The Three Part Assertion Method :: essays research papers

The Three Part Assertion Method There is a guy two doors down from me, here in the dorm - a nice guy, a bit odd, overly friendly, and oh-so open. His favorite thing to do is prop his door open, play on his computer, and crank the music. I generally like all kinds of music, and I have been known to play it loud from time to time. Well, this guy truly likes all kinds of music, and plays it as loud as his speakers can handle it. It's a good thing he has small speakers. So, here's me, working on my computer, trying to concentrate, meanwhile this dude is down there playing some weird ethnic music, followed by the Star Wars theme song, with a mix of hippie music tossed in, in no certain order. It's a classic scenario. Over and over in my mind I envision myself going down there, screaming at him, telling him my mind, and slamming his door. That would feel great. I haven't done this yet, and probably won't. While reading the Bolton chapter, this scenario replayed itself over and over in my mind. Here is my revised strategy, which might just be used if the guy bothers me again. "When you leave your door open, I can hear your music in my room which makes if difficult for me to get school work done. I love music too, and certainly don't want you to not enjoy it, but please don't force others to 'enjoy' it with you. I noticed that when your door is closed, I can no longer hear it in my room and there is no problem. Thanks! So, what exactly are playing there? I have this great game.." The first sentence of this quote uses Bolton's tactic. The feeling part, hostility and frustration, of it is implied. The last part implies that I intend to remain friendly and hold no grudges. To be consistent with the project objectives, I will briefly explain a real situation in which I could have used the three part assertion method. Five years ago, at the age of 19, I worked at a local Western Sizzlin in Harrisburg as a waiter. I was one of the best servers there and made out well in tips. There were two parts to each customer experience that determined my tip, and this is basically true for every restaurant: my personal service, and the food. I had my side down cold. The cooks, not a chance. One morning, things were busy and the cooks were especially bad.

Of Mice and Men Paper

In John Steinbeck’s novel, â€Å"Of Mice and Men†, this ambiguous question arises on George’s decision. Did George make the right choice to kill Lenny at the end of the story? There are many reasons why George decided to kill Lennie in the end; however, if George does not take the responsibility to kill Lennie, he would die anyway. Since Lennie was young, he always struggled fitting in and socializing with others because of his disability. Consequently George kills Lennie because Lennie is George’s responsibility, Lennie is a danger to society, and George kills Lennie for selfish reasons.Therefore the decision that George made was the right thing to do. First, it is George responsibility to take care of Lennie. When Lennie’s aunt dies, George makes a promise to Aunt Clara to take care of Lennie. â€Å"I told his old lady I’d take care of him. † (Steinbeck 22) George feel that he should take care of Lennie’s mess, therefore When Lennie makes bad decision, George protect him. Next, George didn’t want anyone else to kill Lennie, just like how Candy said he wished he could have shot his dog instead of someone else.George probably wouldn’t have been able to live with himself if he allowed someone to kill Lennie out of hate or maybe torture. George put Lennie in his â€Å"happy place before he dies unlike Curley who would’ve tortured Lennie. George just couldn't turn Lennie over to the police. For example what happen in weed and when Lennie break Curley’s hand but George didn’t. Also George kill because he knew that Lennie would not be able to handle being separated from him. As portrayed George Kills Lennie to protect him. Second, George did kill Lennie for selfish Reasons, because Lennie always got in trouble.He got in trouble in weed. † ‘course he ain’t mean but he gets in trouble alla time because he’s so God damn dumb. † (Steinbeck 41)Georg e kills Lennie for job security. He wants to be in no trouble and just work and get his pay† if I was alone I could live so easy. I could go get a job an’ work, an’ no trouble. No mess at all, and when the end of the month comes I could take my fifty bucks and go into town and get whatever I want. † (Steinbeck 11) And other selfish reason that pushes George to kill Lennie is that he wants freedom to do his own things to live by his own.George think life would be easy for him to live without Lennie. He said â€Å"if I was alone I could live so easy. † â€Å"I could get a job an’ not have no mess† (Steinbeck 103) with Lennie dead George can work now in peace without getting in trouble by Lennie and get that little place he was dreaming about. Lastly, Lennie’s disability is dangerous for the society. Lennie is so strong â€Å"†¦But I say he’s God damn good worker. He can put up a four hundred pound bale. † (Steinb eck 22) Lennie is so strong and he kill thing accidently. He kills Curley’s wife by mistake and he break Culrey’s hand.Lennie is childlike he like to pet soft thing just like a child. He did not understand what a terrible thing that he did, he would have to answer for her death it isn't like the mice or the puppy that could just be replaced. Lennie forget things so quickly and George is the one is going to remind him everything every time. He forgot that he did not have the word He forgot things that George tells him. And George got to remind him all the time. â€Å"o you fort hat awready, did you? I gotta tell you again do I? † (Steinbeck 4) â€Å"I forgot†¦ I tried not got forget honest to God I did, George. (Steinbeck 4) Overall there are many reasons why George decided to kill Lennie. It is George responsibility to take care of Lennie, Lennie’s disability is dangerous for the society, and George did kill Lennie for selfish Reasons. George knew w hat the future held for Lennie. He also knew that Lennie would never be able to understand what that entailed. Whatever the consequences of Lennie’s actions, George new his actions were the lesser of two evils. And the other would not understand that and there are going to kill him no matter what. So he had no choice. Therefore the decision that George made at the end of the novel was well made.

