Differences Between Strict And Absolute Criminal Liability Law Essay

Differences Between Strict And Absolute Criminal Liability Law Essay In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness, or even negligence) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offences? Give examples of each. First, it determines what the prosecution must prove. Strict liability offences do not require proof of mens rea in respect of at least one element of the actus reus, usually the essential one. However, proof of mens rea may be required for some of the elements of the actus reus. Absolute liability offences do not require proof of any mens rea element, but are satisfied by proof of the actus reus only. Second, the distinction can be seen by examining the issue of causation In strict liability, the prosecution is required to prove the causation of the actus reus and the offence. In Empress Car Co (Abertillery) Ltd v National Rivers Authority [1998] HL, the lordship said that, While liability [for water pollution] is strict and therefore includes liability for certain deliberate acts of third parties à ¢Ã¢â€š ¬Ã‚ ¦ it is not an absolute liability in the sense that all that has to be shown is that the polluting matter escaped from the defendants land, irrespective of how this happened. It must still be possible to say that the defendant caused the pollution. In absolute liability, however, a crime may not require any causation link at all, if the specified state of affairs exists. In Winzar v Chief Constable of Kent (1983), the defendant was removed from a hospital by police and was then arrested and found guilty of being drunk on the highway, even though the police officers had put him there. The court held that it was enough to show that D had been present on the highway and was perceived to be drunk. It didnt matter that his presence on the highway was momentary and involuntary. Third, it determines what defences are available to the defendant Many academic papers differentiate strict and absolute liability offences by the availability of the defence of mistaken yet honest belief, a common law defence. Where they are available liability is strict, where it is not available liability is absolute. The situation is made complex in case where defence are provided in the statue for the defendant to escape liability. If common law defence is held by court to be excluded from the offence, does the provision of statutory defence disqualify the offence to be an absolute one? Or that it is the nature of the offence that automatically categorized the offence as absolute liability? In the case HKSAR and SO WAI LUN, the court of appeal has the opportunity to look into the case B (A Minor) v DPP, and made the following observation. Section 5 of the Sexual Offences Act 1956 made it an offence for a person to have unlawful sexual intercourse with a girl under 13 while section 6 made it an offence in relation to girls under 16. Under section 6, a defence was expressly set out where the defendant, provided he was under the age of 24, believed the girl to be 16 or over As to the effect of these two offences, Lord Steyn said at 469A B that since section 5 contained no such defence, it plainly created an offence of absolute liability. So the court is suggesting that unlawful underage sexual intercourse, a traditional well-known example of absolute liability, will not be considered as absolute liability per se in the present of statutory defence in the provision. This observation is reaffirmed in the recent case Hin Lin Yee v HKSAR by Judge Chan PJ in para. 198 (ii) and (iii). In other jurisdiction like Australia, the distinction of strict and absolute liability is even blurred by the fact that common law defence like duress and self defence can be available for absolute liability. How does one determine if an offence is one of strict or absolute liability? The question of whether a statutory offence requires proof of mens rea or is strict liability is treated as a matter of statutory construction, the statutory provision enacting the offence must be construed to determine the legislative intention. In Gammon (Hong Kong) LTD v A-G of Hong Kong [1985] PC, the lordship has summarized the approach to the interpretation: There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence. The presumption is particularly strong where the offences is truly criminal in character. Truly criminal offence usually refers those dealing with violence against persons or property. The presumption is particularly strong because of the stigma attached to the offence. The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute. Sometimes the offence will expressly specify the type or level of mental fault by using words such as willfully, recklessly, carelessly, etc. In such cases, the court must then go on to define the precise meaning of those mens rea words. Where a statute is silent as to the mens rea for an offence, the courts must decide as a matter of general principle or statutory interpretation what level or type of mens rea applies. The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern, and public safety is such as issue. Strict liability has often been imposed in regulatory offences concerning social concern and public safety, such as licensing, pollution, health and safety, driving offences, environmental offences, public health offences. Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can also be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act. In Lim Chin Aik v R, the defendant had been convicted under the immigration laws of Singapore by remaining there (after entry) when he had been prohibited of entering. The aim of the law was to prevent illegal immigration. The defendant had no knowledge of the prohibition order and there was no evidence that the authorities had attempted to bring the prohibition order to his notice. Since there was nothing D could have done to determine whether a order had been made against him and thus ensure compliance with the relevant legislation, the Privy Council ordered that the offence was not one of strict liability because it did nothing to promote enforcement of the law. What policies are behind the creation of absolute and strict liability? It is said that the imposition of strict liability encourages greater observance of and compliance with law, and this is particularly important where matters of public safety, public health and public welfare are concerned. High standards can be achieved and maintained only if those conducting activities involving risks to safety, health, the environment and so on are made to feel that it is not enough just to take reasonable care; they must take all possible care. Secondly, it is said that strict liability, by relieving the prosecution of the task of investigating and proving mens rea against an alleged offender, enhances the efficiency of our administrative and judicial systems. In HIN LIN YEE ANOR v HKSAR, Ribeiro PJ pointed out a reason in particular why absolute liability should be created. Absolute liability can impose duty on a person (which may be a corporate body) where the conduct or task which is the subject of the duty is in practice likely to be carried out by someone else, such as an employee or a contractor. It makes it insufficient for the employer passively to assert an honest and reasonable belief. It promotes proactive management and diligent supervision on his part to see that the duty is in fact being properly discharged. How do the concepts of absolute and strict liability assist or hinder the Prosecution, the Accused and the Court in a criminal trial? The concept assists the prosecution in a criminal trial since it relieves the prosecutor of the virtual impossibility of proving intent or knowledge of the wrongful conduct, particularly where the defendant was a company rather than an individual. No significant hindrance is observed for prosecution in regard to the application of concept. The concept assists the accused in a criminal trial since strict liability draw a clear line between legality and illegality, which may reduce the information cost for the general public to determine whether he is guilty or not. Unnecessary legal fee may also be saved in this regard. On the other hand, the concept hinders the accused in a criminal trial since it impose liability on people who have taken all possible steps to prevent the offence being committed and should not be blameworthy. The onus of proof is also reversed to the defendant side. The concept assists the court in a criminal trial since it allows the court to strike down the many bogus defense that would otherwise succeed if excusable ignorance or mistake were always accepted as defense. On the other hand, the concept hinders the court in a criminal trial since the courts need to engage in time consuming debates about whether the legislature intended strict or absolute liability to apply. The difficulties in identifying strict liability offences can be seen from the inconsistent attitude and decisions. Also, the court need to justify the creation of strict liability does not per see contravene with the Bill of Rights. [SO WAI LUN v HKSAR [2006] HKCU 1195]

