Evidence Burden Essay Example | Topics and Well Written Essays - 2500 words

Evidence Burden - Essay Example A defendant charged with murder could claim diminished responsibility or insanity1 permitting prosecution to adduce other defence and the same applies to unfitness to plead and stand trial. Woolmington ruling places the burden of proving on defendant2 and at times, had been questionable. Effect of Human Rights Act, 1998 on English Law had been extensive and the Courts3 have taken enormous trouble to read down legislations in order to avoid incompatibility with Convention Human Rights. Accused is innocent as long as he is proven otherwise4 and this enables the criminal statutes to transfer the burden of proof to the accused 'without violating the presumption of innocence'5. In the context of drug trafficking, Lord Hutton disagreed with other Law Lords stating that the social threat posed by drugs was sufficient justification for imposing persuasive burden6. Nowhere compatibility question was more relevant than in Sheldrake v DPP A-G's reference No 4 of 2002, where House of Lords unanimously held that Section 5(2) should not be read down. As per Terrorism Act, 2002, regarding the issue of being a member of terrorist organisations, House of Lords opined that 'Section 11(2) of the Act should be read and given effect as imposing on the defendant an evidential burden only7'. The Magistrates Courts Act, 1980 states that it is necessary to decide if the defendant is relying on exception, exemption, proviso, excuse or qualification, and if so, the burden of proof immediately will fall on him8. Environmental Protection Act, 1990 and its open connection with the Human Rights has become another area of legal difficulties and conflict between EU laws and UK laws9. Section 161 (1) of Highways Act 1980 provides the legal burden on the prosecution to prove that a person 'has left something suspicious or dangerous on the highway' and it has been slightly controversial10 where reverse onus of proof is concerned. Misdirection in a criminal trial on burden of proof can lead to a quashing of a conviction on an appeal11. In civil trials the party who asserts an issue also carries the burden of proving it. In a tort action for negligence the claimant does so and in a contract action, discharge of agreement or frustration, falls on the defendant12. If a particular issue is dependent on a substantive law, like lack of precedent, 'prove a positive' of 'prove a negative' might gain significance13. Privy Council had stated that burden of proof in mitigation of damage should be with defendant. Again the Common Law defences like self-defence, duress, provocation and non-insanity automatism come into picture. Instances of prosecution bearing the legal burden 'beyond reasonable doubt' and the degree of probability could wipe out the gingerly admitted evidence. The main question comes as whether the jury is satisfied that the guilt could be inadequate and usually the judge advises the jury beforehand14 and here Canadian justice differs from English law. Choo's argument that sometimes the proof of burden could be difficult to be proved depending on the circumstances and the rigid rule should be more flexible based on situations. I agree with all the above arguments of Andrew Choo. QUESTION 2: Evidence and proof in criminal proceedings and to a lesser extent, in civil proceedings are the

Morals and Legislation Essay Example | Topics and Well Written Essays - 2250 words

