Complete case brief of Nix v. Williams Study Example | Topics and Well Written Essays - 1000 words

Complete brief of Nix v. Williams - Case Study Example During the preliminary of Williams, the court held that, even for the situation that Williams had not offered the enlightening expressions to the official; the body would have been recouped and utilized as proof against him (Nix). Procedural History The respondent, Mr. Williams was a psychological patient totally free. Williams kidnapped and killed Pamela Powers, a ten-year-old young lady from a YMCA on the 24th of December 1968 (Nix). Following two days, he went to the police, at another province †making the condition that he was not to be addressed during the way toward moving him back to Urbandale. One of the analysts began a discussion with him, and proposed to him that he expected to uncover the area where he had left the dead body, before a foreseen snowfall occurred (Nix). He consented to the proposition, and the headings he gave drove the investigators to the recuperation of the body (McInnis 397-446). After the recuperation of the body, Williams was indicted for the wro ngdoing, however dependent on Brewer v. Williams (1977), the Supreme Court held that there had been an infringement of William’s option to guide, similar to it was coordinated during the instance of Massiah v. US (1964). Therefore, his conviction was turned around. In any case, Justice Potter Stewart’s supposition brought up that the proof gathered from Williams could be utilized during a preliminary, in an established way (Nix). Following the conclusion, Williams was offered another preliminary, during which the lawyers dependable of his case moved a movement smothering the proof bases gathered through the cross examination by the investigators. Legitimate Issues The lawful issues to be resolved through the case included whether, proof prompting a capture could be absolved from case procedures, in view of the grounds that it had been gotten inappropriately. Choice of the Court The court, in light of the unavoidable disclosure tenet, held that the proof (body) would ha ve still been recuperated inside a limited capacity to focus. Hence, the strategy †through which the data prompting the recuperation †was gathered was not significant; along these lines the proof was conceded as proof against the litigant. The contradiction to the case, by Justice Brennan, kept up that the unavoidable revelation tenet puts together its contemplations with respect to a speculative case, where the alleged proof might have been recouped; hence, in regards to that it was recuperated through unlawful methods, it remained illegally gathered (McInnis 397-446). Lawful Analysis The primary explanation concerning why the exclusionary rule was reached out to the proof gathered through unlawful police direct was that, the channel taken was sufficient grounds to prevent the police from damaging legal and sacred assurances, without permitting blameworthy individuals to go unpunished. In view of the reason, the indictment was not to be offered more favorable circumstance s, than its case would have been, for the situation that the proof had not been gathered through an unlawful course (McInnis 397-446). In any case, on the other hand, the appointed authorities turned to the free source convention, which takes into account the affirmation of proof, which has been accumulated through implies that are autonomous of the sacred infringement. In spite of the way that the autonomous source rule didn't have any significant bearing to the case, the method of reasoning got from it was predictable and offered support to the selection of the inescapable revelation rule, to the exclusionary tenet. For the situation that

Web Presence Creation

Prologue To drive the situation about the significance of a web nearness home let us consider acquisition of vehicles in the US preceding 1995 (Schneider, 2009). During this time the way toward purchasing a vehicle was frequently trapped by forceful deals staff with ‘no haggling’ approaches taking the post position.Advertising We will compose a custom exposition test on Web Presence Creation explicitly for you for just $16.05 $11/page Learn More The outcome was numerous purchasers of vehicles regularly left businesses feeling befuddled, stressed or even cheated after an exchange (Schneider, 2009). Notwithstanding, this would before long change with the foundation of an online vehicle buy organization known as Autobytel in 1995 (Schneider, 2009). Through successful utilization of an online nearness vendors had the option to lessen costs by decreasing selling costs accordingly bringing about expanded deals volumes. The site required would be purchasers to enlist and offer some type of portrayal of the vehicle to be bought. Following the accomplishment for such endeavors it is accounted for that starting at 2009 over 90% of purchasers do some type of online research before purchasing a vehicle (Schneider, 2009). Electronic trade has enlisted a ceaseless and quick development in numbers until the year 2000. This dive influenced the business for a time of very nearly three years and in 2003 the online business industry started to give new indications of life. Along this line there has been an expansion in electronic store move instruments that have enormously facilitated the technique of online trade. In this report the online web nearness recommended will fall in the B2C class (Schneider, 2009). This classification shapes the mass on online business elements as it replaces the job of business to client situated trade. The report will give detail on the decisions made in the creation and foundation of the web site.Advertising Looking for exposition on i t? We should check whether we can support you! Get your first paper with 15% OFF Learn More It is trusted that through the online nearness picked up by incorporation of a site the business can build deals volumes and address client needs to an improved degree. In the following stage the conversation will start by concentrating on the focal hub. Focal Node To start with the web nearness needs to lie upon a focal hub. To increase a superior comprehension of the term focal hub let the conversation depict shared (P2P) organizing (Shen, Yu, Bufford Mursalin 2010). Bit downpour is utilized for content dispersion and there is no focal hub on the framework. This is on the grounds that the information