Jury System in India - 1861 Words

Jury system And Its relevance in India. ------------------------------------------------- Abstract ------------------------------------------------- This research article attempts to explain what exactly is jury system and the objective behind having jury trials. Also, we talk about its relevance in India and Indian judiciary. Tracing right from the period after independence when jury system prevailed in India, later when it was abolished and the present times where it is nowhere to be seen in our judiciary system, I have tried to gauge its suitability and feasibility in India and find whether the decision of abolition of jury system really a right decision or should we have jury system back incorporated in our judicial system like†¦show more content†¦It is true that in the earliest time known to us justice was administered to by arbitrators known as Panches or Panchayats chosen from the particular caste, tribe, trade or locality to which the parties belonged ; but there is little in that system analogous to English trial by Judge and Jury in criminal cases, and no attempt has been made yet to introduce into Indian Trai l by Jury in civil cases.The Trial by Jury of capital crimes committed by the Company’s servants was enacted by an Ordinance of James I dated 1623/4, and jury trial became the rule for criminal trials on the original side by the Supreme Court in Calcutta. This system passed on naturally to the Chartered High Courts, but this involved so small a part of the volume of criminal cases as to be negligible, except in so far as it provided an exemplar for the establishment of juries in the Ordinary Courts of Sessions.The first case decided by an English jury in India happened in Madras (today Chennai) in 1665. It is described by Professor M. P. Jain in his Constitutional history. †¢ One Mrs Ascentia Dawes (probably a British woman) was charged by a grand jury with the murder of her slave girl. Then a petty jury, with six Englishmen and six Portuguese, found her guilty â€Å"but not in manner and form†. The Governor asked the jury for a second clearer verdict†¦ and M rs Dawes was acquitted. †¢ This first case is almost the summary of a rather sadShow MoreRelatedA Case For Jury Trials1259 Words   |  6 Pages A case for Jury Trials in India By: Scott A. McMillan, Ravishankar K. 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Touching the Void Moitivational Theories Free Essays

Touching the Void is an inspiring story about the power of the human will. To my surprise, the film left me emotionally spent as it touched on the issues of friendship, mortality and survival. I am sure many of my classmates will agree that it is an amazing story. We will write a custom essay sample on Touching the Void: Moitivational Theories or any similar topic only for you Order Now But, for me, the thing that makes it truly inspirational is the way that Joe never gave up. In this brief paper I intend to show how Self Determination and Goal Setting theory influenced Joe’s inspiring story of survival. Self Determination Theory Self-Determination Theory draws from the research that people are inherently active organisms that strive for positive interactions with the environment (Class Lecture, February 3rd 2011). The theory suggests that people have three psychological needs that must be satisfied to initiate and regulate everyday behaviour. In addition, the theory also specifies that satisfaction of these needs also enhances intrinsic motivation (Deci Ryan, 1985b, as cited in Reeve 2008). Intrinsic motivation is self-directed process which leads to more interest based behaviour rather than behaviour based on external rewards (Deci Ryan, 1985b, as cited in Reeve 2008). The first psychological need is to feel a sense of autonomy in performing an activity. Autonomous behaviour involves having an internal locus of control and freedom to determine own behaviour. Autonomy is increased by having a choice, flexibility and opportunities for self direction (Reeve Jang, 2006, as cited in Reeve 2008). The second need is having a sense of relatedness. This can be achieved by having close relationships with people who care about you (Baumeister Leary, 1995, as cited in Reeve 2008). The third fundamental need is to perceive competence in relation to an activity. Competence is increased by engaging in activities that facilate optimal challenge and provides effective feedback (Deci Ryan, 1985b, as cited in Reeve 2008). Self Determination theory provides us with a very applicable framework to understand Joe’s behaviour during his fight to stay alive. As noted by Professor Nisbet in class, intrinsic motivation is generally inherent in people and, can flourish out of people’s need for autonomy, relatedness and competence. There are many benefits an individual can attain by embracing intrinsic motivation. One of these benefits is the importance of persistence on a challenging task (Deci Ryan, 1985b, as cited in Reeve 2008). There are numerous occasions during the film which persistence on a task is evident. Immediately after Joe breaks his leg, it obvious the persistence level of both climbers begins to escalate. Although both men know that a broken leg during a mountain ascent is likely fatal, they still persistent and work toward the goals of reaching the bottom. Joe is in excruciating pain but he continues on simply because there are no other options. There comes a point in the film where Joe is alone, and he continues to fight even though his hope of survival is slipping. Joe describes a constant â€Å"voice† in his head that urges him to â€Å"keep going†. I believe that Joe’s inner voice represents his continued persistence and determination to survive. It is clear that Joe’s high level of persistence allowed him to push him forward when he felt like giving up. Goal Setting Theory Goal setting theory is based on the idea that specific, difficult goals lead to higher task performance than do easy goals (Locke Latham, 1990; Mento, Steel Karren, 1987; Tubbs, 1986, as cited in Reeve 2008). Before difficult and specific goals can raise performance, the concept of goal acceptance must take place within an individual. In general, the individual must decide either to accept or reject the goal. If the goal is both accepted, it will enhance performance and facilitate goal commitment (Erez Kanfer, 1983, as cited in Reeve 2008). In addition, Because goals refer to a future ideal state, setting goals may uncover discrepancy between a present and ideal state. This mismatch between present and ideal state will motivate an individual to achieve an ideal state and modify an ineffective plan if necessary. (Campion Lord, 1982, as cited in Reeve 2008). Joe’s survival story is a testament to how to effective goal setting can be. With no food, no water frostbitten fingers, and a shattered leg Joe comes to the conclusion that if he wants to survive he must â€Å"set definite targets† for himself. Faced with an enormous task, Joe consistently sets small specific, attainable goals to increase the chances of his survival. For example, Joe would challenge himself to crawl to a particular rock within twenty minutes. When he got there, he set himself another goal, and then another. This is how Joes managed to mentally deal with the seemingly impossible task of getting to the bottom of the mountain. In summary, Touching the Void is an astonishing story of determination and persistence and it probably says more to me about goal-setting than anything else I have ever watched. By focusing on Joe’s 3 psychological needs and goal setting motives, we have learned much about the reasons why Joe never gave up. Although it may seem unrealistic to compare how Joe survived a life and death ordeal to our ordinary lives, extreme stories like this help us understand what drives motivational behaviours in everyday situations. How to cite Touching the Void: Moitivational Theories, Essay examples