Aristotle on Paideia of Principles :: Philosophy Philosophical Essays

Aristotle on Paideia of Principles ABSTRACT: Aristotle maintains that paideia enables one to judge the method used by a given speaker without judging the conclusions drawn as well (I.1 De Partibus Animalium). He contends that this "paideia of principles" requires three things: seeing that principles are not derived from one another; seeing that there is nothing before them within reason; and, seeing that they are the source of much knowledge. In order to grasp these principles, one must respectively learn to recognize what distinguishes the subject matters studied in different disciplines, see first principles as coming from experience and acquire the habit of seeking them in one’s experience and, finally, see first principles as being the source of conclusions. While the second and third points might at first seem to pertain to "nous" and science, respectively, rather than to paideia, the case can be made that paideia involves more of a firm grasp of principles than "nous" and a less perfect way of relating co nclusion to principles than science. Aristotle speaks explicitly of paideia of method, the most noteworthy passage being Bk. 1, c. 1 of The Parts of Animals. He also explicitly identifies certain thinkers as lacking paideia this sort of paideia. Paideia of method allows a person to judge the way a speaker is proceeding without for so much being able to judge his conclusions (639a15). What is less obvious is that Aristotle holds that there is paideia of principles. However, there is one passage which makes this fairly clear (NE 1098b5, cited below). In addition, careful examination of passages where Aristotle calls attention to judgments or misjudgments pertaining to paideia reveals that there is not one but many reasons for calling a method either good or bad, some of which reasons have to do with principles. This can be seen by contrasting the following two cases: Aristotle is critical of ethicists who insist on proceeding solely by demonstration because such rigor is inappropriate to ethical matters (NE 1094b20-28). However, the reason he criticizes Pythagoras for explaining moral virtue in terms of mathematical principles,(1) is that Pythagoras is starting from principles which are inadequate to explaining this matter. Of the two mistakes, that as to the starting point is plainly more serious. Every error as to starting point entails error as to one's subseque nt proceeding, but not vice versa. A principle is always a principle of something, and every method or orderly proceeding has a principle or starting point.

