Sunday, April 12, 2020

Dougy James Moloney Essay Example

Dougy James Moloney Essay How is the concept of change explored in your prescribed text DOUGY by James Moloney? Change is a process and refers to the act or instance of becoming different. Dougy, the protagonist in James Moloney’s novel Dougy, undergoes a personal transformation of character resulting in growth, maturity and resolution. Moloney employs a range of techniques to chart the natural and positive transition Dougy experiences. Dougy tells the story of an Aboriginal boy and his journey to a positive self-identity. It is set in a small contemporary Queensland town and recounts the racial tensions between the Aboriginal and the Anglo-Australian population. Resentment and ignorant attitudes result in a racial war, developing, rising and receeding within the parallel action of the flood. Within this framework we follow the personal changes Dougy undergoes as he adopts strategies to deal with the escalating violence and ensuing tragedy. Dougy experiences personal problems that leave him feeling worthless, hopeless and socially inadequate. The first person narrative structure means our understanding of Dougy is shaped from his perspective. Dougy does not introduce himself until chapter two and the use of truncated sentences and the language with negative connotations establishes his low self-esteem and the lack of identity, ‘My names Dougy. I’m nobody much. ‘Dougy is critical about his physique, academic ability and social skills, demonstrated through the personal voice and repetition of ‘I’ and the emotive use of ‘still’ – ‘I’m the tallest kid in the whole school but I don’t like that much†¦ I’ve always been skinny, specially my arms and legs’. We will write a custom essay sample on Dougy James Moloney specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Dougy James Moloney specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Dougy James Moloney specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Dougy exposes his poor academic ability through the repetition of negative connotations towards himself and his identity. – ‘I am not good at reading and righting eh! Not much good at anything. Me I stay here in town for school, Even though I just turned thirteen, I’m still in Grade six, still in primary school. ’’ Furthermore, Dougy adopts the derogatory language of the dominant white culture in relation to his race, reinforcing his lack of positive identity, ‘eh’, ‘Abo’ and ‘boong’. The use of colloquial language makes Dougy’s predicament more realistic while encouraging compassion from the reader. Dougy changes because of the position he is forced into as a result of the ‘war’ that breaks out between the blacks and whites. The natural elements, the heat and the river, serve as motifs for the rising and insidious racial tension simmering under the town’s surface, climaxing when a race war begins, as the river floods and submerges the town. He is forced to make decisions and act as a consequence he learns about himself and his Aboriginality. As the conflict between the whites and blacks escalate, it is entwined with the precarious flood that draws near to the hall where Dougy, Gracey and Raymond are trapped in. Dougy is forced in a position where he put his unknown strategic abilities into needed use as the river is steadily arising threatening to drown them. Dougy’s swift thinking during the catastrophe saves the lives of his siblings, consequently active in developing positive feelings of self-worth and identity. As the devastation unfolds, Dougy’s certainty of the Moodagudda’s presence around Gracie is treated with respect as the recount during the crisis turned out to be the truth. By the novel’s end Dougy has undergone a positive personal change. Moloney uses contrast as a key technique to shape our understanding of his transformation to a positive sense of self, value and identity. Dougy’s positive manner is publicized through decision makings towards his mother and principle, serving as a positive alteration within his sense of self. Dougy is fuelled with confidence and inspiration,’ But I said straight out,’’ Mum, I’m old enough. And I’m big enough. I want to be in high school. ’ Dougy’s self-value has been altered through his social acceptance and belongingness amongst the town’s people. ’’ I told people about seeing the Moodagudda and how it grabbed Gracie†¦and I knew most of them believed me. Some even came back for me to tell the story over and over again and they weren’t making fun of me like they used to do with some of the old blokes who told the story. â €™â€™ The acceptance from his fellow people constructs a stronger connection with his Aboriginal culture and identity, ceasing the negative connotations towards his born identity. ’ So now I’m in high school after all. And at this school, there’s a mob that do the old dreamtime dances†¦ when they heard about Gracey and me and the Moodagudda, they asked me to join. ‘’ Serving as a contrast with his earlier ignorance and suggest he will perpetuate his culture through this tradition. Therefore, change can be a positive process that occurs naturally, leading to a real sense of identity and value as evidenced in the character and novel of the same name, Dougy by James Moloney.