Morals and Legislation - Essay Example He argued that the hedonistic value of any human action is easily calculated by considering how intensely its pleasure is felt, how long that pleasure lasts, how certainly and how quickly it follows upon the performance of the action, and how likely it is to produce collateral benefits and avoid collateral harms. Taking such matters into account, we arrive at a net value of each action for any human being affected by it. All that remains, Bentham supposed, is to consider the extent of this pleasure, since the happiness of the community as a whole is nothing other than the sum of individual human interests. The principle of utility, then, defines the meaning of moral obligation by reference to the greatest happiness of the greatest number of people who are affected by performance of an action. Similarly, Bentham supposed that social policies are properly evaluated in light of their effect on the general well-being of the populations they involve. Punishing criminals is an effective way of deterring crime precisely because it pointedly alters the likely outcome of their actions, attaching the likelihood of future pain in order to outweigh the apparent gain of committing the crime. Thus, punishment must "fit" the crime by changing the likely perception of the value of committing it. A generation later, utilitarianism found its most effective exponent in John Stuart Mill. Raised by his father, the philosopher James Mill, on strictly Benthamite principles, Mill devoted his life to the defence and promotion of the general welfare. With the help his long-time companion Harriet Taylor, Mill became a powerful champion of lofty moral and social ideals. Mill's Utilitarianism (1861) is an extended explanation of utilitarian moral theory. In an effort to respond to criticisms of the doctrine, Mill not only argued in favor of the basic principles of Jeremy Bentham but also offered several significant improvements to its structure, meaning, and application. Although the progress of moral philosophy has been limited by its endless disputes over the reality and nature of the highest good, Mill assumed from the outset, everyone can agree that the consequences of human actions contribute importantly to their moral value. (Utilitarianism 1) Mill fully accepted Bentham's devotion to greatest happiness principle as the basic statement of utilitarian value: "... actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness. By happiness is intended pleasure, and the absence of pain; by unhappiness, pain, and the privation of pleasure." (Utilitarianism 2) But he did not agree that all differences among pleasures can be quantified. On Mill's view, some kinds of pleasure experienced by human beings also differ from each other in qualitative ways, and only those who have experienced pleasure of both sorts are competent judges of their relative quality. This establishes the moral worth of promoting higher (largely intellectual) pleasures among sentient beings even when their momentary intensity may be less than that of alternative lower (largely bodily) pleasures. Even so, Mill granted that the positive achievement of happiness is often

Case Discussion The Espresso Lane to Global Markets Study

Discussion The Espresso Lane to Global Markets - Case Study Example Therefore, it would be difficult to enter the German market due to declining consumption for the past 15 years. However much its consumption is projected to rise, it couldn’t be advisable to enter the German market. It would be challenging to sell Espresso in China since most Chinese patrons of premium coffee shops preferred lattes, cappuccinos and mochas to espressos which they considered bitter. Economic growth of a country determines its consumer’s purchasing power. It is therefore possible for Illy to enter all the discussed markets that is, Brazil, China, India, Japan, United Kingdom, the U.S and Germany. This is because their economies are developed meaning there is increased purchasing power parity. Economic growth is directly related to market maturity and concentration of coffee shops. India for instance had room for 5,000 cafes. This means that Illy could capitalize on the less concentration of coffee shops in India and enter the market. The UK had a high concentration of coffee shops, meaning there were more consumers. With high consumption, it would be profitable for Illy to enter the market, although it will face completion from Costa Coffee, a local brand in the UK. Illy would also face similar challenges in Brazil where the local brands were still strong (Alon & Lohwasser, 2012). Growth of the franchise sector is also a key driver for Illy before entry into the market. For instance, the poor economic conditions in Japan led to the flattening out of the franchising sector. This forced companies to adjust their concepts to local tastes and expectations in order to ensure success. This would affect Illy’s quality of coffee produced, not forgetting that Illy was obsessed with quality (Alon & Lohwasser, 2012). In China, foreign franchisees were not allowed to purchase directly real estate property located in China

