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Who is liable Free Essays

This situation is full of negligence .So let’s start from the very beginning. â€Å"Bobby and Rachel were playing basketball on the school playground with a brand new backboard and rim built and installed by ACE Sports†. We will write a custom essay sample on Who is liable? or any similar topic only for you Order Now So this new equipment was installed by ACE Sports and this is their fault that Bobby was injured. If an accident is caused by a defective product, the manufacturer and seller of the product are both liable even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened. Also they were playing at the school playground, so the school authorities should stick to the security rules, and check school equipments. As we can see Rachel was also a â€Å"good† example of negligence, she wasn’t aware of the first aid rules and this is the fault of the school. She even didn’t have any idea to take Bobby to the school First Aid Box .As it known   The Health and Safety (First Aid) Regulations, 1981, placed a general duty on the University to make adequate First Aid provision for all employees should they be injured or become ill at work. Each School and/or building is therefore required to provide:  a number of properly stocked First Aid Boxes appropriate to the risks of accidents or injuries that could arise from school activities and to place these boxes in the care of an Appointed Person or qualified First Aider;  access to the services of one or more qualified First Aiders as appropriate to the work of the School (Area);   notices giving the names and locations of the qualified First Aiders, Appointed Persons and the locations of the First Aid Boxes. The increased risk of injuries in recent years has made us all the more sensitive of the need for clear communication with youth and parents or legal guardians, for appropriate supervision for all activities, and proper maintenance of our facilities to reduce the possibility of accidental injury. The term â€Å"risk management† is often used to describe efforts to minimize possible injuries to those who are in care. A teacher’s duty of care also relates to the quality of instruction or training provided to the students. Regulation 298 requires teachers to â€Å"be responsible for effective instruction, training and evaluation of the progress of pupils in the subjects assigned to the teacher.† Ineffective instruction and training can cause serious harm to students, especially to those participating in activities that have the potential to place them at risk. When planning courses and activities for students, educators should consider what needs to be done to reduce risks of liability. Teachers must make every effort to address such crucial issues as the degree of supervision required, the instruction and training needed to permit the students to function properly, and the condition of the equipment to be used. So Rachel had no experience at all in this aria. The next element of negligence: â€Å"When they arrived at City General hospital, Bobby was immediately seen by a nurse who gave a large towel to Bobby.   Nurse Williams told Bobby to put pressure on the cut while she tried to get a hold of his parents.† As we can see even the nurse didn’t provide right first aid. Instead of towel she should give special bandage:   â€Å"Individually Wrapped Triangular Bandages (preferably sterile): can be used as a pad to stop bleeding, as a sterile covering for large injuries such as burns, as a bandage, or to make a sling.† So we can judge her for the negligence because a person can be considered negligent whenever he or she had a duty to act carefully and failed to do so. She failed not only provide first aid but also she made him to wait, instead of giving him certain treatment. Unfortunately this hospital shows us that a great part of its staff failed in their duty: Dr. Andrews, a surgeon who was going to have a lunch and sent him to make an x-rate, then ten minutes later, Nurse Williams who told Bobby to go to the x-ray department, Johnny, the x-ray technologist who took some x-rays and sent Bobby back. So let’s turn to the STATE (TORT) LIABILITY LAW. There are three types of torts under state law, each with different levels of proof and focusing upon different elements of the injury or damage. Evidence rules, precedent, and judicial discretion play a role in determining what type of tort law will be applied. NEGLIGENCE — In this case, intent or mental state do not matter. What matters is whether some inadvertent act or failure to act created an unreasonable risk to another member of society. (Examples: speeding resulting in traffic accident; not responding to 911 call) Most states have three levels of negligence: (1) slight or mere (absence of foresight); (2) gross (reckless disregard) this is our case and (3) criminal. To be prosecuted under tort law for negligence usually requires at least level 2 since to be prosecuted for mere negligence requires considering foresee ability which would support charging the person with an intentional tort or not. Examples of gross negligence or accumulations of mere negligence constitute deliberate indifference.   