Basic Education and Cultural Heritage Prospects and...

I. Introduction It has already been argued that any development that is not entrenched and weaved through the local people’s consciousness, traditions, and values is bound to fail (Zerrudo, 2005). During the 1982 UNESCO World Conference on Cultural Policies, â€Å"development† was defined as a â€Å"complex, comprehensive and multidimensional process which extends beyond mere economic growth, to incorporate all dimensions of life and all the energies of a community, all of those whose members are called upon to make a contribution and expect to share in the benefits† (Sta. Maria, 2001 p.67). Thus, it is imperative to include the dimensions of culture and heritage when drafting policies on national development. This is where cultural heritage finds†¦show more content†¦With the shift in the new K-12 curriculum, steps in developing a culture-based curriculum with emphasis on mother-tongue instruction and learning approach were evident. Although the K-12 Curriculum is already on its third year of implementation, criticisms and scrutiny on its substance and implementation abound (Pooten, 2012). It is within this context that this paper operates. This study focuses on the teaching of cultural heritage in the elementary and high school level while problematizing the present condition of our basic education system. A. Research Question Within the backdrop of the Basic Education System of the Philippines and the increasing importance of cultural heritage in sustainable development, this paper problematizes the question: how can we effectively teach local cultural heritage of Nasugbu and Balayan, Batangas to grade school and high school students within the existing framework of the K-12 Curriculum? B. Objectives This paper generally seeks to find ways of including elements of Nasugbu and Balayan’s local cultural heritage on the existing curriculum of local elementary and high schools of the towns. Specifically, it seeks to: 1. Know the present situation of Basic Education inShow MoreRelatedBrief Overview Of Education System Of Pakistan And China Essay1654 Words   |  7 Pages Brief Overview of Education System in Pakistan Similarities and Dissimilarities in the Higher Education of Pakistan and China Name: Muhammad Saleem I.D Number: M2016127 Subject: Higher Education of China Assigned by: Professor Lee Saiqiang Dr. Han Jiying Semester: First â€Æ' Abstract The purpose of this paper is to fulfill the requirements of a final term paper of the first semester. This paper attempts to put the glance on the Education system of Pakistan and ChinaRead MoreGender Inequality And Gender Equality1673 Words   |  7 Pagesinequality in education, work and violence and it will also highlight some of women rights that able the women to have more power (world Economic Forum, 2014). The last global gender gap report in 2014 that studied the gender gap , reported that 30 percent of 142 countries that was monitored is this report are losing the gains they have made on education (world Economic Forum, 2014). Opportunities for education are often denied for women and girls in the devolving countries. Low exist to education limitsRead MoreEssay on The Struggle Towards a Democratic Nation2622 Words   |  11 PagesThe Struggle Towards a Democratic Nation Education Position Paper The Struggle Towards a Democratic Nation Imperialism of one sort or another has been occurring for centuries around the world. In the U.S. a specific form of imperialism is in full effect but is less noticeable than the normative physical imperialism. Linguistic imperialism occurs when a dominant group imposes their language on another, and within the United States this imperialism has been occurring through English. EnglishRead MoreTBoli Culture and the Threat of Modernity4179 Words   |  17 Pagesthe spiritual relationship man and the forces and power that influence his destiny. Alienate man from his land and you threaten his well being. Unless the present pressures confronting the tribal peoples are drastrically changed, tribal faced the prospect of famine, we dispreads disease and even death or extinction. (Loco, Sanon. 1985) II. The Philippine T’boli Native Culture More than 40 different ethnic groups can be found in the Philippines. There are 18 tribal groups on the island of MindanaoRead MoreGlobal Business Cultural Analysis: South Africa6982 Words   |  28 PagesRunning head: GBCA – SOUTH AFRICA 1 Global Business Cultural Analysis: South Africa Raymond J. Landis BUSI 604-D06 LUO – International Business Professor – Dr. Stephen P. 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The Treaty of Waitangi, signed between Maori chiefs and the British Crown, is the founding document that established New Zealand as a bicultural state (Lee, Carr, Soutar, Mitchell, 2013); howeverRead MoreImmigrants in the United States2135 Words   |  8 Pages Day in and day out many immigrants enter the United States of America in search of greener pastures. This greener pasture includes higher educational prospects and lucrative jobs. However, life usually does not turn out as many of them usually anticipate. The expectation they usually have prior to their entry to the United States is partly due to the all rosary and nice things they hear about America. They hear such nice things from the media and also from diaspora’s who return from America to theirRead MoreSocial And Cultural Values On Economic Development1764 Words   |  8 PagesSocial and cultural values directly affect economic development through the