Duncan v. Louisiana Supreme Court Case, Arguments, Impact

Duncan v. Louisiana (1968) asked the Supreme Court to determine whether a state could deny someone the right to a trial by jury. The Supreme Court found that an individual charged with a serious criminal offense is guaranteed a jury trial under the Sixth and Fourteenth Amendments. Fast Facts: Duncan v. Louisiana Case Argued: January 17, 1968Decision Issued:  May 20, 1968Petitioner: Gary DuncanRespondent:   State of LouisianaKey Questions: Was the State of Louisiana obligated to provide a trial by jury in a criminal case such as Duncans for assault?Majority Decision: Justices Warren, Black, Douglas, Brennan, White, Fortas, and MarshallDissenting: Justices Harlan and StewartRuling: The court found that the Sixth Amendment guarantee of trial by jury in criminal cases was fundamental to the American scheme of justice, and that states were obligated under the Fourteenth Amendment to provide such trials. Facts of the Case In 1966, Gary Duncan was driving down the Highway 23 in Louisiana when he saw a group of young men at the side of the road. When he slowed his car, he recognized that two members of the group were his cousins, who had just transferred to an all-white school. Worried about the rate of racial incidents at the school and the fact that the group of boys consisted of four white boys and two black boys, Duncan stopped his car. He encouraged his cousins to disengage by getting in the car with him. Before getting back in the car himself, a brief altercation occurred. At trial, the white boys testified that Duncan had slapped one of them on the elbow. Duncan and his cousins testified that Duncan had not slapped the boy, but rather had touched him. Duncan requested a jury trial and was refused. At the time, Louisiana only allowed jury trials for charges which could result in capital punishment or imprisonment at hard labor. The trial judge convicted Duncan of simple  battery, a misdemeanor in the state of Louisiana, sentencing him to 60 days in jail and a $150 fine. Duncan then turned to the Supreme Court of Louisiana to review his case. He argued that denying him a jury trial when he faced up to two years in prison violated his Sixth and Fourteenth Amendment rights. Constitutional Issues Can a state deny someone a jury trial when they face criminal charges? The Arguments Attorneys for the State of Louisiana argued that the U.S. Constitution did not force states to provide jury trials in any criminal case. Louisiana relied on several cases, including Maxwell v. Dow and Snyder v. Massachusetts, to show that the Bill of Rights, particularly the Sixth Amendment, should not apply to the states. If the Sixth Amendment were to apply, it would cast doubt on trials conducted without juries. It would also not apply to Duncans case. He was sentenced to 60 days in jail and a monetary fine. His case does not meet the standard for a serious criminal offense, according to the state. Attorneys on behalf of Duncan argued that the state violated Duncans Sixth Amendment right to a trial by jury. The Due Process Clause of the Fourteenth Amendment, which protects individuals from arbitrary denial of life, liberty, and property, ensures the right to a trial by jury. Like many other elements of the Bill of Rights, the Fourteenth Amendment incorporates the Sixth Amendment to the states. When Louisiana denied Duncan a jury trial, it violated his fundamental right. Majority Opinion Justice Byron White delivered the 7-2 decision. According to the court, the Due Process Clause of the Fourteenth Amendment applies the Sixth Amendment right to a trial by jury to the states. As a result, Louisiana violated Duncans Sixth Amendment right when the state refused to give him a proper jury trial. Justice White wrote: Our conclusion is that, in the American States, as in the federal judicial system, a general grant of jury trial for serious offenses is a fundamental right, essential for preventing miscarriages of justice and for assuring that fair trials are provided for all defendants.   The decision asserted that not every criminal offense is serious enough to require a jury trial under the Sixth and Fourteenth Amendments. The Court made it clear that petty offenses did not require a trial by jury, upholding the traditional common law practice of using a bench trial to adjudicate petty offenses. The Justices reasoned that there was no substantial evidence that the Framers of the Constitution aimed to ensure the right to a trial by jury for less serious charges. In order to separate a serious offense from a petty offense, the court looked to District of Columbia v. Clawans (1937). In that case, the court used objective criteria and focused on the existing laws and practices in federal courts to determine whether a petty offense required a jury trial. In Duncan v. Louisiana, the majority evaluated standards in the federal courts, state courts, and 18th-century American legal practices to determine that a crime punishable by up to two years in prison could not be called a petty offense. Dissenting Opinion Justice John Marshall Harlan dissented, joined by Justice Potter Stewart. The dissenters reasoned that states should be allowed to set their own jury trial standards, unimpeded by the Court but constitutionally fair. Justice Harlan encouraged the idea that the Fourteenth Amendment requires fairness through constitutionality rather than uniformity. States, he argued, should be allowed to individually conform their courtroom procedures to the Constitution. Impact Duncan v. Louisiana incorporated the right to a trial by jury under the Sixth Amendment, guaranteeing it as a fundamental right. Prior to this case, the application of jury trials in criminal cases differed across states. After Duncan, denying a jury trial for serious criminal charges with sentences of greater than six months would be unconstitutional. The use of jury trial waivers and civil court juries still varies between states. Sources Duncan v. Louisiana, 391 U.S. 145 (1968)District of Columbia v. Clawans, 300 U.S. 617 (1937).