Legislative Branch Essays - Constitutional Law, Philosophy Of Law

Legislative Branch Ryan Francom ENGL 2010 Portfolio 2: Proposal Final Draft Judiciary Our last hope Our flags have been raised from half-staff to full-staff since the terrorist attacks in the New York area and most of us Americans seem to be increasingly aware of our protecting freedoms. In 1787, our founding fathers created the greatest contract or agreement for freedom ever known to mankind. My Brief American Pageant history book lists two fundamental principles that directed them to the establishment of our Constitution. These guidelines were that, the only legitimate government was one based on the consent of the governed and that the powers of the government should be limited (117). Our Constitution clearly states that the power rests first in the people, then the states, and lastly, the United States. Thats why the preamble begins We the People. But do we fully understand our rights, powers, or freedoms: furthermore, does each state know theirs? To put it quite frankly, weve slowly turned over our powers to the Federal Government and they have been deceitfully abusing the pow ers vested unto them without a fight on our part? Now, let me reassure you, my readers, that America is great. Its not so because a bunch of people in Washington have told us what to do, but because people have been free to do great things on their own. However, we are now faced with a perpetuating greedy government that is extolling their power (that has been handed to them on a temporary basis) to satisfy their own carnal desires. The more power they have, the less power the people have. This is the exact same principle upon which our union was brought together by. You see, the first thirteen colonies knew that if they gave up all their power and didnt remain sovereign that they would be completely ruled by a one-world government. Utahs former State Secretary Joseph Stumph understood this principle and explained it quite well in his book The Constitution Hanging by a Thread. Once the Union was formed, many of the Founders and many of the ratifying State Conventions were still skeptical about the potential for abuse of power by Th e Federal Government. Thats why they, therefore, shortly afterward, adopted the first ten Amendments, The Bill of Rights, to doubly insure that all parties understood the Central Government was to be very limited in the powers the states had given up for the sake of the union (4). Thats why the Tenth Amendment reads as follows, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. But the fact still remains, our Federal Government has become way to powerful and were at the verge of loosing the few powers that are still ours. My fellow citizens, Im now going to show you where, how, and why some of our systems are faltering. To start out, Im going to use a prime example of how our Executive branch has in short, abused their powers. Most recently, former President Clinton and the Marc Rich case. Here our two-termed honorable President pardoned his friend, colleague, and finance contributor in his last days in office. BBC News, in their attempt to cover this top story, says that, Marc Rich, the multi-millionaire fled to Switzerland 17 years ago while facing more than 50 charges of tax evasion and illegal oil trading (Author unknown). President Clinton signed his John Doe to release all charges against this traitor of justice. Ironically, this wasnt the only one; he signed for 141 of these types of pleas. This has caught criticism from both the Republicans and Democrats on Capitol Hill (Author unknown). And it should. If this is not abusing power I dont know what is. Next, our Legislative branches continually infringe upon some of the laws that they themselves legislate. Take for instance, the 1992 banking scandal in the House of Representatives. In a three-year period, 355 members of Congress wrote 20,000 bad checks, according to the General Accounting Office. This was all tax payers money our money. There are lots of people serving time in jails in this country for the same