is put away on different interconnected PCs. For this situation the focal hub is a tracker that keeps information on which PC contains what information and how to locate the most limited way to finish an exchange of information. The focal hub for this situation keeps a rundown all things consid ered and ways to the information required. Anyway for our motivation the focal hub would best be a server utilized as a focal stockpiling point for all the information relating to the site (Helmy 2006). This hub will necessitate that the client utilizes some type of verification to access the data put away on the server (Helmy 2006). This is likewise the methodology to follow when refreshing or including any extra pages or information to the site. Every single other hub are associated with this PC through a work. The necessity to keep up verification and approval of all work hubs by this hub recommends the server will be very amazing to permit every one of these tasks are performed on schedule and in an exact manner (Helmy 2006). This topology has one significant burden in that including a solitary PC powers the expansion of cabling directly from the focal hub to the PC (Bangia 2005).Advertising We will compose a custom article test on Web Presence Creation explicitly for you for ju st $16.05 $11/page Learn More In such a circumstance the related expenses of cabling are sensibly high. One bit of leeway of ongoing innovation that can be successful in the board of the topology is the utilization of Wi-Fi and communicate transmissions. This takes into account quick and modest expansion of hubs on the system. About Page This is the page the guests to the site will experience first when they visit the site (Kernek 2005). The location of this page is ‘www.yourdomain.com’ for this situation it will offer some data on the most proficient method to turn into a compelling radio moderator. Web radio has increased a ton of prominence and the utilization of record arrangements, for example, MP3 has incredibly facilitated the assignment of giving audience members a decent assortment of music and introduction (Kernek 2005). This idea was believed to be perfect given that radio permits the host to move the audience away from the self into the host’s mind. O ther than this is the way that dissimilar to typical radio, web radio is modest and is accessible anyplace there is a reasonable association with the web (Kernek 2005). Thus a web radio moderator was viewed as a proper decision for future endeavors. Interpretation As it has been referenced in the past segment the significant preferred position that web radio offers depends on cost. The setting up of an elective radio broadcast will require acquisition of costly gear for transmission and activity (Kernek 2005). This can be practiced significantly more effectively with the web as the transmission is free up to an appropriate association exists. This further recommends it is appropriate for fire up where starting capital might be an issue. Additionally by utilization of fascinating mixes of melodies the moderator can show audience members a lot about the outside world encounters (Heberlein 2002). A case of this is the measure of data Karl Haas has shown individuals corresponding to old style music.Advertising Searching for article on it? We should check whether we can support you! Get your first paper with 15% OFF Find out More Using a decent host and introduction tunes can be converged to make stories. It is accounted for a decent host can say a great deal without articulating a solitary word. This position was clarified by the $60 million brought by Real Networks up in mid 2004 for the left wing choice to conservative radio projects is evidence of the viability of web radio (Lee 2005). A few stations have exploited the web radio and order a detailed 40% tuning in over the entire of the USA (Lee 2005). Notwithstanding the above focal points of web radio it has been accounted for that a decent host is one fit for fulfilling listener’s interest (Geller 2007). The audience depends on a decent insightful and indisputable conversation on appropriate issues. As an individual the creator finds such work entirely charming and feels equipped for meeting the errand prerequisites given some time. Contributing Nodes Having secured all the fundamental material it is urgent to consider helpful connections that ma y increase the value of the site/nearness (Gearon 2010). It is accounted for that helpful connects to different locales with important data shows an ability to share and broadened information on the business (Masterson Pickton 2010). This additionally is known to be a decent strategy for improving ones web index positioning. The higher this positioning the more guests the site is probably going to draw in. A genuine case of a contributing hub is a connect to a station that offers an elective way to deal with the inquiries being discussed. By and by the case of the privilege and left wing radio broadcasts is a genuine guide to use as a rule (Martel-Lawson 2004). Tuning in to what the opposition is stating is a decent strategy to guarantee that the station stays reviving and pertinent to the audience members (Martel †Lawson 2004). Another famous method to give helpful contributing material is to give connects to item associates and backers. Notwithstanding that another well known strategy is the utilization of complimentary administrations that permits clients to feel a piece of the experience. It isn't phenomenal to see audience members win or get different complimentary blessings from the stations. These are the consequence of the maker having done some basis and can go far in helping audience members (Cherry Jacob 2005). Care ought to likewise be taken to think about connections with regards to the audience members (Neuman 2007). A few connections can even be utilized to create income just like the case with Google advertisement sense. References Bangia, R. (2005). Web and Web Design. New Delhi: Firewall Media. Cherry B., Jacob, S. R. (2005). Contemporary Nursing: issues, patterns and the board. St Louis: Elsevier Mosby. Gearon, L. (2010). Figuring out how to Teach Citizenship in the auxiliary School. Oxon: Routledge. Geller, V. (2007). Making Powerful Radio: getting, keeping and developing crowds: news talk data and character. Oxford: Elsevier. Heberlei n, L. A. (2002). The Rough Guide to Internet Radio. London: Rough Guides Ltd. Helmy, A. (2006). Autonomic Management of Mobile Multimedia Services: ninth IFIP/IEEE. Germany: International Federation for Information Processing. Kernek, A. (2005). Put Your Business Online. USA: Al Kernek. Lee, E. (2005). How web Radio can change the World. Lincoln, NE: iUniverse Books. Martel-Lawson, H. (2004). 