on the other hand has been educated in the law and is more or less free by holding virtual total discretion. The judge can pass any judgment he sees fit to pass limited only by statutory constraints imposed by the offence (and of course the desire to keep his job, much like the political restraints felt by parliament and their apparent sovereignty). The judge will have a standard against which to measure the case at hand built up through years of experience on the bench. The judge will be able to read a trial and to be aware of small details which would illuminate innocence or guilt which a jury would potentially miss in their naÃÆ'Â ¯vetÃÆ'Â ©. If a defendant were innocent then a trial by judge would be the most desirable mode of trial. Especially with a case in which the offence was rather serious. The law is so formulated that a man is innocent until he is proven guilty beyond reasonable doubt. A judge knows this and may stick more rigorously to the letter of the law t han a jury would who could easily be swayed by prosecution gimmicks such as photos of the crime or statistics of the crime in their neighbourhood. If a defendant, however, were to be guilty of a crime then the choice of a trail by judge and jury may stand in favour of the defendant as the emotional ability of the jury could work in his favour. Ultimately, the defendants personal preference will be a consequence largely on the crime and whether or not it was committed by him, i.e. innocence versus guilt. A judge alone would be a desirable choice for the innocent offenders while a jury would be best for a guilty offender. If the option were available for a trial by lay magistrates, this would be ideal due to their restricted sentencing ability and the assurance that at worst a fine and a maximum 12-month retention would be the result (subject to the new legislation being not yet being implemented). References: Broadbridge, S. (2002). The Criminal Justice Bill: Juries and Mode of Trial, Bill 8 of 2002-03. House of Commons Library, London. Dawkins, Richard (1997). Three herring gull chickthe reason juries dont work. The Observer 1997, London. Hoyle, C. and Young, R. (2003) Restorative Justice and Punishment in S. McConville (ed.) The Use of Punishment, Willan Publishing, Devon. Hungerford-Welch, P. (2004) Criminal Litigation and Sentencing (6th Edition). Cavendish Publishing, London. Murphy, P., Murphy, E. and Stockdale, E. (2005) Blackstones Criminal Practice. Oxford University Press, Oxford. Sanders, A. and Young, R. (2000) Criminal Justice (Second edition). London: Butterworths Young, R. and Sanders, A. (2002) From Suspect to Trial in The Oxford Handbook of Criminology 3rd ed. (eds M Maguire, R Morgan and R Reiner), Oxford: OUP, pp. 1034-1075

The Role of the Narrator in Blood Brothers Essay -- Blood Brothers Nar

The Role of the Narrator in Blood Brothers The play, Blood Brothers, written by Willy Russell, is a very interesting play. It is about a mother with seven children and twins nearly due. Her employer cannot have kids and the mother is worried about financial support for her self and children(((((did they have child support in 1986)))))))), she has trouble supporting seven as it is never mind eight, but nine is too much for her. She gives one of them away to her employer. Before the twins are born they makes a pack that the two boys will never know the truth and they will be kept apart. She gives one of her new babies to her employer. The boys do meet and become ‘Blood Brothers’ at the age of seven. They were friends until they were adults, until they found out the truth, that they were real brothers, they were twins, which leads to their tragic death. The play is mainly about the two boys, but it is also about how poverty, single painting, education, and discipline can effect an upbringing of a child and how it effect them when they are older in what type of lifestyle they live in. Willy Russell wanted this play to be different to all of the anther basic plays, the wanted his to have a reality to it, he wanted the audience to be thinking what actually was meant by a scent while still watching the play, he wanted the audience to always be thinking about the pla and what is going to happen next. Russell’s aim was achieved by the character that he put to take part in certain times of the play, this character wasn’t a normal character, and this character was the narrator. He is so different to any other character in the play because he is a non-character, he commentates on action rather thanpartici... ...ew pins, How one was kept how one was giving away They were born and they died on the self same day.† When the audience hears the beat to the speech they pay more attention to it and become more active with the play. Some times when the narrator speaks to the audience, he is commenting on a character. â€Å"Then bring her on, come let see The author of such cruelty And judge for ourselves this terrible sin Bring on the mother and let the story begin† The narrator again is speaking in a poetic form. When he has said this about a character he automatically sets the next scene and also again sets the audience in a peculiar mood. The mood the narrator wants the audience to be in is a judgmental one, when in the quote; he is inviting the audience to judge the character. When inviting the audience, he is making the audience active in the play.