Womens Suffrage Movement Essays

Womens Suffrage Movement Essays Womens Suffrage Movement Essay Womens Suffrage Movement Essay For the past few decades the goal of feminism has been to achieve equal rights for women. It began with the efforts of Lucretia Mott and Elizabeth Cady Stanton who laid the frame for the Womens Suffrage Movement and later movements to come. They set out to clear the board of patriarchal domination. Since women were not permitted to attend the World Anti-Slavery convention, Mott and Stanton organized the first womens rights convention, Seneca Falls, in 1848 (56). It is this key event, which marks the initial effort toward achieving equal rights for women. Equal status for women was thought to be against the will of God during the nineteenth century. This accounts for the small fraction of women writers recognized during this era. Of this number, a young woman by the name of Emily Elizabeth Dickinson is considered to be the most distinguished. Emily Dickinsons, She Rose to His Requirements, provides a window into the way nineteenth century culture constructed and understood concepts such as gender, marriage and sexual personae. The majority of Dickinsons poetry is based on death, love and eternity. Based on the context of the poem, She Rose to His Requirements, we will examine the cultural attitudes toward gender, marriage and sexual personae, which exist in the nineteenth century. In comparing these attitudes to those, which exist in the twenty-first century we will determine whether or not equal rights for women is truly a reality. One should take into consideration, Betty Friedans term, the feminine mystique. This term is in reference to traditional female roles. During the nineteenth century, the role of women was rather limited and pejorative: the wife, the mother, and the home- maker. In Dickinsons poem, She Rose to His Requirement, the idea of the feminine mystique is present. She rose to his requirement__dropt The playthings of her life To take the honorable work Of woman, and of wife (1-5) Line two of this stanza brings up an aspect of patriarchal domination. The word playthings may refer to the age of the female in the poem and suggests that the female is of adolescence. Line four of this stanza supports this factor in that the poet uses woman versus wife to indicate that the young girl has not yet reached maturity. Another possible interpretation of the use of the word playthings is that the young woman may unwillingly be sacrificing her goals, aspirations, or dreams to play the expected role of a woman of this era. During this period in time it is very common for a female to be married at a very young age, in order to secure her familys wealth or to strengthen her family name. However, this poses a problem: the loss of innocence and identity due to conformity and constraint. Naomi Wolfs, usage of the metaphorical term, Iron Maiden Imagery, supports the existence of this phenomenon (51). Before the term can be understood metaphorically, one must understand its initial meaning. Initially, the Iron Maiden was a term used to describe a type of torture or punishment inflicted upon women of mid-evil times. This torture entailed a women being enclosed in a wooden box, which was internally embedded with metal spikes. As the box was closed, entrapping the female, the metal spikes would puncture the flesh and she would bleed to death. Metaphorically, the Iron Maiden describes the entrapment of a woman in her own body. Perhaps Emily Dickinsons purpose for writing poetry such as this is to escape the constraining roles of women of the nineteenth century. Because outlets for feminine expression are few, this may be a form of passive expression in which Dickinson rebels against patriarchal domination. An example of this passive rebellion arises in stanza two. If ought she missed in her new day, Of amplitude, or awe__ Or first prospective__ or the gold In using, wear away (6-9) Here Dickinson mocks the presence of euphoria on the young girls wedding day. By using the words amplitude, awe, and prospective, the poet applies negative connotation to what is supposed to be the happiest day in a womans life. This may suggest that Dickinson holds a negative view of marriage Many of Emily Dickinsons poems are characterized by the intricate use of metaphors. She uses metaphors more literally than anyone else in major literature (Paglia 637). An example surfaces in stanza three. It lay unmentioned__as the sea Develope pearl and weed, But only to himself__be known The fathoms they abide__ (11-14) In this stanza, it refers to the gold wedding ring in stanza two which, as implied by the poet, will no longer be in use later in the marriage. The sea image used by the poet is appropriate because it is in reference to the word wear (stanza two) which means to cause a ship to turn about with the stern facing the wind. A fathom is a unit of about six feet, which is used to measure the depth of water. By using such words, Dickinson has painted a vivid picture of what the marriage will be like in the future, thus her use of literal metaphors. Because of Dickinsons literal use of metaphors in the poem, we can accurately compare the attitudes toward gender, marriage and sexual personae, which are present in the nineteenth century to those, which are present in the twenty-first century. It appears that in the nineteenth century these attitudes were strongly governed by patriarchal domination. The only purpose women were to serve was that of the wife and child bearer. A woman deemed out spoken was shunned and could never expect to be married if she carried herself in this manner. The irony in the poem arises in the title. The title suggests a step up while the poem itself suggests submissiveness and inferiority. The context of the poem implies that sublimation in women can only occur once she is married. In the twenty-first century, women are bound by beauty, for it has come to exist within society as a commodity, a product, which can be bought and sold. Women are bound by the concept of beauty, for it applies mainly to physical appearance and excludes the beauty of personality and character. Liberal women are often shunned as in the nineteenth century and the idea that men are superior to women has not ceased to exist either. For example, gender discrimination is evident when taking into consideration the stipends of male and female employees who work for the same company, perform the same tasks, and answer to the same boss. The male employee often receives a significantly higher stipend than that of the female employee. Where is the equity in this? The existence of equal rights for women may exist only in spirit, thus it can be referred to as a ghost theory. Equality between genders does not exist. It, along with the concepts of racism and miscegenation, is beyond societys reach. Perhaps the male gender is afraid of what will transpire as a result. Gender equality is feared and remains an unseen aspect of societal development, thus the term ghost theory.