200 Marketing Ideas for your site. Karrinyup, Australia: Marketing Cues. Masterson, R., Pickton, D. (2010). Advertising: An Introduction. London: SAGE distributions Ltd. Neuman, J. (2007). The Complete Internet Marketer. Australia: With a Cue Press. Schneider, G. (2009). Electronic Commerce 8e. Boston, Course Technology, Cengage learning. Shen, X., Yu, H., Buford, J., Mursalin Akon. (2010). Handbook of Peer to Peer Networking. New York: Springer. This article on Web Presence Creation was composed and put together by client Deborah Vega to help you with your own investigations. You are allowed to utilize it for research and reference purposes so as to compose your own paper; be that as it may, you should refer to it acco

Excessive Exercise as an Eating Disorder Symptom

Excessive Exercise as an Eating Disorder Symptom Eating Disorders Symptoms Print Excessive Exercise as an Eating Disorder Symptom When Does Excessive Exercise Become Problematic? By Lauren Muhlheim, PsyD, CEDS facebook twitter linkedin Lauren Muhlheim, PsyD, is a certified eating disorders expert and clinical psychologist who provides cognitive behavioral psychotherapy. Learn about our editorial policy Lauren Muhlheim, PsyD, CEDS Medically reviewed by Medically reviewed by Steven Gans, MD on June 05, 2017 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on January 14, 2020 Stanislaw Pytel, Getty Images More in Eating Disorders Symptoms Treatment Diagnosis Awareness and Prevention In This Article Table of Contents Expand Overview Link to Eating Disorders Risks Recovery Signs and Symptoms Treatment View All Back To Top Exercise is generally seen as a virtue; therefore, you may wonder how it could possibly be bad for you. For most people, exercise does confer significant health and mental health benefits. However, for those with eating disorders, excessive exercise is a common symptom and can play a role in the development and maintenance of the disorder. Our culture’s celebration of exercise makes it so that excessive exercise is often not recognized or taken as seriously as it should. This article will describe excessive exercise as it has been studied by eating disorder researchers, and then review how excessive exercise manifests itself in various eating disorders, the risks of overexercising, and what to do if you think you (or a loved one) are engaging in too much exercise. Overview Whereas most people would understand self-induced vomiting to be a negative eating disorder behavior, they would generally not think the same of exercise. Those who exercise excessively are often praised for their motivation and self-discipline. But taken to an extreme, this behavior can have serious consequences. In one of the largest studies on excessive exercise in eating disorders, excessive exercise was defined as any of the following:Exercise that interfered with important activitiesExercise that exceeded three hours per day and caused distress if the individual were unable to exerciseFrequent exercise at inappropriate times and places and little or no attempt to suppress the behaviorExercising despite more serious injury, illness or medical complication Link to Eating Disorders Excessive or driven exercise is a common component of different types of eating disorders. It may be found among patients with anorexia nervosa, bulimia nervosa, and muscle dysmorphia, as well as other specified feeding and eating disorder (OSFED) and subclinical presentations. In the case of restrictive eating disorders, including anorexia, there is even some evidence that increased exercise may be a fundamental biological reaction.   Activity-Based Anorexia in Rats.  Animal studies have demonstrated that eating disorders can give rise to excessive exercise behavior, by inducing what is called “Activity-Based Anorexia” in rats. When researchers restrict rats’ food intake while giving them unlimited access to a wheel, the rats start running excessively. Paradoxically, these rats opt to continue running rather than eat during the short intervals of time food is made available to them. If allowed, they will literally run themselves to death. These rats display the puzzling behavior of self-starvation exhibited in anorexia nervosa. One would expect that rats (and humans) who are starving would become less, rather than more, active. Yet in young children who develop anorexia nervosa, restricted intake is usually accompanied by increased activity. Youngsters with anorexia often present as hyperactiveâ€"they won’t sit still, they fidget, and they often run around aimlessly. They do not express a conscious attempt to burn calories the way older adolescents and adults do. Thus, excessive activity or exercise is postulated to be a more basic drive that gets turned on by the energy imbalance of restricted intake. Exercise in Anorexia Nervosa.  Hyperactivity is a common, intriguing, and well-documented symptom of anorexia nervosa, noted as early as 1873 by the French physician Ernest-Charles Lasègue, one of the earliest writers about the disorder. Lasègue observed that patients with anorexia exhibited high levels of activity seemingly incompatible with their impoverished nutrition: Another ascertained fact is, that so far from muscular power being diminished, this abstinence tends to increase the aptitude for movement. The patient feels more light and active, rides on horseback [the French text also mentions: ‘long walking-tours], receives and pays visits, and is able to pursue a fatiguing life in the world without perceiving the lassitudes he would at other times have complained of. (Lasègue, 1873, p.266) In one study, 37 percent to 54 percent of patients with anorexia nervosa (depending on subtype) engaged in excessive exercise. Patients may underreport the amount of time that they engage in physical activity, making it hard for caregivers and treatment professionals to fully assess.   