This standard is usually satisfied by looking at whether or not the agency administration engaged in supervisory negligence. Virtually every decision a police administrator makes subjects them to possible liability. There are examples of supervisory negligence and our case relates to them: Failure to treat – also a liability of officers and jail manager; not providing first aid, ambulance service, or counselling (given the foresee ability of suicide); Negligent entrustment ;Negligent assignment ;Failure to direct ;Failure to discipline; Failure to investigate ;Failure to protect ;Negligent classification etc. Negligence, according to Sr. Mary Angela Shaughnessy, S.C.N., J.D., is the most common of all lawsuits filed against educators. Negligence is an unintentional act or omission, which results in injury. Due to the fact that negligence is unintentional, a person charged with negligence is generally not going to face criminal charges but monetary charges (Shaughnessy, 1996, pp.8-9). So I also can state that we deal with not only simple, everyday negligence but with Legal negligence. Legal negligence must include four elements. If any of these elements is missing, legal negligence cannot be found. The four elements of negligence are: Duty †¢ Violation of duty †¢ Proximate cause †¢ Injury Our case has all this elements. The person charged with negligence must have had a responsibility or a duty in the situation. Injuries that occur at a place or time where the person does not have responsibility does not constitute liability. Violation of duty means that the person charged with negligence was not engaged in the responsibility or duty. Accidents can happen even with proper supervision but there is no negligence if there is no violation of duty. And as we can see the violation of duty had a great deal in this case. Now I can state that I have entirely evaluated the potential liability (tort or otherwise) of the various parties in this case. SOURCES 1.  Ã‚  Ã‚  Ã‚  Ã‚   Police Liability Concerning Human Rights 2.  Ã‚  Ã‚  Ã‚  Ã‚   Kappeler, V. (1993). Critical Issues in Police Civil Liability. Prospect Heights, IL: Waveland Press. How to cite Who is liable?, Essay examples

Elements O Fdesign in The Dark Knight free essay sample

The Dark Knight† Mise-en-scene is a French term that refers to the staging and visual arrangement of a dramatic production. This includes such elements as scenery, properties, costume, lighting and the movement of the characters. In film making, the term is also used for the combination of all the elements in front of the camera (setting, lighting, acting, costume), distinct from the camerawork and editing of the film. We will write a custom essay sample on Elements O Fdesign in The Dark Knight or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page With regards to film, the director, production designer and art director all work collectively to create the mis-en-scene for a movie. The film clip that I have chosen to review with regards to mise-en-scene, design elements, and film production is â€Å"Always Smiling† from The Dark Knight. The artists involved in the film’s production are: Christopher Nolan (director), Nathan Crowley (production designer) and Kevin Kavanaugh and Simon Lamont (supervising art directors). The director, Christopher Nolan, has a primary role of overseeing every aspect of the film. It is the director who develops the vision, and acts as a story teller for the audience. He decides the overall tone and cinematic experience of the film. The director also is responsible to coordinate the actors’ moves, determine camera angles, and they may even be involved in the writing process, financing and the final editing of the film. The production designers are primarily responsible for the entire art department. They have a crucial role in assisting the director to achieve the film’s visual requirements. They may be asked to look at scripts before a director is approached to provide cost estimates for the art department’s projected spend on the film. When initially reading a script, the production designer will assess the visual qualities that will be used to help create the desired atmosphere that will bring the story to life. The art director is the person who is ultimately in charge of the overall visual appearance of a film, and how it appeals to the audience. The art director makes decisions regarding visual elements to be used, artistic style, and motion. It is the art director’s role to bring the collective input and creativity of the team members and the director’s vision into one olid vision. Lighting is used in this scene to create an overall dark and sinister mood, as is prevalent throughout the entire film. The lighting is subdued, never too bright, and seems to â€Å"hang† over the character that the camera is focused on, but everything in the background is quite dark and almost blurred. The lighting adds to the dark and sinister story that plays out in the film. The setting for the movie is Goth am, a modern day metropolis similar to New York or Chicago. This particular scene takes place at a formal gala or dinner that is being held in a ballroom type setting. It’s a dimly lit venue, with formally dressed guests drinking champagne and eating hors d’oeuvres. The scene is filmed such that the camera is continuously focused on the two main subjects (The Joker and Rachel) as they have a conversation. The camera is slightly above and behind them and rotates around them as they talk, adding to the intensity of the scene. The background and people in the background are blurred. It somewhat represents a battle between good and evil as the focus switches back and forth between the two characters. The costuming and makeup in this scene is particularly important for Heath Ledger’s character The Joker. His disheveled