attitudes toward progress and changes in perspective. Dynamics of economic development in different countries vary as those countries recognize the different values and views on the economy. Some societies that are valuing achievement and personal gain experience a greater and faster level of economic development than the s ocieties that discourage personal achievement and collection of wealth. â€Å"Changes in social structuresRead MoreSocial Work Education : The Wake Of Globalization : Trends And Challenges3133 Words   |  13 PagesReorienting Social Work Education in the wake of Globalization: Trends and Challenges. Pushpalatha.N Research Scholar, Dept of Studies and Research in Social work, Tumkur University, Tumkur. Email id- Pushpa.brijesh@gmail.com **Dr Ramesh.B Chairman, Associate Professor, Dept of Studies and Research in Social work, Tumkur University, Tumkur. Email id- rameshbmsw@gmail.com Abstract Education for the practice of Professional Social Work has begun in India in 1936 at the Tata Institute of Social SciencesRead MoreContrasting Growth Experience of China and Sub Saharan Africa3176 Words   |  13 Pagesscale (McKinsey: 2010). Such improved governance has seen a number of African firms moving from informality to formality (OECD: 2006). Furthermore, improved macroeconomic stability shows attractive promise from foreign direct investment as it allows prospect of planning and predicting, lowering the risk. A successful example of using income from the endowment of their natural resources leading to a sustainable growth model is Uganda. The 2008 National Oil and Gas Policy required that an appropriate

Chinua Achebe Essay - 1491 Words

Chinua Achebe Chinua Achebe is said to be â€Å"one of the most influential writers† of the century not only in Nigeria, his homeland but also throughout the world (Albany). Chinua Achebe was born in Ogidi, Nigeria on November 16, 1930. He was born a son of a Chrisitan Churchman, Isaiah Okafo and Janet N. Achebe. Achebe was raised an Ibo Christian, which made him stand out among his fellow peers. Achebe’s lifestyle was different than that of other people living in his village because of his religious background and upbringing. When Achebe was fourteen he began schooling at Government Albany College in Umuahia for three years. He then attended the University of Ibadan from 1948 through 1953. Following his education at the University of†¦show more content†¦The main character is a man named Okonkwo. Okonkwo is a very strong and well known man. Okonkwo is driven by his desire to be a better man than his father was. Okonkwo is ashamed of his father because he was a weak man with no accomplishments. The book describes the village and the traditions of the people of the village. It describes in detail their religious beliefs. All aspects of Ibo life are based on their religion. The conflict in the story arises when Christian missionaries force their way into the Umofia and began to tear apart the lives of the Ibos. The missionaries try to convert the Ibos into Christians and a western way of living. When some of the Ibos change their lives to be like the missionaries’, civil disagreements and hostility begin to occur. The story is essentially a fictional tale about an event that really did occur in Nigeria. In this story, Achebe is describing the western movement that Nigeria went through and is still dealing with today through fictional characters. Achebe wrote a follow-up story to Things Fall Apart called No Longer at Ease. No Longer at Ease is about Okonkwo’s grandson, Obi who is part of the â€Å"corrupted† generation of the Ibo people. Obi is an educated Christian, who also participates in the traditions of the Ibo people. This has caused him to be torn between the old and new ways of Africa and Nigeria. TheShow MoreRelatedBiography of Chinua Achebe2083 Words   |  9 PagesChinua Achebe: Africa most beloved author The Prominent Igbo writer, famous for his novels describing the effects of western customs and values on traditional African society. Achebe’s satire and his keen ear for spoken language have made him one of the most highly esteemed African writers in English. Chinua Achebe was born in eastern Nigeria on November 16, 1930 Isaiah and Janet Achebe (Bucker pars.1). Isaiah Okafor Achebe was a catechist for the Church Missionary Society and his wife to traveledRead MoreA Study on the Author, Chinua Achebe 1467 Words   |  6 Pages A STUDY OF THE AUTHOR, CHINUA ACHEBE Chinua Achebe was born unto a Nigerian parents in Nigeria on November 16, 1930. He was from a family that born six kids; he being the fifth among them. Chinua Achebe’s parents were Isaiah Okafor Achebe and Janet Achebe. He begin an English at eight in Ogidi, Nigeria. Encouraged by his father, he was excited to learned English quickly. His father Isaiah Achebe was one of the first that converted from their religion to Christianity and he also foundedRead MoreArrow Of God By Chinua Achebe998 Words   |  4 PagesArrow of God written by Chinua Achebe is set in the 1920’s located in Nigeria. The book focuses on the main character Ezeulu, the Igbo people’s chief priest. 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Chinua Achebe said it best, â€Å"I would be quite satisfied if my novels...did no more than teach my readers of their past...was not a long night of savagery from which the first European acting on God’s behalf delivered them†(qtd. in â€Å"Morning Yet† 45). In theRead MoreThings Fall Apart By Chinua Achebe1452 Words   |  6 Pagesrise above and assume control over the Roman Empire. However, imperialism in Africa remained a recorded element from 1750 to 1945. This paper visits how control and changes were influences over the Africans during this time period as seen through Chinua Achebe’s novel Things Fall Apart. (UKEssays, 2015) Europe was experiencing a few financial and political changes that forced the major European forces to investigate abroad regions to add to their resources during the seventeenth century. 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Infidelity Causing Marital Breakdown Essay - 1156 Words