Exercise in anorexia nervosa is commonly described by patients as driven or compulsive. Physical signs of fatigue are ignored as patients continue to train despite being physically ill and low energy. One patient in a study about exercise reported: Before I attended treatment, I only sat down during meal times, or else I felt I did not deserve to sit still. I was incredibly restless, so it was difficult to relax…I feel like I am being compelled to exercise… Excessive exercise in anorexia nervosa is associated with younger age and higher rates of anxious/obsessional and perfectionistic traits. Exercise in Bulimia Nervosa.  Excessive exercise has been included in the diagnostic criteria for bulimia nervosa since the publication of DSM-III-R in 1987. The current diagnostic criteria (DSM-5) for bulimia nervosa specify that there is compensatory behavior for binge eating which can include self-induced vomiting, but also intermittent fasting, laxative use, diuretics, and exercise. Exercise as a Compensatory Behavior in Eating Disorders Excessive exercise is a common compensatory behavior in individuals with bulimia nervosa. In one study, 20 percent to 24 percent of patients with bulimia nervosa engaged in excessive exercise. Among patients with bulimia nervosa, excessive exercise is associated with greater baseline eating disorder severity as well as poorer treatment outcome. Exercise in Muscle Dysmorphia.  Excessive exercise is a common symptom of muscle dysmorphia, an emerging condition that affects primarily bodybuilders. Some researchers believe it to be a variation of anorexia nervosa characteristics of patients with a more traditional masculine gender identity. Currently, this disorder is classified diagnostically as a type of body dysmorphic disorder versus an eating disorder. Muscle dysmorphia is characterized by the persistent belief that one is not muscular enough and associated behaviors related to increasing musculature including an extreme exercise program and dietary intake designed to build bulk (often with a focus on protein). Supplements and steroids are sometimes used in the pursuit of muscle. Among men with muscle dysmorphia, approximately 71 percent lift weights excessively and 64 percent exercise excessively.   Muscle Dysmorphia Excessive Exercise in OSFED and Subclinical Disordered Eating. There is little research on excessive exercise in OSFED. In subclinical samples, the relationship between compulsive exercise and elevated scores on measures of eating psychopathology is well established. Behaviors such as dieting and exercise often coexist and reinforce one another. It is also the case that excessive exercise in the absence of disordered eating or disordered eating attitudes is believed to be less clinically significant and less impairing. Risks Exercise in patients with eating disorders and disordered eating can be dangerous. Patients may exercise and not fuel properly, putting themselves at risk for a variety of serious medical complications.  These complications can include electrolyte imbalances, heart problems, muscle wasting, injuries, and sudden death. Patients with anorexia often have weak bones and so may generally be more likely to experience fractures; the physical strain associated with over-exercising exacerbates this risk. The presence of excessive exercise among patients with anorexia nervosa is associated with longer inpatient treatment duration and a shorter time to relapse. Excessive exercise among individuals with disordered eating is also associated with a greater risk of suicidality.   Recovery Excessive exercise immediately following hospital discharge is a significant predictor of relapse. Exercise can both maintain the beliefs that keep one caught in an eating disorder and be physically counterproductive when weight gain is a goal of treatment. For this and other reasons, it is common for treatment professionals to recommend cessation of exercise in individuals with eating disorders until they are stable in recovery. The idea of allowing an individual in recovery continued participation in a sport as motivation to recover is enticing, but often backfires for the reasons cited above. Signs and Symptoms Excessive exercise may be difficult to distinguish, especially among athletes. The key feature that determines whether the exercise is problematic lies less in the quantity of activity than it does in the motivations and attitudes behind it: feeling exercise as a compulsion; exercising primarily to influence shape and weight; and feelings of guilt after missing an exercise session. An elite athlete may engage in more total time exercising than a person with an eating disorder, but we could define the eating disorder person’s exercise as excessive while the elite athlete might not have the attitudes about exercise that would qualify it as excessive or problematic. It should also be noted that the prevalence of eating disorders is higher among athletes, especially those in sports that emphasize leanness than it is in the general population. Thus, athletes who are exhibiting signs of an eating disorder should be assessed. If you (or a loved one) endorse one or more of the following items, consider whether you may benefit from seeking help:My exercise interferes with important activities such as work or socializing.I exceed three hours of exercise per day.I experience stress or guilt when I am unable to exercise.I exercise at inappropriate times and places and cannot suppress the behavior.I continue to exercise despite an injury, illness, or medical complications. Recovery advocate Jenni Schaefer has made the Compulsive Exercise Test, a measure used to assess excessive exercise, available on her website. Treatment If you or someone you know is exhibiting signs of excessive exercise and/or an eating disorder, eating disorder treatment, including psychotherapy, can help address both the eating disorder and exercise obsession. Cognitive-behavioral therapy, which helps to modify behaviors as well as underlying beliefs about exercise, can help individuals to develop moderation and balance. If you are a parent of a child in treatment, it may be beneficial for you to help limit or restrict their exercise. Cognitive Behavioral Therapy for Eating Disorders

Essay Cry Baby Complaints - 2299 Words