clothes, discolored messy hair and clown like smeared makeup (with the permanently carved smile on his face) create a sinister and disturbed demeanor. Rachel (played by Maggie Gyllenhal), has a sophisticated yet low key look in her formal dark colored evening gown, up-do hairstyle and minimal makeup. The audience gets the feeling of dark and maniacal evil versus the pure and innocent. I believe the film makers did an effective job of creating the mis-en-scene not only in this particular scene, but also in the entire film. The design elements definitely lend themselves to the overall dark feeling of the movie and the sinister plot involving The Joker versus Batman and the overall theme of good versus evil. References Goodykoontz, B. , Jacobs, C. P. (2011). Film: From Watching to Seeing. San Diego, CA: Bridgepoint Education, Inc. www. filmclips. com www. imdb. com

Outback Steakhouse Case Study Essay Example

Outback Steakhouse Case Study Essay Overview of the Outback Case Study Analysis The authors of the Outback Goes International study, (hereinafter the â€Å"Study† or â€Å"Case†) depict a restaurant company, Outback Steakhouse, (â€Å"Outback†, the â€Å"Business†, or the â€Å"Company†) that by 1995 had experienced significant growth over the prior seven years. The Case addresses how management identified international expansion and product diversification as the principle elements of a strategic plan formulated to continue rapid expansion. This report will evaluate Outback’s strategies of international expansion and restaurant diversification in light of alternative means of achieving enhanced shareholder value via growth. Several uncertainties and challenges, which management acknowledged and the Case documents, faced Outback. The methodology used by the Company to consider its strategic options will be addressed by this report as well. The analysis contained herein will evaluate issues pertaining to those challenges, relying on the comparative performance of the Company’s publicly traded stock as the ultimate measure of management’s success or failure. This report will first evaluate the fundamental elements of the companies’ strategic plans, incorporating published academic research regarding strategic decisions, risks and the basis for management’s decisions. Additionally, further evaluation of the opportunities and competitive achievements in the international arena will be conducted. Finally, this report will attend to and appraise the ultimate financial performance achieved by the Company since the establishment in 1995 of its strategic plans and subsequent preparation of the Case being analyzed herein. We will write a custom essay sample on Outback Steakhouse Case Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Outback Steakhouse Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Outback Steakhouse Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Comments from Outback’s legendary C. F. O. Bob Merritt, will serve to punctuate the conclusion of this analysis; Outback’s strategies of product diversification and international expansion did not pay off for shareholders. Strategic Planning Methodology In evaluating Outback’s strategic plan this report adopts the fundamental assumption that management has as its primary objective the creation of shareholder value. Presumably, strategic decisions of management are designed to support this value proposition. A number of alternatives exist for companies to create value and Outback’s challenge was to weigh potential returns of alternatives against their inherent risks. Adrian J. Slywotzky and John Drzik of Mercer who document seven classes of strategic risk in their April 2005 article Strategic Risk Management published in the Harvard Business Review, set forth that in managing strategic risks there are an, â€Å"array of external events and trends that can devastate a companys growth trajectory and shareholder value. † It is evident that Sullivan, Outback’s chief executive, was aware of risk when he stated, â€Å"†¦the world is becoming one big market, and we want to be in place so we don’t miss that opportunity. † Management can react to risk through five generic responses as addressed in A framework for integrated risk management in international business, published in 1992 by Dr. Kent Miller in the Journal of International Business Studies . Miller’s five responses are identified as avoidance, control, cooperation, imitation, and flexibility. Sullivan and his management team’s plans reflected their primary concerns over two of the strategic risks identified by Slywotzky and Drzikclear; stagnation and competition. Stagnation is characterized as flat or declining sales volumes; in the case of Outback slower growth. The risk of competition is characterized by emerging competitive threats; in the case of Outback this strategic risk was represented by restaurant competitors in their markets. These were appropriate concerns and priorities given the facts of the Case. In responding to these threats, management’s reaction reflected four of Miller’s five categories of risk responses including control, imitation, cooperative responses and organizational flexibility . Sullivan and his team sought to control uncertain variables rather than passively treat the uncertainties as constraints by continuing to gain market power via growth in units. In addition they resorted to imitation of rival organizations strategies to cope with uncertainty by pursuing a â€Å"multipronged† strategy that both encompassed new restaurant