There is much debate over whether or not infidelity is the leading issue for marital breakdowns or if it is just another factor. Many may believe that infidelity only occurs in superficial relationships and in the media, but infidelity is right in your own back yard. Emotional infidelity, when put next to physical infidelity can be more painful and hurtful to a marriage, and make things worse because physical is quite often tied in with the emotional infidelity (â€Å"Truth about Deception,† n.d.) . If emotional infidelity can make that much of an impact on the marriage it shows how the foundations of marriage can fall apart with signs of conflict and the marriage should not have happened. Infidelity expert Stephany Alexander says â€Å"Recent†¦show more content†¦According to Rachel A. Sussman relationship expert each partner needs to take responsibility for the affair if the marriage to be repaired because it is often a couple problem not an individual (n.d.). Comm on causes for infidelity are: physical desires, emotional desires, and vengeful desires being all couple problems. Individuals may feel sexually dissatisfied, and not have the enjoyment they would hope for from sex with their partner. They could also be feeling emotionally unsatisfied, their spouse may not be giving the individual the intimacy needed, or they could be falling out of love. Simply it could be a vengeful affair, they may have gotten into a dispute and to be spiteful the individual would have an affair as revenge against their spouse (Whittbourne, 2012). Many people believe that infidelity is a single person problem, but it has to be a couples issues in order for the individual to contemplate or follow through with doing it. Moving on, a marriage needs trust to succeed without trust the marriage is not going to last. Infidelity causes trust issues and can obliterate trust in a marriage all together creating an emotional rollercoaster. Many couples thrive on the fact th ey are able to trust each other and the ones who cannot envy the lucky ones who have that bond. â€Å"For manyShow MoreRelatedThe Cracks in Marriage Caused by the Acceptance of Infidelity1344 Words   |  6 Pagesother person. Today marriage is slowly losing that identity. The acceptance of infidelity has perpetuated the disappearance of the identity of marriage and, is destroying monogamy as a practice in the United States. As a guideline, infidelity will be defined as, the romantic or physical relationship between two people where one person is already in a committed relationship. The causes that are perpetuating infidelities efforts to undermine the identity of marriage are technology, media, or entertainmentRead MorePsychology and Infidelity Liberty University Essay2627 Words   |  11 PagesEmotional and Sexual Infidelity Liberty University ABSTRACT There are many ways in which infidelity can be explained depending on what you are reading or with whom you are speaking. Emotional and sexual infidelity is the two most studied forms of infidelity. The cognitive approach to infidelity explains that as our cognition is developing, we are also indirectly learning behaviors that could contribute to infidelity as adults. Infidelity no matter what the circumstances are surrounding itRead MoreFamily Law Essays1132 Words   |  5 Pageslegal and non-legal responses in achieving just outcomes for family members The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdown of the marriage. One party had to tell the other and separate for a period of 12 months, then apply for an application with family law court for dissolution ofRead MoreFree Marriage : Can It Save Your Marriage?10636 Words   |  43 Pagesmore objectively, recognising how we contribute to the marital problems we are experiencing. Consider what would happen if each partner instead of trying to â€Å"fix† the other, focussed on reducing their own marriage-destroying habits and tendencies? Getting an objective perspective on the deeply subjective issue of marital problems or marital breakdown can shed new light on old issues and point the way towards a successful resolution of marital problems and issues. When should couples consult a counsellorRead MoreThe Key Role of Grandparents in Providing Childcare in Today ´s Society2784 Words   |  12 Pagesdeaths of a parent in the family. This was reasonably due to diseases, poor health care and wars. However, Jendrek’s report (1994, p. 211) indicates that modern family breakdown can be also be caused by one of the parent’s emotional, drugs, or alcohol problems as well as having problems with the law. Divorce or family breakdown has also significantly increased in numbers, as it is more socially acceptable. Divorce was available by law in 1930s and access to divorce is now well regulated by familyRead MoreTheology of the Body32011 Words   |  129 Pagesis crucial for the theology of the body. The nuptial meaning of the body allows us to know who man and woman are and should be, and therefore how he should mold his activity. Gen 2:24 notes that man and woman were created for marriage, and through marital one-flesh union, for procreation. Original innocence determines the perfect ethos of the gift. This nuptial union comes about through freedom, leaving â€Å"father and mother.