Tuesday, March 10, 2020

The Effects of PTSD on Families of Veterans

The Effects of PTSD on Families of Veterans Introduction Posttraumatic stress disorder refers to an extreme anxiety disorder, which erupts from exposure to an event that leads to psychological trauma (Kato et al, 2006, p.23). This event may include death threats, physical threats or threats towards one’s sexual, emotional or psychological integrity, which may affect an individual’s ability to sustain pressure.Advertising We will write a custom essay sample on The Effects of PTSD on Families of Veterans specifically for you for only $16.05 $11/page Learn More Some of the key symptoms of PTSD include increased arousal that results in difficulties in getting sleep, flashbacks, nightmares, severe anxiety, uncontrollable thoughts on an occurrence and stimuli (Kato et al, 2006, p.28). Studies have revealed that symptoms of PTSD that are experienced by veterans may affect their families negatively. They also show that relationships may serve to either improve or make worse the symptoms that PTS D victims experience (Kato et al, 2006, p.29). PTSD has severe effects on the family of veterans because of its consequences that include depression, avoidance, anger and guilt, sympathy and drug abuse. Discussion PTSD related research has indicated that veterans experience marital problems, violence within the family set up, distressed partners and behavior problems among children (Little, 2011). This is because families will definitely respond to the reality of the person they love who has suffered a trauma. Symptoms related to trauma make it difficult for someone to get along with people and may result in withdrawal from families or may turn to violence. Lack of emotional connection or lack of sexual interest with spouses may lead to difficulties in relationships (Little, 2011). Some of these individuals develop limited interest to family activities they took pleasure in before. Families of veterans always sympathize with the suffering that that they undergo through because of PT SD. Family members sympathize with the loved one for what they are experiencing (Little, 2011). The loved one can be sure that there are people who will take care of him/her and feels sorry for what one has to go through. To some extent though, this kind of sympathy can lead to lowered expectations, which may leave the traumatized loved one feeling as if the family assumes that they are not strong enough to pull through the ordeal by themselves. It is advisable not to treat them as if they are totally disabled as this may push them to seclude themselves. However, with the right kind of care and support, they can eventually feel better.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Depression is another problem that results from effects of PTSD. It mostly appears in family members if the person afflicted by PTSD elicits feelings of either loss or pain, or other emotions that hurt. Depress ion in family members can be ascribed to the experience of a traumatic event. Knowledge of a loved one enduring such a difficult time, may lead to intense feelings of hopelessness, helplessness and impending doom (Little, 2011). Depression tends to vary from individual to individual, but there are common signs and symptoms, which could be part of the normal life lows. Avoidance is a common effect of PTSD that involves evading situations that bring back memories of a traumatic event or occurrence. Family members of the traumatized individual are often fearful of examining and analyzing the traumatic event, just as trauma survivors fear to address whatever happened to them, that was the result of their current situation (Little, 2011). Whatever the traumatized loved one may avoid, the family members may choose to avoid too, sparing the individual further pain or their reaction to the same. This kind of avoidance may lead to abandonment of regular family activities, thus leading to int ernal friction and frustrations. A potential solution to the problem is to get them engage in social activities, unless they are not willing to (Little, 2011). At times, they may e afraid of the safety of other family members. During such instances, family members should not engage in social activities and at that level, it is good to seek professional help immediately. Anger is an aftermath of PTSD because family members may feel guilty because of their inability to improve the situation of the suffering member by making them happy. The survivor’s family may harbor anger feelings towards the person or party they hold responsible for the experience of their loved one (Little, 2011). In some cases where the traumatized individual does not stop to dwell on the traumatic event or exhibits funny behavior, the family may also feel anger towards the traumatized individual. In addition, anger may result from the inability of the suffering individual to keep a job or engagement in de structive behaviors such as alcoholism (Little, 2011).Advertising We will write a custom essay sample on The Effects of PTSD on Families of Veterans specifically for you for only $16.05 $11/page Learn More The suffering member’s irritability may also result in anger and guilt in other family members. Family members should learn to overcome the guilt and anger because they are not the cause of the suffering and should focus on helping the suffering family member. Drug abuse may result from the inadequacies in the coping abilities of family members as they try to come into terms with the suffering of their fellow family member. They result to drug abuse because the suffering of the family member is too much for them to handle. The whole family, especially the trauma survivor, may exhibit this response. Drugs and substance abuse is common as a response to trauma related stress experienced by the family (National Center for PTSD, 2010). Amongst children, behavioral problems at school are a common thing. Post-traumatic stress disorder can strain mental and emotional wellbeing of the traumatized individual’s family, loved ones or care givers to significant levels (National Center for PTSD, 2010). To a family, the trauma survivor may look a different person before the trauma due to changes such as increased irritability, depression and withdrawal. Most family members also develop certain behavioral problems such as excessive intake of alcohol, smoking and lack of exercise (National Center for PTSD, 2010). These habits get worse as they try to cope with the great suffering of their loved one Conclusion In a family, if a loved one has PTSD, members may feel guilty of their inability to fix the loved one or even speed up the individual’s recovery process. In order for the family to take care of themselves and the traumatized loved one, it is critical for the whole family to prioritize their mental health through exercise, r est and eating right (National Center for PTSD, 2010).Early treatment is better, for the symptoms can at times get worse as well as change family life. PTSD symptoms often get in the path of family life in setups that have individuals experiencing trauma. The PTSD symptoms can worsen the physical health of a trauma survivor. Treatment administered to traumatized individuals, helps them in overcoming the ordeal. Treatment is also accredited with restitution of control senses and the memory holding power of the nightmare in the individual’s life. An important aspect in prevention and handling of PTSD is social support. Every family member should be responsible for personal welfare as well as the well being of the member suffering from PTSD. Family members should avoid being too concerned with the suffering member because they may end up neglecting themselves (National Center for PTSD, 2010).Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More References Kato, N., Kawata, M., and Pitman, R. (2006). PTSD: Brain Mechanisms and Clinical Complications. New York: Springer. Little, S. (2011). How PTSD Affects Families of Veterans. Retrieved from  http://lowvarates.com/va-loan-blog/how-ptsd-affects-families-of-veterans/ National Center for PTSD: Effects of PTSD on Family. (2010). Retrieved from  https://www.ptsd.va.gov/