Kaleidoscope Strategy Resume Essay

Pursuing success can feel like shooting in a landscape of moving targets: Every time you hit one, five more pop up from another direction. We are under constant pressure to do more, get more, be more. But is that really what success is all about? Laura Nash and Howard Stevenson interviewed and surveyed hundreds of professionals to study the assumptions behind the idea of success. They then built a practical framework for a new way of thinking about success—a way that leads to personal and professional fulfillment instead of feelings of anxiety and stress. The authors’ research uncovered four irreducible components of success: 1.- happiness: (feelings of pleasure or contentment about your life); 2.- achievement (accomplishments that compare favorably against similar goals others have strived for); 3.- significance (the sense that you’ve made a positive impact on people you care about); and 4.- legacy (a way to establish your values or accomplishments so as to help others find future success). Unless you hit on all four categories with regularity, any one win will fail to satisfy. People who achieve lasting success, the authors learned, tend to rely on a kaleidoscope strategy to structure their aspirations and activities. This article explains how to build your own kaleidoscope framework. The process can help you determine which tasks you should undertake to fulfill the different components of success and uncover areas where there are holes. It can also help you make better choices about what you spend your time on and the level of energy you put into each activity. According to Nash and Stevenson, successful people who experience real satisfaction achieve it through the deliberate imposition of limits. Cultivating your sense of â€Å"just enough† can help you set reachable goals, tally up more true wins, and enjoy lasting.

Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. The WritePass Journal

Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. Abstract for literature review Abstract for Literature review based on Dentists Knowledge of Ionising Radiation dental radiography. ). More importantly, only a handful of studies have attempted to unveil the facts and current state of knowledge and awareness associated with detrimental effects of ionising radiation in Australian and Jordanian dentists. This study, through questionnaires and interviews, examined the dentists that are giving services in Australia and Jordan and assessed their knowledge of such effects that are linked with ionising radiations. The study was carried through intense literature review was carried out to collect the current background in the subject area and the findings of these studies were critically reviewed. Focus of the literature review was based upon the different factors, such as the complications of ionising radiation, complications in different age group people, preventive measures and the current state of knowledge in the dentists all around the globe. Praveen, et.al (2013) suggests that radiation in dentistry is mainly used for diagnostic purposes and in a dental set-up usually the practicing dentist exposes, processes and interprets the radiograph. Although the exposure to such radiation is kept as very less, it is essential to reduce the exposure to the minimum to the dental personnel and patients in order avoid the carcinogenic and organ damaging effects that can be produced by it.. Several radiation protection measures have been advocated to ameliorate these effects. Dose dependent radiation exposure was identified as a one of the key measures in limiting the use of ionising radiation. As suggested by White and Mallya (2012), wise selection of patients to treat with ionising radiation and implement patient-specific reason, which ensures greater benefits than the harms are the two easiest ways to tackle with the risks associated with ionising radiation. However, Ayatollahi et.al (2012) suggests that this practice is not adequately implemented in majority of the dental clinics. Secondly, the review identified children as most susceptible to radiation exposure. Preventive measures such as use of special radiation protection equipments and dose dependent exposure were suggested to be central in minimising the effects of ionising radiation in children in dental clinics. Moreover, it was suggested that knowledge of such risks in dentists can make a significant contribution in the improvement of safe dental practice, ensuring adequate safeguards of both patients and dentists. The literature came up with a conclusion that up to date and evidenced based knowledge is still lacking in dentist regarding the risks of radiation hazard. This will need re-educating and re-training the dentists, make them aware of ionising radiation risks, and make them able to answer any queries from patients about the risks of ionising radiations (Praveen, et.al. 2013). As part of the clinical practice, all dentists are required to undertake radiography as part of the clinical practice in which dentists and members of the dental team, must understand the basic principles of radiation physics, hazards and protection, and should be able to undertake dental radiography safely with the production of high quality, diagnostic images (Rout and Brown, 2012). Although the grey area that was identified was that, dentists are poorly informed on how to use medical imaging tools safely and efficiently. Furthermore, they are found to underestimate the radiation risk and their devastating effec ts in patients’ long term health. In addition, some of the studies revealed that despite some knowledge on the harmful effects of ionising radiation in patients, as well as in their own health, the knowledge of patient’s protection including the exposure distance and prevention of radiation leakage, protection of personnel, i.e. the occupational risk hazards of ionising radiation, dentists were reluctant to employ these safety measures in day to day practice (Rout and Brown, 2012)). Considering the context of this study, no research has evaluated Australian and Jordanian dentists’ knowledge on the risks associated with ionising radiation in the dental clinics; suggesting the importance and need to carry out this study. This puts patients of different age groups in significant risk of developing pathological conditions that are induced by the exposure to ionising radiation. Thus, designing a training module to teach dentists about radiation safety and risk is mandatory for safe dental health practice. This study provides insights into developing new strategies, policies and practices to minimise or even avoid such risks in the future. References Gray, C.F. 2010, Practice-based cone-beam computed tomography: a review,  Primary dental care : journal of the Faculty of General Dental Practitioners (UK),  vol. 17, no. 4, pp. 161-167. Lalla, R.V., Saunders, D.P. Peterson, D.E. 2014, Chemotherapy or radiation-induced oral mucositis,  Dental clinics of North America,  vol. 58, no. 2, pp. 341-349. Metsala, E., Henner, A. Ekholm, M. 2013, Quality assurance in digital dental imaging: a systematic review,  Acta Odontologica Scandinavica,  . Praveen, B.N., Shubhasini, A.R., Bhanushree, R., Sumsum, P.S. Sushma, C.N. 2013, Radiation in dental practice: awareness, protection and recommendations,  The journal of contemporary dental practice,  vol. 14, no. 1, pp. 143-148. Rout, J. Brown, J. 2012, Ionizing radiation regulations and the dental practitioner: 1. The nature of ionizing radiation and its use in dentistry,  Dental update,  vol. 39, no. 3, pp. 191-2, 195-8, 201-3. Verma, S.K., Maheshwari, S., Singh, R.K. Chaudhari, P.K. 2012, Laser in dentistry: An innovative tool in modern dental practice,  National journal of maxillofacial surgery,  vol. 3, no. 2, pp. 124-132. White, S.C. Mallya, S.M. 2012, Update on the biological effects of ionizing radiation, relative dose factors and radiation hygiene,  Australian Dental Journal,  vol. 57 Suppl 1, pp. 2-8.