EXECUTIVE SUMMARY The Company had received a number of complaints about the product of â€Å"Cry Baby† doll after Christmas. The complaints were about the malfunction of the product that leakage of water and unable to cry when pressed the certain button, and the doll’s eyes were easily removed that harmful to children potentially. For that reason, an investigation into the incident was conducted. After interviewed with staff, the 120 complainants and looked into the data, reports and guidelines, we found that: 1. The cause of the incident was the unqualified plastic materials used in production from a new supplier. 2. The quality control guidance and safety regulations were obsolete that no more suitable for the company. 3. A significant†¦show more content†¦5 4) Details of Investigation†¦...............................................................P. 5 5) Findings......................................................................................P. 6 6) Conclusions.................................................................................P. 7 7) Recommendations i. External PR measures (by Cheng Oi-ngor, Carol)†¦..†¦Ã¢â‚¬ ¦.P. 8-10 ii. Internal improvement (by Lee Hoi-tong, Jessica)..............P. 10-11 8) References................................................................................P. 12 INTRODUCTION Teams of Authorization On 29 December 2009, an urgent meeting with the managing director, Ms. Irene Tsoi, was held regarding a number of complaints received about our â€Å"Cry Baby† doll. Our team was assigned to investigate and prepare a report on findings and follow-up actions suggested. The investigation report is to be submitted by 15 January 2010. Background On 29 December 2009, a notice from the Consumer Council that they had received 120 complaints about our product - the â€Å"Cry Baby† doll. The â€Å"Cry Baby† doll was launched in January 2009. It can be filled with water and then â€Å"cries with tear† when pressed certain button. It is suitable for children over 3 years old. It was popular when first sold in the market. The dolls retail for $300 and about 1,000 were sold at Christmas. The complaints were mainly on two issues. The first one is theShow MoreRelatedEssay on Personal Narrative - My Sister’s Baby1640 Words   |  7 PagesMy Sister’s Baby Shut up. I do not hate babies, my sister responded after I could not hide my astonishment at her announcement. Although my mind was full of visions of her beating me up when I was little and she was in charge, I gave her a hug anyway and told her that I hoped she would be happy. Why not? She was married and financially independent; in fact, her work was extremely important to her. 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Testimony Definition Example For Free - Free Essay Example

Sample details Pages: 8 Words: 2314 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? When individuals either witness or are a victim of crime they may be required to give evidence in court. This can involve recounting events that took place or identifying a suspect from an identity parade. Evidence presented in a trial contributes to a judge or jury deciding whether an individual is innocent or guilty and if the information provided by the eyewitness is incorrect then innocent people may be found guilty or guilty people may go free (Loftus, 1986). Don’t waste time! Our writers will create an original "Testimony Definition Example For Free" essay for you Create order With DNA testing, many individuals initially identified by eyewitnesses as being the perpetrator have subsequently been found to be innocent (Wells and Olson, 2003). Therefore, it is important that eyewitness testimony presented in court is accurate. The following essay will present research that has investigated why eyewitness testimony can be inaccurate and may consequently not be relevant in a court case. The essay will also consider whether children are accurate and reliable eye witnesses. Reconstructive Memory and Schemas When individuals observe an unusual event, such as a crime, their memory is often affected by their mental schemata, which involves prior knowledge and factors such as cultural background and values, and not solely information from the event. If there are gaps in peoples understanding of an incident they can reconstruct their memories so that they can make sense of them. The notion of reconstructive memory was proposed by Bartlett (1932, cited in Toglia, 2007, pp.240-241). Witnesses memories may be influenced by events that occur after the crime, for example, information from news reports in the media or other witnesses talking immediately after the event about what they saw or heard. This is relevant in particular to witnesses who observe one part of an event who then incorporate such information to elaborate and reconstruct their own memories. Toglia (2007) states that this is known as the misinformation effect and also source misattribution, which occurs when witnesses are unabl e to remember where the information originated from and they are then seen as being unreliable and not relevant to the court procedure. In their 1974 study, Loftus and Palmer found that the wording of questions affected the recall of witness. Participants watched a film of a car accident and were then asked to write a brief summary of what they had seen. They were then were asked questions about the accident using different verbs to describe the accident such as, how fast were the cars going when they smashed/hit/bumped each other? (Loftus and Palmer, 1974, p.586). The different words implied that the car was travelling at different speeds with some words implying a faster speed than other words. It was found that there was a 9 mile per hour difference between the slowest and fasted estimated speeds of the cars made by the participants. One week later, the participants returned and were asked further questions including did you see any broken glass and, depending on the verb used in the original question, the faster the car was perceived to be travelling, the more participants reported seeing broken glass, even though there was no glass in the film (Loftus and Palmer, 1974, p.587). The study supports Bartlett and the way in which witnesses can reconstruct their memories with their previous knowledge. In a similar study, Loftus and Zanni (1975) reported that more participants said they had seen the broken headlight, rather than participants who were asked if they had seen a broken headlight, even there was no broken headlight in the film. However, both studies were undertaken in a laboratory environment and involved participants watching films, therefore it may not be possible to generalise the findings to the way witnesses respond when witnessing real-life accidents. The studies show the