concept development and international expansion; a strategy that had been adopted by other competitors including their former employer and competitor Brinker International. Outback also intended to utilize joint venture and franchise agreements as a cooperative response by creating partnerships that produce interdependence. Finally, as Miller points out, the Company adopted organizational flexibility by embracing, â€Å"the most widely cited example of flexibility in the strategy literature†¦product or geographic market diversification. † International expansion and new restaurant concept development certainly fulfilled this documented organizational flexibility response to risk. Absent from the Case and potentially excluded from Outback’s strategic considerations was the alternative response of expansion and diversification through a merger or acquisition. While the Company did acquire an Italian concept, Carrabbas Italian Grill, for development purposes, the business was very small at the time and as a result did not generate synergies or make significant near term contributions to revenue and profits. While Outback may have evaluated acquisition or merger alternatives, the Company did not integrate this strategic alterative into its plans. In fact, in June of 1999, Ruth’s Chris Steakhouse was available for sale . This company represented several hundred million in annual revenues with obvious synergies. However, despite in-depth discussions, Outback avoided making an offer to acquire the business and Ruth Chris was sold to the private equity firm of Madison Dearbourn Partners. Ironically, Ruth Chris went public in August of 2005, raising $235 Million that represented, â€Å"the richest IPO from a restaurant firm since Dominos Pizza (DPZ) kicked off in July, 2004 with proceeds of $337 million†, according to Thomson Financial. This was an opportunity the Company missed, and reflects an error in not considering acquisitions as a prong in its â€Å"multipronged† plan. In reviewing the Case, and researching the basis for Outback’s evaluation of strategic alternatives in 1995, management’s decisions appeared prudent at the time and reflected established theories in strategic thinking, planning and risk evaluation. Expanding internationally and diversifying through new restaurant concept development represented sound direction at the time. To further support the basis for the aforementioned strategic direction of the Company, one can look at the growth trajectory of the business. At the end of 1994, Outback had 214 locations in operation. Its annual sales growth from inception in 1988 until its fiscal 2004 year end averaged 53. 91%. Since 1992 the company had more than doubled revenues, growing from $189. 2 Million in 1992 to $415. 9 Million in 1994. As the Study notes, Chairman Sullivan described this growth, expressing that, â€Å"we can do 500 to 600 restaurants (domestically)†¦ over the next five years. † In the year 1995 had Outback maintained its averaged unit growth rate of 53. 91% over the prior three years the Company would have reached U. S. market penetration of 600 locations in a matter of a few years. In fact the Case notes, although somewhat more conservatively, â€Å"At the rate the Company was growing (70 units annually), Outback would near the market’s saturation within 4 to 5 years. † Therefore Sullivan had to explore alternative methods of growth to continue to create value. The business had, according to the Study, a â€Å"multipronged strategy† that included the expansion of its Italian chain â€Å"Carrabbas Italian Grill† and the development of new dining themes. Interestingly, by 1994 Brinker International, a key competitor of Outback, had already achieved a degree of international expansion and planned to continue its pursuit of this strategy. According to Brinker International’s 10K filing with the SEC dated September 27, 1994, â€Å"During the past two years, the Company entered into several international franchise agreements, which will bring Chilis to Australia, France, Puerto Rico, and the United Kingdom in the next 12 months. In fiscal 1994, the first Chilis restaurants outside North America opened in Singapore and Malaysia on February 4, 1994 and June 15, 1994, respectively. The third, fourth and fifth overseas Chilis locations opened in Egypt, Australia and Puerto Rico on July 19, 1994, August 28, 1994 and September 6, 1994, respectively. The Company intends to continue pursuing international expansion and is currently contemplating development in other countries. † In addition to Brinker’s international expansion, it also had amassed 458 locations that included six different restaurant concept brands. It is apparent that Brinker International had already pursued the plan that Outback ultimately adopted, further confirming Outback’s adoption of Miller’s imitation response to risk referenced previously. Restaurant competitors of Outback that served the casual, full-service dining segment generally had not expanded internationally like fast food restaurants. This is confirmed by the Case, which lists T. G. I. Friday’s and Applebee’s, the only direct competitors of Outback on the list, as having only 39 international locations as of 1994. The Case failed to include Brinker International in its data, but given the documented expansion, the number of casual dining chains engaged in international expansion was relatively limited in 1994 at the time Outback was considering its plans. Obviously an opportunity existed for international growth; but would