Diagnosing and Treating Mental Disorders

Diagnosing and Treating Mental Disorders Free Online Research Papers Mood Disorders affect around forty four million Americans each year. Mental illnesses are the most common affecting mental health today. The two most common mental disorders being depression and bipolar disease. There are several factors in which researchers believe contribute to mental disorders. Some researchers believe that the most severe mood disorders are caused by imbalances in the brain’s chemical activity. Researchers also believe the environment can play a part in mood disorders and it may run in families. Some mood disorders may be easier to diagnose due to the symptoms that the patient is showing, while others may be a little more difficult and require more testing due to the mood disorder going unrecognized. The good news is that with the proper medication and psychotherapy a person afflicted with a mood disorder can go on and live a productive life. With mood disorders such as bipolar disease and depression being so prevalent in the United States, is there more we should be doing in regards to research to curtail the number of people of who are affected? Bipolar disease is a mood disorder which is defined by extreme mood swings and â€Å"regular† behavior. Researchers believe that this particular disorder runs in families. This mood disorder usually begins in a person’s middle twenties and last throughout their lives. If gone untreated this mood disorder has devastating effects like divorce, job loss, and possibly even suicide. Symptoms of this mood disorder are increased energy, less need for sleep, inflated self esteem and poor judgment among other things. It is really hard to diagnosis someone with this disorder unless they are given a full medical evaluation. There are no lab tests to diagnosis someone with bipolar disease. Effective treatments are available that greatly reduce the suffering caused by bipolar disorder, and can usually prevent its devastating complications. However, bipolar disorder is often not recognized by the patient, relatives, friends, or even physicians. People with bipolar disorder may suffer needlessly without proper treatment, for years or even decades. Also, many patients do not respond to at least one drug, and many show no response to several. This means that combination treatment is often the rule because a combination of different drugs with different methods of action can be more effective without increasing the risk of side effects. Lithium is still the most used drug overall in mania, but mood stabilizing anticonvulsants are also widely used† (Bipolar Disorder, 2007, para.3). Depression is a mood disorder described as a person’s feeling of sadness extending past a couple of weeks. Three to four million people in America are afflicted with disease which is more prominent in women. Researchers are still unsure which brain mechanisms actually cause this mood disorder. Depression affects a person’s appetite and sleeping patterns. The person may also lose interest in activities that they enjoyed before. The person will also experience suicidal thoughts and behaviors. To really diagnosis someone with depression they must display some of the above mentioned symptoms longer than two weeks. There are also different terms associated with these mood disorders. The term clinical depression means that an episode of depression shown from a person was so great that it requires medical treatment. There is major depression when the disorder is so great that a person is unable to get themselves out of bed. Finally there is seasonal affective disorder in which the disorder is associated with the seasonal changes in the amount of available daylight. A good example of this is when we turn our clocks back an hour in the Fall for Daylight Savings Time. There are several types of therapy available to help people with this disorder like: interpersonal therapy, behavioral therapy, and electroconvulsive therapy when small amounts of electricity are applied to the scalp to affect the neurotransmitters in the brain. Medications used to treat this particular mood disorder are: tricyclics, selective serotonin re-uptake inhibitors, and monoamine oxidase inhibitors. Mood disorders are serious mental illnesses which affect many people in the United States. The most common being bipolar disease and depression. The difference between the two is that bipolar disease cannot be diagnosed with a lab test; you have to have a complete medical evaluation to diagnosis this disorder. The sad part is that by the time you go for a medical examination you may of done things to disrupt your life and the life of others. In most cases people who suffer from bipolar disease do not realize what they are doing during an episode and are off their medication. It makes me think of a guy I work with whose wife suffers from this disorder. She would go off her medication because she felt fine and go missing for a couple of days. There are also the days when she has an episode at home and the police come to the house. The sad part is that there is a young child is involved, so not only is the mood disorder affecting her it is affecting the rest of the family. The good news is that there a good portion of people who have this mood disorder are being treated and are able to live normal lives and hopefully with more technological advances we will be able to combat mood disorders all together and make America a greater society. Research Papers on Diagnosing and Treating Mental DisordersArguments for Physician-Assisted Suicide (PAS)The Effects of Illegal ImmigrationGenetic EngineeringThe Masque of the Red Death Room meaningsCapital PunishmentThe Relationship Between Delinquency and Drug UseWhere Wild and West MeetThree Concepts of PsychodynamicPersonal Experience with Teen PregnancyInfluences of Socio-Economic Status of Married Males