importance of the way in which language can alter perceptions or memories of an event. This has been addressed by introducing a cognitive interview technique which Fisher, Geiselman and Raymond (1987) suggest avoids influencing the answers given by witnesses. If a car was travelling fast and was involved in an accident, it would be expected that there would be glass or a broken headlight, even though the witnesses (participants) did not see any in the film scenario. Individuals use their schemas to explain what happens in certain situations for example, how a burglar behaves or what type of objects would be present in a specific context, for example, the layout inside a bank or restaurant. Therefore, if something unusual is seen Loftus, Loftus and Messo (1987) argue that a witness will pay more attention to the unusual object. This has been found to be the case for crimes where weapons are involved. Participants in the Loftus et al. study were shown a series of slides of a crime in a fast-food restaurant where a customer either pointed a gun or a cheque at the cashier. It was found that there were more eye fixations on the gun than the cheque. In a second study, it was found that participants memory for events was poorer in the weapon scenario than in the cheque condition which according to Loftus et al. (1987) emphasises the focus on weapons. The Effect of Stress on Witnesses. Observing a weapon in a crime may cause a witness considerable stress and this may have an effect on their ability to accurately remember details. This has been demonstrated by Clifford and Scott (1978) in a study that involved participants watching a film of a violent attack and a control group that watched a less violent version of the film. It was found that participants who watched the violent film remember fewer details than the control group. As the study was conducted in a laboratory, it is possible that the stress experienced by witnesses to violent events is greater in real-life crime and therefore, suggests that accurate recall may be impaired. A review of the literature undertaken by Deffenbacher, Bornstein, Penrod and McGorty (2004) undertook a review of studies that investigated the effects of stress on eye witnesses and found support for the negative effects of stress on accurate recall. Stress was notably higher, for example, if suspect was present in a line-up in co mparison to the suspect being absent. A number of studies have attempted to induce stress-related scenarios to study the effects on participants as witnesses, although it could be suggested that this is unethical as it may cause the participants psychological harm. However, in a study with real-life witnesses who had been present during a robbery at gun shop where the perpetrator was shot dead, Yuille and Cutshall (1986) argue that stress may not have an adverse effect on memory and eyewitness testimony. The witness in the gun shop event had very accurate and clear memories of the event, which endured over a period of 5 months. Intergroup Bias Another factor that may influence the accurate memory of a crime in intergroup bias. Lindholm and Christianson (1998) found that the eyewitness testimony of Swedish students taking part in a mock crime scenario involving an armed robbery was influenced by whether the perpetrator was Swedish (in-group perpetrator) or an immigrant (out-group perpetrator). The participants in the study were both immigrant and Swedish students and when both groups were shown the film and asked to identify the perpetrator in a line-up afterwards the majority incorrectly identified an innocent immigrant. Both groups of participants typically identified an innocent perpetrator who was ethnically dissimilar more often than an innocent Swede. The study appears to show that witnesses can be influenced by biases and expectations regarding the type of person who is more likely to commit a certain type of crime. However, because the study involves a mock crime scenario it lacks the emotional aspects of a real c rime and witnesses may not have the same biases they demonstrate in a laboratory task. Loftus (1986) reports that in cross-racial identification by eyewitness, individuals are less accurate at identifying a member of a different ethnic group or culture than identifying features of a persons own race. Such findings would appear to be particularly relevant in contemporary, multi-racial society in the UK, and other countries. Alderson (2010) reports that the majority of men held for violent and sexual crimes in inner city London between 2009 and 2010 were black, however, black men have also been found to constitute the greatest number of victims of crime (e.g. 29% male victims of gun crimes, 24% of knife crimes). This can lead to the stereotyping of certain groups such as black men being responsible for violent actions in comparison to white men as found by Duncan (1976). Children as Eye-Witnesses There have been some concerns expressed regarding the relevance and reliability of children as witnesses. There may also be concerns about older people as West and Stone (2013) for example, report that young adults are more accurate in their recall as witnesses than older adults. Children who appear as witnesses in a court case may have been exposed to very stressful events such as sexual or physical abuse, which would be unethical to replicate in laboratory conditions. According to Bidrose and Goodman (2000), childhood sexual abuse is additionally accompanied by feelings of shame as well as a lack of emotional support because of the secrecy that surrounds such events. In a study undertaken by Bidrose and Goodman, they investigated the testimony given by four female children aged between 8 and 15 years, in a sexual abuse case in New Zealand and also assessed the level of support regarding the allegations. The findings showed that there was a high degree of support for the childrens allegations which was matched to audiotapes and photos of the abuse (Bidrose and Goodman, 2000). The real-life study indicates that childrens testimony can be highly accurate although the children in the study were older and younger children may not be able to articulate what happened to them in cases of abuse. KrÃÆ'Â ¤henbÃÆ'Â ¼hl, Blades and Eiser (2009) conducted a study with 156 children aged between 4 and 9 years to investigate the effects of repeating questions several times in an interview situation as a