this growth add value to shareholders? Recall that this report addresses the strategic decisions of the Company in the context of appreciation in shareholder value, which represents the ultimate measuring stick of performance. A June 2005 report in the Outlook Journal titled Getting a Truer Picture of Shareholder Value, concluded that, â€Å"there is a limited and diminishing correlation between those measures (net income and earnings per share) and share prices. A company’s income statement usually accounts for only about 4 percent of market value for a stock with a typical price/earnings ratio of 25, while the balance sheet covers about 25 percent. The remaining 70 percent of market value consists of intangible assets and expectations of future growth. † Pushing continued expansion to support or further promote publicly traded share prices is common. However, as Motley Fool’s Brian Green attests in a February 2000 article commenting on then popular P. F. Chang’s, a recent star in the domestic casual dining segment, stock, â€Å"Its at this point in the script when the customer lines are stretching out the door and the national expansion plan is gearing up that so many hot restaurant operators of yesteryear have screwed up everything. † In fact, the notion that international expansion is an intelligent strategic option for a business in the service sector, such as Outback, is questionable. While it is generally understood that a firm’s financial performance improves with a greater multinational presence, empirical studies have rejected this notion. Instead, becoming an international business has been shown to have, â€Å"Both a U-shaped relationship (which suggests an initially negative effect of international expansion on performance, before the positive returns of international expansion are realized) and an inverted-U-shaped relationship (which suggests that international expansion beyond an optimal level is again detrimental to performance, and results in a negative slope). Meaningful analysis of expansion in the international marketplace by restaurant companies and the related financial performance of such companies is not readily identifiable. However, the Case does address many issues that created great challenges for international expansion, including location, distribution, local appeal, and other factors. Undoubtedly, if a proven financial model exists for a restaurant brand domestically, this does not mean that the same formula is applicable in foreign markets. Regardless, over the past decade Outback has expanded to 123 units internationally and developed six new restaurant concepts including Carrabbas Italian Grill, Lee Roy Selmons, Cheeseburger in Paradise, Bonefish Grill, Paul Lee’s Chinese Kitchen, and Flemings Prime Steakhouse Wine Bar. The Company also has a joint venture development relationship with Roy Yamaguchi, the chef and creator of Roys Restaurants located in Hawaii, the U. S. , and Japan. These accomplishments are in line with the strategies management outlined over ten years ago. However, despite achieving their goals, the ultimate judge of the strategic plan should be defined by the financial performance of the Company and finally the enhancement of shareholder value. Outback Financial Performance – The Results As mentioned in the introduction, increasing shareholder value is a primary objective of management. The results of a businesses’ profitability, growth prospects and returns contribute to investors’ valuation and ultimately judge management performance over the long haul. Share prices of public companies are objective reflections of market value and serve to compare Outback’s performance during the past ten years to a number of its main competitors. It should be noted that each of the competitor companies included in the comparison are large chains, with significant revenues, market capitalization of several billion dollars, managing multiple concepts and having significant international operations. These restaurant chains are identified as the â€Å"four big players† , in the restaurant industry. For additional evaluative purposes, the broad S 500 index is also included. (THIS SPACE LEFT BLANK FOR FORMATING PURPOSES ONLY) Graphic of Competitive Stock Price Appreciation From 8/26/95 through 8/26/05 Graph 1 Outback Steakhouse = OSI, EAT = Brinker International, APPB= Applebee’s, DRI = Darden Foods sp500=S 500 Of the four companies depicted in Graph 1, Outback has generated the poorest appreciation in stock price during the past decade. Darden Foods experienced the greatest appreciation, rising nearly 400%, Brinker International appreciated nearly 250%, Applebee’s nearly 150%, and Outback, below the performance of the S 500, appreciated 100% over the past decade. These are disappointing results and would not reflect the optimism demonstrated in the Case performed on Outback regarding its plans in 1995. What is the cause of this poor performance in shareholder value appreciation? Regrettably, financial disclosure documents submitted by Outback and its competitors described in this report do not provide adequate evaluation and disclosure of international operations to ascertain the relative financial performance of its international business. While Outback has successfully opened 123 units internationally since its strategic decision a decade ago, the specific financial contributions from these ventures are indeterminable. However, the appreciation of the Company’s stock is irrefutable. An interesting development pertaining to the