How to Ask Questions in Italian

How to Ask Questions in Italian Who is Carlo? Where is the train station? What time is it? Why do Italians talk with their hands? How do you make gnocchi? These are all questions that you’ll likely need to ask when you are in Italy or speaking Italian, and so you’re going to need to understand the basics of how to ask questions. Here Are the Basics Chi? - Who? Whom?Che?/Cosa? - What?Quando? - When?Dove? - Where?Perchà ©? - Why?Come? - How?Qual/Quali? - Which?Quanto/a/i/e? - How much? TIP: In questions beginning with an interrogative word, the subject or the personal pronoun  is usually placed at the end of the sentence. Quando arriva Michele? When does Michael arrive? Let’s take a look at how these vocabulary words are used in real life conversation. Chi Prepositions such as a, di, con, and per always precede the interrogative word â€Å"chi.† In Italian, a question never ends with a preposition. Chi à ¨ lui? - Who is he?Chi parla? - Who is speaking? (on the phone)Chi sono? - Who are they?/Who am I?Con chi hai cenato ieri sera? - With whom did you have dinner last night? Che/Cosa â€Å"Che† and â€Å"cosa† are abbreviated forms of the phrase â€Å"che cosa†. The forms are interchangeable. A che ora? - At what time?Che lavoro fa? - What work do you do? (formal)Cosa ti piace di pià ¹ della cucina toscana? - What’s your favorite Tuscan dish?Cos’à ¨ questo? - What is this? As you can see with the last example, sometimes the conjugation of the verb â€Å"essere†, in this case â€Å"à ¨Ã¢â‚¬ , can combine with the question word â€Å"cosa†. Quando Quando parti per l’Italia? - When do you leave for Italy? (informal)Quand’à ¨ il tuo compleanno? - When is your birthday? (informal)Quando à ¨ arrivata lei?/Lei quando à ¨ arrivata? - When did she arrive? Dove Di dove sei? - Where are you from? (informal)Dove hai lasciato gli occhiali?  - Where did you leave your glasses?Dove si trova una gelateria? - Where does one find an ice cream shop?Dov’à ¨ la stazione dei treni? - Where is the train station? As you can see with the last example, sometimes the conjugation of the verb â€Å"essere†, in this case â€Å"à ¨Ã¢â‚¬ , can combine with the question word â€Å"dove†. Perchà © Perchà © sei in Italia? - Why are you in Italy? (informal)Perchà © studia l’Italiano? - Why are you studying Italian? (formal) Come Come sta? - How are you? (formal)Come si chiama? - What is your name? (formal)Com’à ¨ un giorno perfetto, secondo te? - What is a perfect day according to you? (informal) Qual/Quali As with all adjectives, agree in gender and number with the nouns they modify, except for â€Å"che†, which doesn’t change. Qual à ¨ il suo segno zodiacale? - What is your zodiac sign? (formal)Quali sono i tuoi interessi? - What are your interests? (informal) Quanto/a/i/e As with all adjectives, agree in gender and number with the nouns they modify, except for â€Å"che†, which doesn’t change. Quant’à ¨? - How much is it?Quanto tempo ci vuole per arrivare a Firenze? - How long does it take to arrive in Florence?Da quanto tempo studia l’italiano? - How long have you been studying Italian? (formal)Quante persone vivono a Roma? - How many people live in Rome?Quanti anni hai? - How old are you? (informal)