† If man and woman cease to be a disinterested gift for each other, they willRead MoreSubstance Abuse15082 Words   |  61 Pageswith their family, are not in school and have no official person or institution to care for them. They lack the support offered by a family and must fend for themselves. 5. Orphaned or abandoned by their parents 6. Escaping family violence or breakdown, which may spring from stresses of poverty leading to alcoholism or abuse. HELP FOR STREET CHILDREN IN JAMAICA Street children receive national and international public attention; attention focused on social, economic and health problems of childrenRead MoreDeveloping Management Skills404131 Words   |  1617 Pagestheory Knowledge of finance Knowledge of marketing Knowledge of accounting Ability to use business machines ⠝  Van Velsor Britain (1995) †¢ Summarizes 5 previous studies of â€Å"derailment† †¢ 20 U.S. managers and 42 European managers †¢ Focus on skills causing â€Å"derailment† (the opposite of success) ⠝  American Management Association (2000) †¢ 921 managers in the United States Problems with interpersonal relationships Failure to meet business objectives Inability to build and lead a team Inability to manage

Personality Traits and Learning

Question: Write essay on personality traits and learning style. Answer: Introduction An assignment is given to me where I have to write an essay about a topic Industrial Revolution. It should have an introduction of the topic and along with it the body-text with the relevant headings and sub-headings which will be the history of industrial revolution and its impact on urbanization and urban places. In the end, it should be concluded with my thoughts which I will gather while I would be researching and writing the essay on the topic and provide a reference of my research. While the class would be going on I would clear my queries regarding the content of the essay and take notes of the pointers that professor needs to find in the essay (Asendorpf, 2006). How will I write my report? As time management is a part of my personality the first thing I would do is to exactly calculate how much time I would need to spend on the research part and then the writing part of the essay and leave some time before my initial deadline for rectifying any mistake which I may make while writing the essay (Ballatore, 2015). Being an enthusiast and a person who loves to gain knowledge about new topics, I would start my research work, immediately. Before starting the actual research work I would prefer to write the points which my professor has given and framed my key words for research of the topic. Dividing the content into the various parts of the essay and according to the marking criteria given by the professor, I would divide my word count so that I take only relevant points to write my essay (Chen, 2014). Once my research agenda are framed, I will start the research on Industrial Revolution using the internet as it provides the latest research on any topic one want to search about. Putting key words in the search engine will take me to different websites, online books, and journal articles that are available for giving knowledge about the key words I have typed. Going through the latest websites and articles it will help me getting a bigger picture of the topic I want to search about. For me going through a single article or a website will not be sufficient because I prefer to find the content which will help me in defining the topic in the best way possible. For this, I would open most of the portals and read through the content one by one. It will help me in two ways. First my understanding for the topic will increase, and also I will be able to judge what is relevant and associated with my topic and what is not (Dai Davison, 2011). Once I have decided, which Journal article or a website gives out the most recent, brief and worthy explanation on Industrial Revolution I will read that content indepth to gain knowledge and understanding about it. According to my personality I prefer doing things step by step same, I would be doing when researching for the topic. I would start with the introduction where I would search exactly what is the history industrial revolution is, and once I get the full detail about the industrial revolution and its history, I would write it in my own words what exactly I understood about it. I would prefer to keep a clear picture of my topic in my mind as this is my learning style to be clear with the topic or one can get confused with relevance and irrelevance of the content. Once I have completed with my introduction my research will focus on the body of the essay which will contain the impact of industrial revolution on urbanization and urban places (Hays, Liu, Kapteyn, 2015). For searching the body, I need to find again out correct key words for exactly defining my search needs. First, I will focus on the impacts of the industrial revolution on its impacts on urbanization and urban places and search for them. Once I will get the material on the topic I will again read the content provided in-depth and took out the most relevant points which are needed to be mentioned in my essay to explain it (Henning, 2010). My next research point will be to analyse the positives and