Sunday, February 23, 2020

Total and partial loss Marine Insurance Act 1906 Essay

Total and partial loss Marine Insurance Act 1906 - Essay Example Britain is the mistress of the seas, and its history is inextricably linked with the mastery of seamanship. The empire and its commerce were built upon transoceanic mercantilism, for which reason the UK has developed a relatively stable marine insurance law. Being well aware of the perils of the sea and the risks it poses to oceangoing vessels bearing valuable cargo, the development of marine insurance against losses due to oceanic misadventures is a natural development for a country like the UK. This paper shall treat specifically on the nature and types of losses that may be covered by marine insurance under the Marine Insurance Act 1906, and apply the provisions and jurisprudence concerning actual and constructive total loss to the case of Masefield AG (Insured) v Amlin Corporate Member Ltd (Insurer). The intention is to draw insight about the type of losses which marine insurance may or may not cover in the case of losses due to piracy. Marine Insurance Act 1906 s 56 The Marine I nsurance Act 1906 is a codification of the law of marine insurance as it existed at the turn of the century.2 It defines a contract of insurance as ‘a contract whereby the insurer undertakes to indemnify the assured in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.’... (4)Where the assured brings an action for a total loss and the evidence proves only a partial loss, he may, unless the policy otherwise provides, recover for a partial loss. (5)Where goods reach their destination in specie, but by reason of obliteration of marks, or otherwise, they are incapable of identification, the loss, if any, is partial, and not total.’ 6 Actual total loss. From this enumeration, the kinds of losses which may be claimed against insurance are actual total loss, constructive total loss, and partial loss. Actual total loss is described in section 57, constructive total loss in section 60, and partial loss which is covered under sections 64 to 66, all under the Marine Insurance Act 1906. The Marine Insurance Act 1906, similar to common law, recognises only two principal kinds of loss – total loss and partial loss, pursuant to section 56 (1) and (2) of the Act. Actual total loss is defined in section 57 (1) as follows: ‘Where the subject-matter i nsured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss.’7 This pertains to any subject matter insured, such as ship, cargo or freight. The first and last parts of section 57 originated from the observation by Lord Abinger made in Roux v Salvador,8 which constituted the basis of marine insurance was articulated in this manner: ‘The underwriter engages, that the object of the assurance shall arrive in safety at its destined termination. If, in the progress of the voyage, it becomes totally destroyed or annihilated, or if it be placed, by reason of the peril

Thursday, February 6, 2020

Greece defaulting on its payments Essay Example | Topics and Well Written Essays - 2500 words