witness. The children watched a staged event and were asked eight open-ended questions, each of which was repeated 4 times. Some questions could be answered from watching the scenario although others could not, and it was expected that the children would say that they did not know the answer. The children returned again after one week. It was found that for over 25% of children there was a decline in accuracy which was greatest after the first repetition of questions. There was little change with the questions that could be answered but considerable decline in accuracy with those questions with no accurate answers. KrÃÆ'Â ¤henbÃÆ'Â ¼hl et al. (2009) concluded that if there is considerable repetition of questions with child witnesses, the accuracy of responses changes significantly and that if children cannot answer a question, they are more likely to fabricate answers with repeated questioning. Conclusion The evidence presented indicates that there are a number of problems around the issue of eyewitness testimony although it would appear that research has attempted to address some of the problems. This means that eyewitness testimony should be considered a valuable and relevant part of court procedure. Avoiding leading questions (Loftus and Palmer, 1974) and the introduction of the cognitive interview technique (Fisher et al. 1987) have helped to contribute to the more accurate recall of witnesses. Some problems are less easy to address, such as the stress experienced at a crime scene which may negatively affect recall although, Yuille and Cutshall (1986) have argued that in real-life witnesses are able to recall stressful events accurately. Similarly, intergroup biases are difficult issues to address in particular the perceptions of black people and their relationship with crime. Children as witnesses has a more positive outcome as their recall has been shown to be accurate (Bidros e and Goodman, 2000). A further problem is that of the methodology used when researching eyewitness testimony which is predominately undertaken in a laboratory and may not be generalisable to real-life situations. References Alderson, A. (2010). Violent inner-city crime, the figures, and a question of race. The Telegraph Newspaper, Retrieved on 5/10/2015 from; https://www.telegraph.co.uk/news/uknews/crime/7856787/Violent-inner-city-crime-the-figures-and-a-question-of-race.html. Bidrose, S. and Goodman, G.S. (2000). Testimony and evidence: A scientific case study of memory for child sexual abuse. Applied Cognitive Psychology, 14, 197-213. Clifford, B.R. and Scott, J. (1978). Individual and situational factors in eyewitness memory. Journal of Applied Psychology, 63, 352-359. Deffenbacher, K.A., Bornstein, B.H., Penrod, S.D. and McGorty, E.K. (2004). A meta-analytic review of the effects of high stress on eyewitness memory. Law and Human Behavior, 28(6), 687-706. Duncan, S.L. (1976). Differential social perception and attribution of intergroup violence: testing the lower limits of stereotyping of blacks. Journal of Personality and Social Psychology, 34, 590-598. Fisher, R.P., Geiselman, R.E . and Raymond, D.S. (1987). Critical analysis of police interviewing techniques. Journal of Police Science and Administration, 15, 177-185. KrÃÆ'Â ¤henbÃÆ'Â ¼hl, S., Blades, M. and Eiser, C. (2009). The effects of repeated questioning on childrens accuracy and consistency in eyewitness testimony. Legal and Criminological Psychology, 14(2), 263-278. Linholm, T. and Christianson, S.A. (1998). Intergroup biases and eyewitness testimony. Journal of Social Psychology, 138(6), 710-723. Loftus, E.F. and Palmer, J.C. (1974). Reconstruction of automobile destruction: An example of the interaction between language and memory. Journal of Verbal Learning and Verbal Behavior, 13, 585-589. Loftus, E.F. (1986). Experimental psychologist as advocate or impartial educator. Law and Human Behavior, 10(1/2), 63-78. Loftus, E.F. and Zanni, G. (1975). Eyewitness testimony: The influence of the wording of a question. Bulletin of the Psychonomic Society, 5, 86-88. Loftus, E.F., Loftus , G.R. and Messo, J. (1987). Some facts about weapon focus. Law and Human Behavior, 11, 55-62 Toglia, M.P. (2007). Handbook of Eyewitness Psychology. Lawrence Erlbaum Associates. Wells, G.L. and Olson, E.A. (2003). Eyewitness testimony. Annual Review of Psychology, 54, 277-295. West, R.L. and Stone, K.R. (2013). Age differences in eyewitness memory for a realistic event. Journals of Gerontology, Series B, 69(3), 338- 347. Yuille, J.C. and Cutshall, J.L. (1986). A case study of eyewitness memory of a crime. Journal of Applied Psychology, 71, 291-301.

2008 Ap English (Rhetorical Strategies) Free Essays

Barry expresses his use of rhetorical strategies through is book The Great Influenza, using anaphora, metaphors, tone, contrast, imagery, word choice, repetition of words, and ethos to drive his claim that being a scientist requires dealing with a huge amount of uncertainty, and takes courage, patience, and curiosity to succeed. Barry starts off with a comparison, an antithetical concept: certainty vs. uncertainty. We will write a custom essay sample on 2008 Ap English (Rhetorical Strategies) or any similar topic only for you Order Now Beginning with a universal truth, defining complete opposites, intensifies the revelation of the paradox in the second paragraph that scientists thrive on uncertainty. His use of anaphora further solidifies the wisdom that certainty is positive and uncertainty negative. As he goes on talking about what is required to become a scientist he uses a rather common strategy classification, as he lists traits, receiving the highest order of these traits are intelligence, curiosity, and purpose. â€Å"It is not the courage†¦Ã¢â‚¬ , â€Å"It is the courage†¦Ã¢â‚¬  is yet another use of anaphora to refine connotations associated with â€Å"courage† through negation of common concepts. Ending his second paragraph with reference to Claude Bernard, Barry is using the famous rhetorical strategy ethos. On the third paragraph he is still talking about scientists but he switches from â€Å"To be a scientist†¦Ã¢â‚¬  to â€Å"A Scientist†¦Ã¢â‚¬  changing from abstraction to practical. In this paragraph he also uses another reference to someone known and praised in the science world, this time Einstein. This could be looked at as ethos but also as an appeal to an authority. Initiating the thought of if he didn’t do it why should we. As