Should the UK withdraw from the European Convention on human rights Essay

Should the UK withdraw from the European Convention on human rights - Essay Example Sovereignty of the parliament dictates that the parliament has the sole discretion to make and amend laws in the UK. No person or body is recognized by the UK legislation to overrule the law made by the parliament. In this spirit the parliament is seen to be competent to make any laws. Laws that deprive the citizens of their right to property, liberty, voting, and life among others should be seen as valid so long as they have been passed by the parliament. This is done in faith that the parliament can exercise self restraint and only pass laws that are at par with the moral standards. However, this has not been the case always because some politicians have normally put their own selfish interests at the cost of national interests. The ECHR being an international body helps to regulate such offensive or repugnant laws. The citizens of Britain should advocate against their government withdrawal from the convention. This is for the benefit of regulation of the laws that the parliament may pass. The Human Rights Act of 1998 and its Problems The human rights act of 1998 was drafted on the principle of protection of human rights but reconciled with the sovereignty of the state (UK Government, 2012). Under this act, the parliament may make legislations and the courts may not necessarily quash them on the grounds of inconsistency with the European Convention on human rights. In fact, it is only the higher courts that should interpret the legislations and determine their inconsistency. The higher courts may only declare incompatibility where it is very clear. This act was put forward in order to ensure parliamentary sovereignty. ... an Rights Act of 1998 and its Problems The human rights act of 1998 was drafted on the principle of protection of human rights but reconciled with the sovereignty of the state (UK Government, 2012). Under this act, the parliament may make legislations and the courts may not necessarily quash them on the grounds of inconsistency with the European Convention on human rights. In fact, it is only the higher courts that should interpret the legislations and determine their inconsistency. The higher courts may only declare incompatibility where it is very clear. This act was put forward in order to ensure parliamentary sovereignty. However, the enactment of the act has transformed the constitutional environment in which the parliament’s legislative power exists; the legislative powers have been altered. Three features of the act pose problems to its enactment and goes against the ECHR. The first problem is that the act places the power to interpret whether the acts are consistent wi th convention rights in the hands of the judiciary. This greatly alters the process of interpretation of the legislation. This has two implications; it is rare for legislation properly interpreted to go against the human rights norms. The parliament will always use a clearer and precise language if it wishes to abrogate human rights. The use of clear language draws the attention of public and the parliament. The government may put a strong justification of the legislation to win the public support. This legislation may be infringing on the rights of the people but it may escape the eyes of the judiciary which has been given the ultimate power to determine its compatibility with the rights convention (Elliot, 2002). The second problem is that the minister in-charge of the bill should make a

Research critique Essay Example | Topics and Well Written Essays - 1500 words

Research critique - Essay Example The aim of the study is to establish the connection of changing electrodes on the functioning of cardiac monitors. The study intends to check the effect of daily electrode change on the number of technical monitor alarms. The study has an aim of identifying and implementing best practice for electrode change and to observe their daily change on technical monitor alarms. Review of literature The article has an organized literature as the topic does reflect the subject matter of the journal. The journal has a brief abstract which specifies about the nature of the study of the journal. The introduction part is concise and defined the nature of the subject and the aim of the study conducted. The body of the literature is informative and has headings and sub heading in a correct order. Even the conclusion is informative and compact. The rationale of the study looks much worthy as it is all about understand the technical functioning of cardiac monitors. This study has high significance in medical field and has an intention on improving the quality of service provided by hospitals to its patients. The direction of the study was practical and safe to the participants of the study. Conceptual framework and Map The conceptual frame work of the article is evident based practice approach regarding electrode change in cardiac monitor alarms. The concept of the study is centered on the effect of electrode change on the functionality of cardiac monitor alarms. The theoretical study and the research question are identical with the conceptual framework. Here the theory is concentrating on the relationship between electrode change and decrease in cardiac monitor alarms efficiency. The research question is about electrode change and cardiac alarm efficiency and the theory directly links with it. There no maps or models logically presented except for some tables with calculations. Research Question /Hypothesis The research question is addressed correctly and appropriately in the j ournal. The research question is rightly indicating the purpose of the study and what the study specifically wants to achieve the research question gives the readers all the information regarding the nature of the journal. There is no confusion or misleading in the research question and it highly simple and clear. The question is precise and does not involve unwanted message or implications. The research question is an important part of any research article and should be short and precise which is seen in this journal. In case of the logical relation to the aim of the theory, it could be said that it is rightly connected. The research purpose is to understand the role of electrode change on the efficiency of cardiac monitor alarms and this clearly reflects in the research question. Variables The concepts identified within the theory are alarm functioning, cardiac monitors, ECG process, electrodes, quality improvement and noise. The variables identified in the study are dependent and independent variables. Here the independent variable is the electrode and cardiac monitor while the dependent variable is alarm noise. The variables are not extensively defined in the article as sometimes things are vague. Research Design The research design is not apt and should have been a more close examination of the functionality of electrodes on cardiac monitor