Greece defaulting on its payments - Essay Example They asked for help from European countries and the IMF for the release of the appropriate kind of the funds. This was done to avoid the defaulting on the debts. The connivance of this cross was at the top of the agenda for most of the nations. This threatened to spread to the other nations of the Euro zone, like that of Italy and Spain (Shumway, 2004). Greece has been at the centre of the costs of the Euro zone. It has accumulated one of the highest levels of the public debt. It has also got one of the largest amounts of the deficit in the budget. This is one of the qualities of the budget and as been at the forefront of the financial pressures. It was the first member to ask for the assistance from the other Euro zone members for the financial assistance. This has been the status of the development of the diverse form of the response to the debt. There have a been a lot of initiatives on the part of the IMF( International Monetary Fund),the European officials, the ECB( European Cen tral Bank) and the officials at the Euro zone have bee trying to alleviate the levels of the financial crisis, by undertaking a number of steps. At the persuasion of the various European leaders, the holders of the Greek bonds have been read to do be sold the off at lower prices to ease the pressure on the Greek economy. The way that the things are progressing, Greece could be the first economically advanced country in the world to default on payments. The developments of Greece are of interest to the whole world as the crisis has chances of â€Å"spilling over â€Å"the other economies. This shall impact the functional aspects of many countries over a sustained period. The Greece government has a long history of the public dent. Since the independence from the Ottoman Empire in 1832, the economy is in default. The economists have been pointing to a number of the factors that have affected this kind of the change, the main among them being the extreme levels of the control of the state economy, the public administration in a very bad shape, the tax evasion is at the highest levels in the recent times and the large degree of the political clienteles have been the primary factors causing the problem. The large scale flow of the capital at the low rates in 2000 and the economic crisis of 2008-2009 further increased the problems. These have been one of the main reasons for exacting this inflexion point. BACKGROUND OF THE PROBLEM The preparation of the Euro as the national currency was preceded by a number of the specific factors. One of the primary factors was the fact that the costs of the borrowing dropped in a very dramatic manner. The use of the different kind of the resources was established for the dropping of the rates of the bond. This had a great impact on the complete process of the development of the economy. There was a thought process that the convergence would be high among the different members. This was re-iterated by the different countries whil e going the Euro zone (Korablev, 2010). The new kinds of the leverage on the payment of the taxes were not used for the level of the government funding. The qualities of the important were not increased; the amount of the public spending was increased. This led to an increase of the amount of the deficit, causing the rise of the problems. This had an impact on the different kinds of the government processes. The