negatives of industrial revolution impacts on urbanization and urban places, now when I am searching for a topic which has both positive and negative aspects then I would like to search both the aspects, of the topic. That means I will search the negatives and the positives of the topic and then analyse the correct criteria of explaining my content. Analysing a topic is very necessary according to me as it gives you an idea and connects you with the topic in a better way and increases your knowledge about it. Critical thinking regarding the topic would be the step which I will take next to give a clear picture of the Industrial Revolution and its impacts. Once I have the full idea of the topic I would explain it in my essay with proper referencing if required for explaining the topic in a better way (Jin, Shi, Wu, Fan, 2013). After completing my research work and write the basic content part I will go through my essay and prepare a draft which I can show to my professor which can give me his precious comments and suggestion how to improve my essay content. Once I have taken my professors suggestion, I would frame my essay accordingly. Once I have finished with my essay I will go through my previous notes to make sure that I have completed and written every topic which I am required to give in the essay (Tight, 2010). Conclusion Towards the end, I will write a conclusion of the total research work, and the learning, and knowledge I gained from doing this assignment. As it will clear my professor the learning outcome, I got from writing this essay. Proper formatting and reference work asked by the professor will be my next and second last step, and the last step will be to submit my essay on time because submitting my work with punctuality as according to a Deadline is a personality trait of mine (Ballatore, 2015). References Asendorpf, J. (2006). Typeness of personality profiles: a continuous person-centred approach to personality data.Eur. J. Pers.,20(2), 83-106. Ballatore, A. (2015). Google chemtrails: A methodology to analyze topic representation in search engine results.First Monday,20(7). Chen, C. (2014). Differences between Visual Style and Verbal Style Learners in Learning English.International Journal Of Distance Education Technologies,12(1), 91-104. Dai, N. Davison, B. (2011). Topic sensitive search engine evaluation.Online Information Review,35(6), 893-908. Hays, R., Liu, H., Kapteyn, A. (2015). Use of Internet panels to conduct surveys.Behav Res,47(3), 685-690. Henning, Z. (2010). Teaching with Style to Manage Student Perceptions: The Effects of Socio-Communicative Style and Teacher Credibility on Student Affective Learning.Communication Research Reports,27(1), 58-67. Jin, Z., Shi, D., Wu, Q., Fan, H. (2013). MCHITS: Monte Carlo based Method for Hyperlink Induced Topic Search on Networks.Journal Of Networks,8(10). Tight, D. (2010). Perceptual Learning Style Matching and L2 Vocabulary Acquisition.Language Learning,60(4), 792-833. 9922.2010.00572.

Culpability of an Offender-Free-Samples-Myassignmenthelp.com

Question: Critically evaluate whether s 323(1)(d) of the Crimes Act 1958 (Vic) or s 8(1) of the Criminal Code Act 1983 (NT) best addresses individual culpability in joint criminal ventures. Answer: Introduction Miller v The Queen[2016] HCA 30 is an important case that seeks to establish the test in which the courts can hold an accused liable to a criminal offence that emerges, because of the commission of another crime, that he was involved in planning and commissioning[1]. In this case, the court denoted that for an accused to be liable for such a crime, then there is a need of proofing the fact that he could foresee the possibility of the occurrence of such a crime, during the commission of the original that they participated in. Note that, the case Miller v The Queen, was brought forth to challenge a precedent that was established in McAuliffe v The Queen (1995) 183 CLR 108[2].This was a landmark case that brought forth the principles of extended criminal liability and the test that it had to pass, in case the courts was to hold another person culpable for the offence committed by the group. According to the decision established in this court, a person should be held responsible for the crimes of his group, if he foresaw the probability of the criminal activity occurring, during the time in which they were involved in planning an original crime. Note that, Miller v the Queen was a case that was brought forth, to challenge this principle. Nevertheless, the Australian High Court refused to set aside the law, in Miller v the Queen, and allowed its practice in the country. Section 323 (1) (d) of the 1958 Crimes Act requires that a prosecutor proves the foreseeability of the probability of the criminal activity happening, if a prosecution under the extended joint criminal activity has to be successful[3]. Nonetheless, the requirement by s 323 (1) (d) of the act to prove the probability of foreseeability is under criticism, due to the fact that it breaches the doctrines of common law, which requires the onus of proof to be that the accused foresaw a possibility of the crime occurring. In fact, section 8 (1) of the 1983 Criminal Code Act denotes that the onus of proof should be a possible foreseeability[4]. Therefore, the argument of this paper is that s 323 (1) (d) is not effective in addressing problems touching on the culpability of an individual in a joint criminal activity. It is the view of this paper, that the 1983 C riminal Code Act provides an effective solution