Antibiotic Management of Common Respiratory Infections Essay

Antibiotic Management of Common Respiratory Infections - Essay Example It is unfortunate and alarming that overuse and misuse of antibiotics is bringing resistance to most of the common bacteria. The misuse of antibiotics stems primarily from the inherent inclination of doctors towards prescribing the latest and potent antibiotics without thorough microbiological, M, C & S examinations. To curb this antibiotic abuse the empirical antibiotic management has become the prime necessity of all hospitals (Hedrick, E). Modification in the treatment is made depending upon the patient's progress and bacterial sensitivities. Antibiotic course is started before the availability of microbiological results based on common conditions, but modifications or changes are made when microbiology results are available. As: Recommendations for initiating Antibiotic therapy: The severity of the condition, possible infecting pathogen(s) and route of administration (preferably oral) are to be considered. Constant monitor of the patient's response and changing the route of drug from IV to OD is essential within 24 hrs. Obvious advantages of OD over IV for ciprofloxacin, metronidazole and co-amoxiclav. Except for the severe disease conditions (bone infection) antibiotic therapy should be carried out maximum for 5 days. Restricted Anti-infective Agents: certain drugs are restricted due to their efficacy, toxicity and cost. Doctors need to work closely with the microbiologists and infectious disease experts to stop the misuse. Aim & Objective: Antibiotic use is associated with increased rates of antibiotic-resistant organism. The present study is carried out to empirically measure antibiotic prescription rates and identify predictors of antibiotic use for adults diagnosed for common respiratory infections as per the guidelines laid on resistance pattern at UHL. Methodology: Antibiotic prescription common respiratory infections University Hospital Lewisham Adult Formulary Summary of Antibacterial Treatment Common Respiratory Infections Date of Examination: Name of the Patient: Age: Physician: Weight: Blood Pressure: Gender: Respiratory rate: Allergies: Diabetes: X-ray Chest: Recommended/ Not recommended Present Medication: Symptoms: Microbiology report: (Microscopy, Culture & Sensitivity) Date: Treatment Prescribed: Result: Antibiotics reduce the normal flora of the body especially digestive tract. C.difficle is a spore forming bacterium which is part of the 'normal' bacteria in the gut of up to 3% of healthy adults. Patients who have been treated with broad spectrum antibiotics are at greatest risk of C.difficle associated disease especially cephalosporin amoxicillin and quinolones (Misuse of Antibiotics). Conclusion: Although antibiotics

Analysis Essay Example | Topics and Well Written Essays - 500 words - 3

Analysis - Essay Example ts by exhorting the people to alter, to abolish, and to institute a new government when it comes the time when the declaration is already destructive with respect to the rights. Same principles must also apply to uphold the same qualities of Life, Liberty and the Pursuit of Happiness, should there be an alteration of the state’s constitution. The people were also encouraged to look at the declaration as eternal and not fleeting. But, it emphasized the rights of the people to throw off the government if it continually claims constitutionality under shadows of usurpation and abuses. One is really amazed at the constitution’s gist of solid principles. And, if historians are to digest the declaration, there are many things to learn upon the classic example of the America’s Declaration of Independence. Democracy is not only a nomenclature for the kind of government, but also a state or quality of the governanment with life, liberty and pursuit of happiness in the end. It attempts to liberate the people. It attempts to establish the people as partners of the bureaucracy. And, it looks at people as highly-minded constituents, and as collaborators as well. It is learned that the true intentions of the framers of the constitution is to do good for the people and for the people in the next generations; that all people should be guaranteed with the same inalienable rights. It also intends to protect the people against abuses and usurpations. It will always be remembered that the framers had sincerely put in place the safeguards for the people. And, the people should be put away from harm. Lastly, it is comforting to note that the Americans can overcome challenges if it will be united as one. And the global community can take it as a catalyst to provide better lives for the entire