Wednesday, January 29, 2020

David M’Naughten Essay Example for Free

David M’Naughten Essay David M’Naughten hails from Scotland. He earn his living by being a wood cutter. He hardly can make both ends meet and develop hatred to the Prime Minister of Great Britain in the year 1843. To M’Naughten, the Prime Minister was the cause of his personal and financial sufferings due to the failure of the former to run the British government well. In an attempt to get even with the Prime Minister, M’Naughten attempted to kill the leader. M’Naughten was not successful because his ploy was thwarted by the secretary of the Prime Minister and instead killed the secretary and afterwards attempted to murder the Prime Minister. During the trial, nine witnesses testified that M’Naughten was an insane and the jury acquitted him, finding him â€Å" not guilty by reason of insanity † ( pbs. org. n. d. The Right/Wrong M’Naughten Test†. Paragraph 1) Reporter Bill Mears of CNN Washington in 2006 reported â€Å"There was little doubt that Eric Clark, then 17, shot and killed a police officer six years ago in Flagstaff, Arizona. And prosecutors and defense attorneys agreed that the killer had some degree of mental illness he was a diagnosed paranoid schizophrenic who believed he was being constantly watched by aliens from outer space†. â€Å"Teen shot and killed police officer he thought was an alien†, 1st paragraph). Eric Clark believe that the police who accosted him was an alien from outer space who came here to get him, and so, Eric shot and killed him. Eric was found guilty of first degree murder three years after the fatal shooting. Eric defense lawyers entered a plea of not guilty due to insanity. It took three years of deliberation by Arizona court whether Erick will be jailed or sent to mental rehabilitation center while serving the sentence. The court Arizona court ruled Eric to languish in jail for life. Based from the two court decisions just mentioned, it appears that there is sort of disagreement among the different U. S. legal courts as to the legal definition of insanity and its acceptance as legal defense in court. This essay will trace the development of insanity as legal defense from its origin up to what it is in today’s legal battle. Evolution of insanity defense As early as 1581, insanity defense has been well considered in Anglo-American law and a legal treatise was enacted saying that â€Å"If a madman or a natural fool, or a lunatic in the time of his unacy do [kill a man], this is no felonious act for they cannot be said to have any understanding will â€Å" ( pbs. org. n. d. â€Å"A Brief History of Insanity Defense†, paragraph 3 ). There was no available record of court proceeding from the date of treatise enactment up to 17th century. Three hundred years later, the British court elaborated the treatise and gave rise to the â€Å"wild beast test† ( 4th paragraph ) which emphasized that â€Å"If a defendant was so bereft of sanity that he understood the ramifications of his behavior no more than in an infant, a brute, or a wild beast, he would not be eld responsible for his crimes ( 4th paragraph). In other words, if the defendant lacks sanity and cannot comprehend the outcome of what he did, as his ( defendant) mind is that of infant or a wild animal, then the defendant is not liable for the crime committed. The codification of this British â€Å" wild beast test† was put at stake in 1843, in the case of David M’Naughten as outlined in our introduction. Queen Victoria was not impressed with the decision of the court and requested a review of the case with a panel of judges. The resulting decision was â€Å"that a defendant should not be eld responsible for his actions if he could not tell that his actions were wrong at the time he committed them â€Å" (The Right/Wrong M’Naughten Test†. Paragraph 3). This was also mentioned in the research of Chiacchia ( 2001) and law. jrank org. n. d. ) This became the basis of the insanity defense in England and adopted by American courts and legislatures for more than 100 years without any modification. Up to 1998, 25 states including the District of Columbia adopted this Right/Wrong M’Naughten Test†. According to legal critics, the M’Naughten test has one major rawback. While the rule focus on the ability to distinguish right from wrong (which is cognitive in nature), it failed to consider the unstoppable desire that was the dominant feeling before and during the consummation of the crime. This resulted to modification of the M’Naughten rule by adding a provision called irresistible impulse ( â€Å"Irresistible impulse†, 1st paragraph). The added provision in effect will absolve a defendant who can distinguish between right and wrong but unable to stop the crime due to his uncontrollable desire to consummate it to get even with the victim. A number of tates adopted the M’Naughten modification and coined another name as â€Å" policemen in the elbow test† (1st paragraph). The name clearly highlight the intense desire to consummate the crime as even if there is police authority around to witness, the defendant will do it. In 1950, advances in psychiatry and psychology as a science was very noticeable. In the light of the advances, legal critics saw the M’Naughten rule as too rigid and antiquated. In 1954, an appellate court discarded the M’Naughten and â€Å" irresistible impulse â€Å" test in favor of a more scientific and medically based insanity test. This became the basis of the Durnham â€Å" Mental Defect† rule. In Durnham v. United States, The U. S. Court of Appeals of the District of Columbia ruled that a defendant is not guilty † if his unlawful act was the product of mental disease or mental defect. (â€Å" The rise and fall of the Durnham â€Å"Mental Defect† rule, 1st paragraph). The decision was considered as within the demand of the times and a major breakthrough in American legal system as it exemplify the replacement of moral considerations with a more neutral and scientific evidences reflective of the advances of psychiatry and psychology ( â€Å" The rise and fall of the Durnham Mental Defect† rule). Legal experts claim that the Durnham rule is vague and difficult to apply. According to the experts, the term â€Å"mental defect† is very broad and they were concerned that due to its vagueness, more and more defendants will be acquitted than before. The confusion arises over the interpretation of â€Å" mental disease or defect† clause. Will mental defect mean only psychosis or any of the minor mental disorder found in Diagnostic and Statistical Manual of Mental Disorder (DSM). Critics were concerned of the possibility that defendants will use alcoholism and other ental disorder with antisocial behavioral symptoms as defense of their crimes. Also, it is not clear where the burden of proof is; that is whether it’s up for the court to determine the mental defect or the burden lies with the defendant and the psychiatrist as professional witness. Another disagreement is that the Durham test inadvertently grant too much influence to the psychiatrist and psychologist as to the result of the court trial. Twenty two states rejected the Durham test in 1972 and a panel of judges considered the Model Penal Code Test of the American Law Institute ( A. L. I. as eplacement (pbs. org. n. d. ). The A. L. I. standard is intended to soften the M’Naughten with the â€Å"irresistible impulse† by introduction of medical and psychiatric evidence requirement. The A. L. I. standard, rule â€Å"that a defendant will not be held criminally responsible if at the time of the behavior in question as a result of a mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. (pbs. org. n. d.  