and test that can help to determine the culpability of a suspect. Perceived Dangers of a Joint Criminal Venture Section 323 and section 8 of the 1983 Criminal Code Act focuses on criminal joint ventures. These ventures are very dangerous to the people who are involved in them, because of the liability that they may have in a court of law[5]. For instance, one of the perceived dangers is the occurrence of a secondary crime that was not planned. This is very dangerous to other members of the group, because they may be held liable for the criminal activity, even if, they were not present when the crime occurred. They might be charged as accessories, aiders, etc. to the criminal activity. All that the prosecution needs to proof is the fact that they could foresee the possibility of the secondary crime occurring, when they were engaged in the primary crime. This paper mainly focuses on this perceived danger, when analyzing the effectiveness of section 323 (1) (d) and section 8 (1) of the Criminal Codes Act. Section 323 (1) (d) and Culpability of an Accused Note that, the 1958 Crimes Act, section 323 (1) to section 324 is able to provide and identify the provisions of the notion of complicity. This is are statutory principles that replaces terms such as extended common purpose, counseling, abetting, etc. In fact, there are provisions that are contained in section 324C of the 1958 Crimes Act[6]. Note that, parliament was able to abolish these parts of law, basically because they were not effective and efficient in finding an accused to be culpable to a consequent criminal offence, that has resulted during the commission of another crime. While examining this concept of extended joint common purpose, section 323 (1) (d) of the 1958 Crimes Act provides a clear description on what it is. The section denotes that, the section denotes that, you can hold an accused liable, under the principles of a joint extended common purpose, if the person is able to enter into an agreement, with another person or a group, to commit a criminal activity, and he foresees the probability of another crime occurring, during the commission of the criminal activity that was occurring. On this note, the concept focuses on notion of a probable foreseeability of an offence, during the process of engaging in a planned criminal activity. This notion of a foreseeable probability is controversial, and it is one of the reasons that made this statute to be less effective in finding out whether an individual is culpable of a criminal activity or not. In fact, section 323 (1) (d) has replaced these notions of extended common purpose, with other new methods of ascertaining the liability of an accused, which are based on the principles that govern the commission of secondary offences. This is an aspect that is called derivative liability, and it is found in s 324 of the 1958 Crimes Act, which has been responsible for replacing section 323. Under this principle of derivative liability, the concept of complicity can only be proved; if a secondary crime has been committed. Moreover, the burden of prove still remains with the prosecutor as established in the leading case law of R V Jensen (1980) VR[7]. In this case, the prosecutor should proof that the person who committed the offence actually had the intention of committing the secondary criminal offence, before holding the accused liable. This means that the court should not only concentrate in proving the foreseeability of a criminal event happening, but the prosecutor should proof that the 1 suspect had the intention of committing the secondary criminal activity, during the process of committing a crime they had planned as a group. Moreover, this is a decision that is supported in Johns v the Queen (1980) 143 CLR 108[8]. In this case, the court held that an accessory will have the same responsibility as the primary offender, in case the prosecution is able to proof the fact that he and the primary offender were in contemplation of committing the secondary crime, and it was foreseeable, and the crime was committed out of intention. Moreover, in this case, the court introduces the term contemplation. In the view of the court, this was a possibility that the secondary crime would be committed by the primary offender, since it was foreseen as a possibility: when they were planning to commit the original crime. From this case law and statute, it is possible to assert that the court was criticizing the use of a probable foreseeability as a test for proving complicity. Basing on these facts, it is possible to assert that s 323 (1) (d) of the 1958 Crimes Act is not effective in addressing the culpability of an accuser to an extended common purpose criminal activity[9]. This is basically because it is not aligned to the doctrines that are established under the common law principles, that establishes the test of proof to be on the foreseeable possibility of a crime occurring. Now, the question to ask is whether the 1983 Criminal Code Act is effective in addressing issues touching on the culpability of an accuse to be complicit in a criminal activity. The Criminal Code Act and Culpability of an Offender Section 8 (1) of the criminal code act of 1983 provides a test in which the courts can hold a person liable or culpable for a secondary offence under a crime that is committed by a group. For instance, the section denotes that, if 2 or more people come together, with the common intention of engaging in unlawful activity, and while in the process of engaging in such an activity, a