financial performance of Outback is the recent surprise retirement of its CFO, Bob Merritt. Highly regarded and referenced extensively in the Case, it would be interesting to learn of Merritt’s perspective. Perhaps these observations would provide clues as to Outback’s performance issues. Thankfully, in a June 2005 interview with Chain Leader Magazine written by David Farkas entitled, Parting Shots, Merritt is rather candid. The article first substantiates Merritt’s stature as described in the Case. â€Å"Bob’s legacy will be as the pre-eminent CFO in our industry over the past two decades,† says investor and former Brinker International CFO Jim Parish. SG Cowen’s Paul Westra, who has followed Outback since 1994, considers Merritt to be â€Å"the granddaddy† of CFOs. While Merritt cites frustrating changes in financial accounting standards as a motivation for his abrupt departure from the Company, his thoughts are not limited to this point and he provides some keen insights to what has gone on in the halls of his former employer. When asked about his perspective on the casual dining segment, Merritt opined, â€Å"It’s going through a fundamental change. You now have four big players†, these are the companies included in this report’s stock price comparison, â€Å"and they are all net generators of cash. He added, â€Å"It’s also the most competitive environment and the worst cost environment. † Merritt makes an interesting point that goes to the heart of the issue of growth in the industry when he says, â€Å"There is an inflection point in the development of any restaurant concept. The cost to build the incremental restaurant escalates faster than the ability to raise prices. The consumer doesn’t care that the cost to open a restaurant in 2005 is 50 percent higher than the cost of the one five miles away that was built in 1995. They are not going to pay proportionately more to eat in the new unit. As a result, returns go down. At some point the incremental return doesn’t justify the incremental investment. † Finally Merritt points out, â€Å"Will they (management) do what they have historically done and continue to mindlessly expand these concepts well past this inflection point and destroy capital, or will they change and become more concerned about generating real shareholder value and how to grow it? A number of companies in this industry are destroying capital by continuing to grow even though incremental returns don’t exceed their risk-adjusted capital cost. † Was Merritt referring to Outback’s expansion strategy, given its relatively dismal performance during the past decade? It certainly sounds like it based on the review of share price appreciation of his former employer, Outback Steakhouse. Conclusions Outback’s plans as described in the Case and reviewed in this analysis seemed quite prudent at the time. However, if the objective of management is to maximize shareholder value, given Mr. Merritt’s commentary, is this best accomplished by expansion that might not fundamentally provide adequate financial returns? Judging by the results and Mr. Merritt’s thoughts, Outback’s expansion plans have not been successful. Outback’s results as compared to its competition fail to reflect a business that achieved what it had hoped to. While adding many units, it is clear that the incremental benefit from its expansion did not enhance value in a manner that compares to its competitors. Perhaps the results of the strategy had more to do with poor execution.

Convicted Criminals and Recorded DNA essays

Convicted Criminals and Recorded DNA essays Once convicted criminals have their DNA fingerprints in CrimTrac's database, police are able to identify them faster as suspects, if they re-offend, which saves investigation time. When confronted with DNA evidence, guilty suspects may be more likely to confess and plead guilty, also saving police time and reducing court costs. The DNA database gives Australian police a tool to increase the closure rate of not only serious offences but also high volume crimes such as burglaries. As many crimes are solved more rapidly, the police will be free to investigate other crimes that are outstanding. As more crimes are investigated and solved, Australia will become a safer place to live. This is a major argument for all people convicted of a crime to have their DNA fingerprints stored on the DNA database. However, despite the present success of DNA databases such as CrimTrac, concerns are raised about the ethics presently involved, and also, the future repercussions of such a database being in existence. One present concern is that with so many samples being collated, there is a remote chance that two DNA fingerprints would look the same but not be from the same person (besides the case of identical twins). If a convicted criminal has their DNA on file and is later found to be a similar match to DNA found at another crime scene, it would be very difficult for the person to argue that he or she had nothing to do with the crime, not to mention impossible for an identical twin to argue on DNA evidence alone. It can also be argued that convicted criminals may be implicated in any other crime simply based on where they happened to leave a DNA trail. Concerns are raised that convicted criminals will be treated as second-class citizens. Despite people regarding DNA as being very strong, in criminal trials, forensic experts talk only about the probability that DNA came from a defendant, and not 'yes' or 'no' to the question of it matching DNA at the...