A Brief History of Insanity Defense, â€Å"The A. L. I. Standard†, 1st paragraph). In ddition to requiring the defendant to show proof that at the time of the consummation of the crime, there is absolutely no understanding as to the nature of the act ( as in M’Naughten test), a certification from a psychiatrist or psychologist is needed to attest to the fact that the defendant lack â€Å" substantial capacity† ( paragraph 2, line 4 ) to understand the right f rom wrong together with the irresistible impulse consideration. Under the A. L. I. tandard, the act of serial killers whose mental defect manifests only during the act of killing and shows normal mental behavior before and after he consummation of the act can lead to his/her conviction. In 1998, 22 states used the A. L. I. rule while 26 used the M’Naughten version regardless of the irresistible impulse clause. It is also provided in the A. L. I. standard, the provision for due process and equal protection concerns for those who were acquitted by reason of insanity for automatic and indefinite confinement to assess and treat their mental disorder and check their dangerousness potential to society periodically. If found during the evaluation that further confinement is no longer needed, then the defendant can be eleased. By early 1980’s all state legislatures except for 10 has reformed their laws incorporating the provision for periodic review. In 1981, a test for stability of the A. L. I. standard ensued. John Hinckley, Jr. , a Washington police officer and secret service agent shot then U. S. President Ronald Reagan and his press secretary James Brady. Hinckley claimed during the trial the following: that he was trying to impress the actress Jodie Foster, with whom he was infatuated. He later described the incident in a letter to The New York Times as the greatest love offering in the history of the world. At one time Miss Foster was a star and I was the insignificant fan. Now everything is changed. I am Napoleon and she is Josephine. I am Romeo and she is Juliet (pbs. org. n. d. A Brief History of Insanity Defense, â€Å"After Hinckley† , 1st paragraph). Hinckley was acquitted by the jury of 13 assault, murder and weapon counts and moreover, ruling him not guilty by reason of insanity. This resulted to a great American public uproar that call for thorough review of the insanity defense strategy and plugging loopholes in the justice system that allows an obviously guilty man to escape punishment. Senator Dan Quayle claimed that the insanity efense allowed pampering of criminals by allowing them to kill without conscience. The psychiatric and legal professional group called for the modification instead of total abolition of the insanity defense resulting to legislation called â€Å" The Insanity Defense Reform Act of 1984† ( 3rd paragraph). The act is a stricter version of the M’Naughten rule. The Cornell University Law School in 2006 released the following information related to a more stricter version ( article 17, Insanity defense, U. S. Code Collection, 1st paragraph) (a) Affirmative Defense. — It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. (b) Burden of Proof. — The defendant has the burden of proving the defense of insanity by clear and convincing evidence The burden of proof now is with the defendant and not with the prosecution. The defendant in order to qualify for the insanity defense must show proof that the disorder is severe. The volitional test that excused a defendant who lacked the capacity to fight the â€Å" irresistible impulse† was eliminated, in effect going back to the M’Naughten â€Å" right/wrong â€Å" standard of the 19th century. The influence of psychiatric testimony was effectively limited and more stricter procedure on hospitalization and release of those acquitted was put into effect. Thirty states adopted â€Å"The Insanity Defense Reform Act of 1984 † while the three states of Montana, Utah and Idaho abolished completely the insanity defense strategy. In the year 2000, a provision to â€Å"The Insanity Defense Reform Act of 1984 † was enacted nd 20 states instituted it. The provision is called â€Å" Guilty But Mentally Ill â€Å" or GBRI ( Chiacchia. 2006. Insanity defense, â€Å" Guilty but mentally ill†, 1st paragraph, line 2. ). Under the GBRI, the defendant can be sentenced guilty although he is legally insane. The convicted will be jailed and his mental illness will be checked by the government periodically. The criticism of GBRI lies on the fact that very few jail institution can actually look at the mental state of the convicted insane. Examining the success of using the insanity defense in this modern time, Chiacchia ( 2001 ) eported ( â€Å" Insanity defense statistics, 2nd paragraph) that: Successful NGRI defenses are rare. While rates vary from state to state, on average less than one defendant in 100-0. 85 percent-actually raises the insanity defense nationwide. Interestingly, states with higher rates of NGRI defenses tend to have lower success rates for NGRI defenses; the percentage of all defendants found NGRI is fairly constant, at around 0. 26 percent It shows from the statistics that the chances of acquittal using the insanity defense is very slim, considering that practically every loop hole in the American jurisprudence has been effectively ealed with the adoption of â€Å"Guilty But Mentally Ill† provision. Summary and Conclusion It is now a known fact that the insanity defense dates back in 17th century in Great Britain with the acquittal of David M’Naughten. The M’Naughten Right/Wrong Test underwent five modifications from 17th century up to the present time. A number of celebrated cases involving rich families and big political figures as victims in the past three centuries resulted to acquittal of the defendants in the light of the different legal interpretation of insanity defense among states. The acquittal of John Hinckley, Jr. who shot then U.  S. President Reagan and killed his press secretary in 1981 was the strong force that caused widespread public clamor for reviewing and unification of interpretation of the insanity defense strategy. At present, all states except for three ( Montana, Utah and Idaho which scrapped the insanity defense in its entirety) enacted the M’Naughten rule with modifications centered on the burden of insanity proof on the defendant. Twenty states enacted â€Å"The Insanity Defense Reform Act of 1984 † with provision for Guilty But Mentally Ill, shutting the loopholes.