Exectutive Coaching Essay Example | Topics and Well Written Essays - 1250 words

Exectutive Coaching - Essay Example And Terry Larsen wants to turn the bully nature style of management environment into caring and more open cooperate culture which is made up of mutual trust, teamwork, spirit and respect. In the time of Yvette Hyater-Adams and Terry Larsen, they both aimed on these issues and arranged and conducted workshops and training conferences related to diverse cultural, gender discrimination and diversity. The main issues which CoreStates was going through were also the same. There were these inside politics which were eating the environment of organization like termite. So the main issues which a company was going through were culture issues, lack of respect, openness towards diversity, mutual learning, lack of teamwork and trust. Hyater Adams and Terry Larsen though both were from different background believed in same vision and wanted to bring discipline and mentor the people of organization. So they aimed to improve the cultural relation of workers in Corestate. OCCURANCE OF ISSUES: When Hyater Adams joined the Corestate, she being a black woman has always faced hard difficulties. She wanted to apply her broad vision of culture and diversity to the people of Corestate. Being a vice president she had a position to bring and apply her vision which was not an idea leading to personal betterment but to the organization. Tarry Larsen and Hyater Adams

Legal Advice Case Study Example | Topics and Well Written Essays - 1500 words

Legal Advice - Case Study Example Harvey Carpets Ltd has agreed to provide the financial support to enable the Football Club to build a new stadium. The Football Club is at a loss as to how where to start in proceeding with developing their new stadium and have turned to you for your advice. During your initial meeting with the Football Club you learn that they have very little experience of the building process but are familiar with the basic terminology. The Football Club has a budget in mind for the project and is keen for the new build to make a statement about the bright future the Club seeks to enjoy and to promote strong links with the community and local schools. The Football Club has obtained outline planning permission. i) The range of professional appointments the Trustees could make during both the pre-construction phase and during construction itself. It will be discussed which professionals should be appointed and how the choice is influenced by one's preferred procurement option. ii) The procurement options available for the design and construction of the stadium and details of one's preferred procurement option with supporting reasons for one's expressed preference should be discussed. The following report is written for the benefit of The Football Club with the aim that it can be used as a basis for discussion at their next Board meeting called to decide the future of the project. The Board is directly addressed. To the Trustees of the Board: As your advisor, I suggest that you hire three people immediately. These three people would be an architect, a contractor, and an accountant. The reasons for hiring each of these three people will become quite apparent very quickly. The reason one needs to get a good architect is paramount. A good architect on the project lays the foundation for everything else. "Architectural services should be calculated as part of the project cost, typically just under ten percent of the building budgetArchitects bring a global vision to the very complicated process of building'" ("Working With an Architect," 2010, p. 1). Ideally, one wants to choose an architect for the project who has character. In the same way this architect's character is, so shall your structure be. You want an architect who will be able to see the project through from inception to completion. Therefore, this person is going to have to envision the project as well as bring it to fruition. The architect has to have a good idea in mind of what the finished product is going to look like. Therefore, you must choose an architect who not only can produce physical plans for what a building will look like-but someone who has a vision. By vision, I don't mean that he can see well. By having vision, I mean that this architect should ideally have a good grasp of architectural principles such that he or she knows what makes a striking building, and how that knowledge can best be applied to your particular project. Now, in this instance, I would be