Assignement Assignment Example | Topics and Well Written Essays - 750 words

Assignement - Assignment Example Test of Written English, The Cambridge Certificate and the Diploma of English Studies, and the FSI Oral Interview Test. In order to prepare the students for these tests, we must make sure to prepare them by providing them with mock tests in the areas of pscychometric, linguistic, integrative, and communicative tests. The psychometric tests can be done using the Educational Testing Service practice psychometric standards. As teachers, the practice tests that we administer using their guidelines determines the competence of the student in relation to his grasp of the English language and its practical uses. The standardized test allows students to take the test based upon their level of expertise in the language by allowing them to modify and edit their answers. On the other hand, the integrative tests have been proven to test merely the surface knowledge of the student. This can be done using an oral interview method or composition testing which is done via essay writing. Even though dictation is also considered an integrative test, it has proven to be inconclusive in its results since listening skills vary from learner to learner. Teachers will most definitely be inclined to test the students using these formal assesment types but, they also have the option to informally test the students in the form of an oral interview. These oral interviews will not provide the same overview of the student's skills that the formal tests provide but it will give the teacher an idea as to the degree of learning that the student has actually acquired and retained from the lessons. Each of the testing types can be administered to the students depending upon their level of learning or difficulty in following the lesson. In formal schools, the more formal testing methods suggested by the Education Testing Service decides the learning accomplishment of the students since they have more time for practice runs. It is important to note however, that informal testing via oral response tests will also function in the same capacity should the teacher not have enough materials to back up the multiple testing methods of ETS. Of course testing results will vary for the EFL/ESL elementary and high school learners. That is because their mental capity and development in terms of ELLs, such as speaking, listening, and writing, vary with the intellectual maturity that the students are developing. An educator cannot expect a child of 8 to be able to carry on a conversation with an adult at the level of a high school student / English speaker. That is why the tests that are given to the elementary and high schools students of EFL/ESL are as different as night and day. The elementary student's interests, verbal, and written capacities are limited by his age and exposure to life, including his degree of practice in the English language so therefore, he cannot be tested and judged at the same level as a high school student. A high school student on the other hand is assumed to have been studying English far longer and already has an established foundation for the ELLs that will allow him to perform at a higher level than his elementary counterpart. Most EFL/ESL teachers these days fail to properly test their students and rely mostly on the practice tests because it is easier for them to test students from the textbook

The 2nd Amendment and the Right to Bear Arms Essay

The 2nd Amendment and the Right to Bear Arms - Essay Example Guns were even provided to those who could not afford weapons. (Gerber 2011) The debate over the second amendment today is that those in favor of gun control laws fear that a weapon for defense can become a weapon of offence either accidentally or intentionally. For that matter, the first part of the provision of this amendment, â€Å"well-regulated militia† is advocated by pro gun control laws. This provision is interpreted as that gun possession is only applied to official defensive forces such as the National Guard. On the other hand, gun lovers support the interpretation grown out the second part of the amendment which states that, â€Å"the right of the people to keep and bear arms shall not be infringed.† This means that citizens can have guns and the government has no power over confiscating this right away from them. (Gerber 2011). Whether the prospects of the second amendment’s enforcement in the Bill of Rights would bring a positive or negative change i n the American society? The second amendment was made to the Constitution of the United States in 1791 stating that, â€Å"A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.† ( http://www.law.cornell.edu/constitution/billofrights) . This amendment has two perspectives. Its first section inculcates that the states can enforce their militias with arms for collective security while the second part diverts towards individual security. Thus, it is raising a contradiction in the fundamentality of the amendment. This amendment is unique of all the amendments in the sense that it is the only among the others that is not enforced yet. There is no unanimity in the decision of the justices because there is no clarity about its purpose. A civil right in American Constitution is defined as â€Å"a right or rights belonging to a person by reason of citizenship including especially the fundamenta l freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal, social and economic equality. This makes gun ownership as much of a civil right as freedom of speech, religion and freedom of the press.† Gun possession is vital for certain reasons like for sports competitions. For instance, target shooting, a game played popularly in the United States is incomplete without guns. Hunting is another sport, hobby and tempting pastime of Americans. (http://www.saf.org/default.asp?p=gunrights_faq) The right to bear arms is a necessity in today’s criminal world. The United States is a country with the most high crime rate in the world. The amendment’s second half empowers the individual with freedom of carrying arms for self-defense. A simple yet very basic argument of gun possession is self-defense. Criminals are easily deterred this way. Instead of waiting for the regular police to respond to the victim ’s calls, the victim should have the capacity to tackle the matter on his own. This will help decrease the level of crimes. In the United States 46% of Americans claim possession of arms for the purpose of protection against criminals. (Heston 2008) Richard Henry Lee, Virginia delegate to the Continental Congress and member of the first Continental Congress which passed the Bill of Rights said that, â€Å""To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use