Monday, January 20, 2020

The Black Counter-Culture in We Real Cool by Gwendolyn Brooks Essay

The Black Counter-Culture in "We Real Cool" by Gwendolyn Brooks After reading the poem "We Real Cool," by Gwendolyn Brooks, most people think that Brooks is making an ironic statement. Most will read the poem and think that Brooks is being sarcastic by using simple language and in the end asserting that the seven pool players will die soon, or more broadly that all who speak in this manner will die soon. No doubt some people will see Brooks' statement "We/Left school" as the beginning of her disapproval of a lack of an education, and that the lines of the poem represent the thoughts or statements of the pool players. I disagree. There are too many other factors in and around the poem for Brooks to merely be writing a sarcastic poem about? whom? What Brooks is saying through the speaker of the poem is that Blacks in America are at the fledgling stage of finding their own voice, and they are willing to do anything, even die, in order to be heard and noticed. First of all, Brooks is an African-American individual. She was born in 1917 and would have been discriminated against in Topeka where she was born, and even in Chicago where she grew up and went to school. She lived to see the effects of the ever-increasing freedom of the African-American people, and experienced it firsthand. After Brown vs. The Board Of Education of Topeka Kansas and the end of World War Two, Blacks were embarking on a new journey. They had come from slavery to separate-but-equal, but now the new problem for blacks was identity. What is an ideal black man? What does an African American stand for--or against for that matter? We are, but who are we? These are only a sample of the questions expressed through the action of the poem, and its exposition in t... ... and especially money are not given up easily. In conclusion, the author uses other devices to help point the way to understanding. For one thing, she uses repetition in the word "We" to emphasize the separate nature of the group. But, repetition also emphasizes rhythm in the poem?s reading. When one reads the poem, the "We" should be emphasized as its own separate syllable, when it is at the end of a line. And speaking of rhythm, the poem also exhibits a unique rhythm that goes against the convention of stressed and unstressed syllables. In the poem, the words are stressed syllables and the unstressed syllables come with the periods and at the end of the lines. And so the poem itself is a statement by Brooks that the African American voice is coming into being. It is counter-culture, counter-convention, and it is steadfast to the death of all who hearken to it.