IKEA Analysis Report (Operations management)1 Assignment - 1

IKEA Analysis Report (Operations management)1 - Assignment Example The value proposition provides benefits both to the company and the stakeholder. It encourages the roles and tasks undertaken by the stakeholders to be in like with company’s objectives. It becomes the promotion proposition to potential clientele, the reason they ought to do trade with company, rather than its rivals. It communicates to the entire company a sense of precise purpose and course, coordinating their labours toward the overburdening common purpose of generating a satisfied customer. IKEA, the Swedish furniture industrialized company have applied Co-productivity to its complete exploitation. IKEA sells its commodities to customers in a kit type which the customer assembles themselves, at a lower pricing. The cause that this technique is successful is that customers do not place a worth on their own energy and time in assembling the merchandise. In some scenarios, the amount of extra effort inputted by the clients can be a greater cost than it could be if the get-tog ether of the furnishings were done proficiently (Porter, 2001). IKEA’s differentiation positioning strategy; the fundamental nature of a differentiation policy is to be exceptional in manners that are precious to clients in a sustainable method. Differentiation needs an in-depth comprehending what clients value most, where down the value chain to generate the differentiating variables, and what facilitates and capabilities are required to produce this exceptionality. It is that the corporation services a small number of market segments by offering a value intention that satisfies each section on a few key scope which creates this positioning strategy gainful. The key is to create product stand out from competitive provisions by having merchandise that provides a few highly valued elements. Distinctive capabilities are those potentials that a company can do better than competitors and are not simply imitated. For instance, IKEA can be said to have an idiosyncratic capability i n comprehending the customer. When this characteristic capability lies in a major accomplishment area, or a movement which is necessary if the company aspirations to stay alive in the long-term, it becomes a competitive gain. The value Chain The value chain is the organization of various products or segments of the company to offer valuable items. It involves proper planning, coordination and control of the company segments such as production, marketing, service and design and development. IKEA value chain is summarized as; the value proposal is the conclusion of the value sequence. There are two parts to the value plan: the consumer and the company. The company covers all of the domestic and external procedures that are executed throughout the value chain. The accomplishment or failure of the value plan will mirror how the members of the value chain recognize the external pressures on the value chain (Sheehy, Bracey, and Frazier, 1996). If these discernments are inaccurate, then th e worth proposition will be outdated. The value chain encompasses the customers and stakeholders expectations that must be considered. Manage the logistics of the company that ensure smooth flow of procedure. Ikea intangible products and benefits Currently IKEA has not concentrated on assessing the tangible advantages of its environmental

Constitutional and adminstrative law - (Conventions) Essay

Constitutional and adminstrative law - (Conventions) - Essay Example (Carroll, 2007) In UK royal prerogative has been used by the Monarch himself since centuries however, the trends changed and during 19th century, it was decided to get the advice of the Prime Minister or the cabinet in order to exercise this right. However, this has changed gradually and it is now even argued that royal prerogative has no place in the modern Western democracy. The fact that Tony Blair and Coalition government went to war by directly consenting the parliament itself may be considered as a trend shift suggesting that there now exists a convention to seek parliament’s consent for any action. This paper will therefore discuss as to whether there is a convention now which outlines that every government in country would take consent of the parliament for any actions taken. This paper will therefore argue whether a convention exists to restrict royal prerogative to go to war. There is no fixed definition of convention as it has been defined differently by various authors. Hood Philips defines conventions as â€Å"Ê ºRules of political practice, which are regarded as binding, by those to whom they apply, but which are not laws because they are not enforced by the courts and parliament†. (Philips, 2001). This definition may be considered as one of the earliest attempts to define what conventions are and under what conditions and authority they can be enforced. Philips outlines conventions as rules of political practice which are also not laws and therefore not enforced by the courts as well as the parliament. The above definition of convention therefore outlines that are understandings which regulate the conduct of the Crown and Parliament in the absence of any formal rules. Constitutional conventions therefore are considered as the tools through which flexibility can be achieved in constitution without actually going through a process of legislation. As such the ultimate purpose for which