secondary crime occurs, then, each of the people who have engaged in the criminal activity will be held responsible for the offence, unless, they are able to prove the fact that they did not foresee the possibility of the secondary criminal activity occurring. This is a radical change to the provisions contained in s 323 (1) (d) of the 1958 Crimes Act, which recognizes the principles of foreseeable probability and places the onus of proving it to the prosecutor. However, the onus of proving that the accused did not foresee the possibility of the secondary act occurring is on the suspect, this is in accordanc e to the 1983 Criminal Code Act. Section 8 (1) of the Criminal Code Act is supported by a number of common law principles. A good example is Giorgianni v R (1985) 156[10]. In this case, the court was able to establish that an accused can be held liable for the offences of a primary accuser, if he foresaw the possibility of the crime occurring. However, in this case, the court established a test of a possible foreseeability. In the ruling of the court, for an individual to be held culpable for the crime of a primary offender, there is a need of proving the fact that he was aware of all the circumstances that will emerge during the commission of a primary offence, and he was on a sound mind. R v Stokes Difford (1990) is an important case law that provides the importance of examining the mental capability and condition of a secondary offender, during the process of planning the crime[11]. Note that, while examining the mental condition of the secondary offender, he must prove that he had no intention of participating in the principal offence, thus he did not have the essential facts and information about the primary crime that occurred. Basing on these facts, it is possible to assert that by establishing the burden of proof to be on a foreseeable possibility, and putting the onus of proof to a suspect, the Criminal Code Act is very effective and efficient in determining the culpability of a suspect, in a secondary criminal activity. Consistency of Reversing the Onus of Proof One of the most important common law principles on the burden of proof is that the prosecutor should proof beyond reasonable doubt that an accused is guilty of a crime. This is a principle that was first established in Woolmington v DPP[1935] UKHL 1, where the courts ruled that a person is first presumed innocent, until the prosecutor is able to proof beyond reasonable doubt that he is guilty of an offence[12]. On this note, the House of Lords in this case denoted that the presumption of proof to a suspect is an important individual right that cannot be removed from the suspect. Note that, this notion of burden of proof laying on the state, manages to create a relationship between an individual and the state, and the aim is to ensure that an innocent civilian is not jailed. On this note, placing the burden of proof to a suspect is not consistent to the common law principles that are established by Woolmington v DPP, and other similar cases. Nonetheless, in Williamson v Ah[1926] HCA 46, Justice Isaac was able to rule that reversing the burden of proof may be justifiable in certain circumstances[13]. While ruling on this issue, the judge explained that it is a person who comes up with an affirmation of an issue, who should then prove it. Section 8 (1) of the 1983 Criminal Code Act places the burden of proof to a suspect, in regarding proving that he was not able to foresee the possibility of a secondary crime happening. This is an assertion that an accused can make, while defending himself against the accusation of a secondary offence carried out by a group. Thus, as per the principles established in Williamson v Ah, there is a balance between the personal liberty of a suspect and the sovereignty of a state, when such a person is a suspect is allowed to proof his case, in such circumstances. Conclusion Finally, the Criminal Code Act is the best law that is able to determine the culpability of a suspect who have engaged in a joint criminal activity. This is in regard to the occurrence of a secondary crime during the process of carrying out the primary crime. Moreover, the principles established in this case law is supported by a number of common law doctrines that places the burden of proof to a suspect, when it comes to proving the foreseeability of possibilities. It is because of the weaknesses of s 323 of the 1958 Crimes Act, that parliament was able to repel and replace the sections. The sections were replaced in a manner that, to convict an accessory to a secondary crime, there is a need of looking at other factors such as the intention of the primary offender during the commission of the secondary crime, and a foreseeability of possibilities. Bibliography Cases Giorgianni v R (1985) 156 Johns v the Queen (1980) 143 CLR 108 McAuliffe v The Queen (1995) 183 CLR 108 Miller v The Queen[2016] HCA 30 R V Jensen (1980) VR R v Stokes Difford (1990) Williamson v Ah[1926] HCA 46Woolmington v DPP[1935] UKHL 1 Laws Crimes Act s 324Crimes Act 1958 s 323 (1) (d)Criminal Code Act 1983 (8)Criminal Code Act Section 1983 (8) (1) Miller v The Queen [2016] HCA 30 McAuliffe v The Queen (1995) 183 CLR 108 958 Crimes Act section 323 (1) (d) Criminal Code Act Section 1983 (8) (1) Criminal Code Act 1983 (8) Crimes Act s 324 R V Jensen (1980) VR Johns v the Queen (1980) 143 CLR 108 Crimes Act 1958 s 323 (1) (d) Giorgianni v R (1985) 156 R v Stokes Difford (1990) Woolmington v DPP[1935] UKHL 1 Williamson v Ah[1926] HCA 4