Sunday, January 12, 2020

How effectively the authors of your chosen texts explore

Parent/Child relationships are widely portrayed in the two novels, Mister Pip by Lloyd Jones and Curious Incident of the Dog in the Night Time by Mark Haddon. The authors both explore and portray the relationships between the main characters and a parental role differently in relation to the other despite them both being from opposite sides of the world, as well as the story being set in different time periods. In Mister Pip, its Matilda a young black girl from the island of Papua New Guinea with her mother Dolores and in The Curious Incident.. ts Christopher, a young boy with Aspergers Syndrome from Swindon along with father Ed Boone. The children on the island in Mister Pip are made to look inferior to the adults earlier on in the novel. Despite being a norm or value, the children in Mister Pip are made to abide all the rules that are set by the adults which often makes them feel less important than the adults. This is established early in the first few pages of the novel â€Å"We weren't worthy of that. It was as if we didn't exist† (page 3). Although its the norm in most cultures and societies that the children are raised to respect the elder peers, follow the rules set by them and inherit their general knowlegde, its seems that both the children and their parents are intellectually equal despite the difference in age and observation. â€Å"When our ancestors saw the first whit guy they thought they were looking at ghosts.. † (Page 5) This shows the intellectual relationship between the children and their parents who mainly base their knowledge of what they've observed forcing the children to believe it word for word. However, Christopher in the Curious Incident of The Dog in the Night Time, does not consider the adults superior in the novel when he is being shouted at by Mrs Shears for being on her lawn and holding the corpse of the dog Wellington he just ignored her. â€Å"The policeman took hold of my arm and lifted me onto my feet. I didn't like him touching me like this. And this is where I hit him. † (Page 9). Christopher lashes out in the way he believed to be right rather than the way he was aised to deal with these types of situations which suggests that besides his syndrome, there have been a lack of trust between Christopher and his dad during his upbringing that Christopher felt he didn't have to stick by the rules enforced: in this case, â€Å"you know its wrong to hit a policeman† (Page 22). In Mister Pip, the relationship between Matilda and her mother Dolores is very complicated, they come into conflict over the book â€Å"Great Expectations† when Matilda tries to tell her mum Dolores about how much she enjoyed the book. Lloyd Jones portrays Dolores as a strict Christian who is a very proud woman however is embarrassed to tell Matilda her daughter, of her age. So when Matilda tries to tell her mum about the book Dolores goes against the story by saying its immoral causing the two characters to drift further apart. â€Å"She must have anticipated this because she used her softer voice, the one she used the night before Great Expectations came between us† (Page 36) Matilda quotes as she realises anything regarding Great Expectations angers her mother. This then leads to conflict with Mr Watts, the teacher which Dolores shows a lack of respect by calling him Pop-Eye (the nickname the children had developed for Mr. Watts). The contention then begins to grow between Dolores and Mr. Watts when Dolores visits the school to preach about religious faith. As the conflict grows, it seems that Matilda is being forced into thinking two different ways of life. â€Å"The same space had come to exist between Mr. Watts and my mum. And I knew I would have to choose between the two† (Page 40) shows Lloyd Jones uses the intellectual conflict between the adults to highlight how this happens regular between parents which often impacts on the child and what they will be like growing up. On the other hand, in The Curious Incident†¦ Christopher's relationship with his father is jeopardised after he finds out that his father lied to him about his mothers death. Father said that he didn't know what kind of heart attack she had and now wasn't the moment to be asking questions like that† (Page 36) This particular event in the story changes the dynamics of the novel, tension and the relationship with his father as he wanted to know what had happened to his mother. The problem resulted to Christopher taking independence within his own life on his journey to London to find his mother, then becoming very close again in the latter part of the novel; While he realises the reality of life that his parents never allowed him to understand. Mark Haddon uses the syndrome of Christopher to emphasise how eager he is to be self reliant, this separates the characters because that's what Christopher tries to achieve although he is not in a self reliant position due to his condition and age. The Bond between Matilda and her real father can be described as non-existent throughout majority of the novel up until towards the end when he returns from the mines. Matilda considers Mr Watts as her main male figure for majority of the novel and even when her father does come back she continues to accept that Mr Watts (Pop-eye) is the â€Å"father† in her life. This was considered another reason why Mr watts and Dolores have a lot of conflict when it comes to Matilda. In Curious Incident, at first the bond between Christopher and his father is very strong. It is so strong you they had more than a family bond, they also had a good reliant friendship. In both the curious incident and mister pip the adults/ parental figures are secretive when it comes to telling the children in the two novels the truth about certain incidents. The children in Mister Pip are not told about what is going on in the war and are kept from finding out the truth, which gives the indication that just like in today's society the children are being protected from the truth about current affairs in the world because of their age and innocence. Christopher in The Curious incident is kept from finding out the truth of his parents split up, even though he is not a child and is in his teens the parents feel that he would not fully understand the reasons for them splitting up which would give us the impression that there is trust issues between Christopher and his parents. The authors used different techniques to explore the child and adult relationships, despite of the circumstances each main character was facing and/or due to the lack of a biological parent. In regards to the question, the authors explore the relationships well as both Mark Haddon and Lloyd Jones use their novels to define trends in relationships throughout different places and era and how that can affect them in the long-term. Despite also defining that both parents and children within the novels are equally reliant on one an other.