he talks about how scientist could lose their â€Å"works† and â€Å"even beliefs† leaving them only to â€Å"believe in the process of inquiry† I take on pathos because that is powerful to think about losing everything, that definitely takes courage. But as he ends with â€Å"To move.. † your left with a hopeful tone. You could lose everything but you keep moving on. The next paragraph uses great rhetorical strategies, allusion, simile, and metaphor to build on top of each other creating intensity. â€Å"Through the looking glass† is an allusion suggesting going into a world that isn’t real r doesn’t appear to be. This leads to the simile â€Å"like a crystal†, which suggestion setting off a chain of events beyond the control of a scientist. Then ends with a metaphor â€Å"off a cliff† suggesting some steps could mean the end. As he proceeds to talk about a scientist career style of a scientist, he presents imagery of a scientist a work by creating a slight example with a shovel digging up dirt, asking a series of question to represent the thought process of a scientist. This imagery continues on to the next paragraph, and then in his ending paragraph the tone shifts. Not at all†¦Ã¢â‚¬  is a negation of previous paragraphs reminding you what is common to scientist’s id not in all scientists. The reputation of â€Å"experiments† and â€Å"yield†, changing the meaning: first meaning to produce as in â€Å"yielding a bumper crop† to suggest giving up as in â€Å"yielding to a superior force† Through Barry’s use of all of these rhetorical strategies, it is clear Barry is aware of the uncertainty science contains and the courage and strength it takes scientists to deal with this, and keep moving forward. How to cite 2008 Ap English (Rhetorical Strategies), Papers

Business Law for Australian Taxation Administration- myassignmenthelp

Question: Discuss about thBusiness Law for Australian Taxation Administration. Answer: What is the role of an ATO as an executive body? As per the given case, Ms Anstis has claimed a deduction in the income tax payable against her youth allowance income. The ATO has denied providing her with such deductions. Ms Anstis filed before the federal court of Australia and got an order in favor of her. The ATO filed an appeal before the High Court of Australia. The Australian Taxation Administration is dealing tax system in Australia. As per the TA Act 1953, the ATO acts as the executive body under the legislation and regulate the behavior of the tax payers in the country. The Australian Taxation Office is the main revenue collection body of the Australian government. The ATO is the statutory body of the government who has been given the power under the Australian Taxation Administration Act, 1953 to collect taxes in different tax system within the country (Alghamdi et al 2016). The ATO has the responsibility to execute and implement the tax system within the country and any other matter related to taxation and collection of government revenue within the country. As an executive body the ATO is to execute, implement and regulate the tax system within the country and regulate the behavior of tax defaulters and evaders in the country (Vann 2016). Does it make law? The ATO is an executive body formed under the Taxation Administration Act of the country. The parliament has given authority under the Act to formulate certain policies and regulations for the day to day smooth running of the taxation system in the country (Tran-Nam and Walpole 2016). ATO does not make statutory enactments but has the power to make rules and regulations under the taxation system in Australia. ATO engages and involves with other taxation departments on policy matters relating to tax and excise. The ATO has been granted with power by the government to instruct the OPC to prepare legislation which the ATO deems fit and necessary to administer the taxation system within Australia (Braithwaite 2017). How does this case reflect the interaction of the different bodies under the separation of powers doctrine? As per the given facts of the case there is an involvement of all the three tiers of the government. The three tiers of the government are the legislature, the executive and the judiciary. The Australian Federal Parliament and the state legislature are the legislative body that makes laws on the taxation system within the country (Smith et al 2016). The ATO is been delegated with the power of governing and administering the taxation system within the country. The ATO is the executive body of the three tier system of the government. Whereas the Federal Court of Australia and the High Court is the judicial body of the country who decide matters in dispute. In this given case, the ATO has power to determine the tax system and High Court has the power to interpret the laws made by the parliament. Thus all three tiers are separate from each other. However, all three tiers of the government has something common to each to keep a check n the powers of other body. As per the case, here the j udiciary by interpreting the law has check on using the absolute power on the general people of the country (Long Campbell and Kelshaw 2016). What is the significance of the High Court decision in terms of tax law as it is applied within Australia? The significance of the High Courts decision on the given case is that the High Court has the power to determine that the lower court has given the appropriate judgment as per the facts of the case. Reference: Alghamdi, A. and Rahim, M., 2016. Development of a Measurement Scale for User Satisfaction with E-tax Systems in Australia. InTransactions on Large-Scale Data-and Knowledge-Centered Systems XXVII(pp. 64-83). Springer Berlin Heidelberg. Vann, R.J., 2016. Hybrid Entities in Australia: Resource Capital Fund III LP Case. Tran-Nam, B. and Walpole, M., 2016. Tax disputes, litigation costs and access to tax justice.eJournal of Tax Research,14(2), p.319. Braithwaite, V. ed., 2017.Taxing democracy: Understanding tax avoidance and evasion. Routledge. Smith, F., Smillie, K., Fitzsimons, J., Lindsay, B., Wells, G., Marles, V., Hutchinson, J., OHara, B., Perrigo, T. and Atkinson, I., 2016. Reforms required to the Australian tax system to improve biodiversity conservation on private land.Environmental and planning law journal,33(5), pp.443-450. Long, B., Campbell, J. and Kelshaw, C., 2016. The justice lens on taxation policy in Australia.St Mark's Review, (235), p.94.