Effect of Delayed Recall on Serial Position Effec

Effect Of Delayed Recall on Serial Position Effects By Paul Thevathayan ABSTRACT: The purpose of this experiment was to test whether a delay before recall would affect the serial position effect. The experiment was done by getting participants to take part in a simple tests; hearing words read out, then after they are read out, recalling them and writing them down. Two of these tests took place, one without a gap before recall, and one with. The results only partly supported previous research, with both tests showing a higher number of people remembering words at the start of the list, but unlike previous research findings, the last words of the list were not remembered†¦show more content†¦Figure 2- A graph showing percentage of people that successfully recalled each word in Test 1. The graph shows a defined spike in the beginning, however the words at the end do not seem much higher than that which is in the middle. DISCUSSION The hypothesis that in Experiment 1, words at the beginning and end of a list would be better remembered while in Experiment 2, words at the beginning would be better remembered, was partially rejected, while still being partially true. The hypothesis that a delay would in fact make a difference was supported. In both tests, words in the first third seemed to be remembered by significantly more of the participants. However despite the predictions, words in the last third of experiment 1 seemed to be not significantly more than words in the middle third. experiment2 did seem to fit with the hypothesis, as the words at the start seemed to be higher than the rest, but there was a absurdity on word 16, â€Å"ocean,† which was recalled 7 out of the 9 times. Apart from this, experiment 2 seemed to support the hypothesis. The results show that although the primacy effect was apparent in the results of both tests, the recency effect was not observed in Test 2(as predicted) and strangely not observable in Test 1 either. The reason for this may be the presence of uncontrolled external stimuli caused between the participants listening time andShow MoreRelatedMedicare Policy Analysis447966 Words   |  1792 Pages(A) in the case of a State in which a quali- 4 fied high-risk pool (as defined under section 5 2744(c)(2) of the Public Health Service Act) 6 was in effect as of July 1, 2009, the Secretary 7 shall require the State make a maintenance of 8 effort payment each year that the high-risk pool 9 is in effect equal to an amount not less than the 10 amount of all sources of funding for high-risk 11 pool coverage made by that State in the year 12 ending July

Commercialization of Health Care Good or Bad Free Essays

Commercialisation in health care basically means setting up private owned hospitals which in turn are the ones set on the business ethics of profit. But this does not mean that there is no proper treatment. Its true that the charges are more and in India where there are so many poor people cannot afford such high charges. We will write a custom essay sample on Commercialization of Health Care: Good or Bad? or any similar topic only for you Order Now The govt hospitals draw a lot of people as because the charges are reasonably low and has some fine experienced doctors and not only that these hospitals cover many rural parts too. But when we compare the facilities, hygenic conditions and hospitality then certainly private hospitals are ahead. People from round the globe are choosing India as there medical destination not because of above facilities mentioned but because they are chaeper than other commercialised hospitals across the world. For an instance, heart bypass surgery will cost around 6500$ in India whereas it will cost around 30000$ in the US. The thing is that in a country like ours where there are poor and rich people side by side, there should also be govt and commercialised hospitals sisde by side with the ultimate goal of proper treatment of patients. In a way good for people who are under the bracket of company insurance. But not effective for those who cannot afford basic medical treatment due to ever increasing costs. People below the poverty line cannot afford to go to a private doctor. Going to a private hospital is beyond their thoughts. How to cite Commercialization of Health Care: Good or Bad?, Papers

Day 26 free essay sample

Day26, the self-titled debut album from the winners of MTV’s hit TV show â€Å"Making the Band 4† is awesome! Since I love it so much, let’s go track by track. It starts off with â€Å"I’m the Reason,† an up-tempo track that features all 5 members of the group, Willie on the first verse and Robert on the second. The song is about the fact that when they take their girlfriends out to all of these great places, the girl would act as if she did this herself and not know that he did it for her. The next song is another up-tempo track and their debut single called â€Å"Got Me Going† and it’s about their feelings for a girl. The song was produced by Mario Winans, written by super producer Bryan Michael Cox and also features Diddy. The third song is called â€Å"In My Bed.† This is a mid-tempo song. We will write a custom essay sample on Day 26 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The chorus in the song features the guys telling their girl â€Å"Don’t Be Shy† and â€Å"We Got All Night.† The fourth song is entitled, â€Å"Silly Love†, it’s a mid-tempo song and they are telling their girlfriends that they’re â€Å"In a Daze† and â€Å"Blown Away† in the chorus. The fifth song is called â€Å"Come with me.† This mid-tempo song features all five members of the group and a fast-paced performance by Qwanell. The song is the basic, â€Å"meets-a-girl-at-a-club-and-you know-happens-next† kind of thing. The sixth mid-tempo, sort of live drums, track is called â€Å"Co-Star.† It again features all 5 members of the group and the song has them asking their girlfriends if they can be their co-star, what is in store for them, and telling them that they’re in â€Å"the right place, at the right time† in the chorus and hook.The seventh and one of my favorites on the entire album is ca lled â€Å"Come In,† (â€Å"My Door’s Open.†) This song was produced by â€Å"The Runners† and written by Mary Brown. The song is about how the guys see a girl in bad relationship, offer to help and ask why she’d â€Å"waste her time† in the bridge. The first verse is sung by Willie and the second verse sung by Robert, who, awesomely, reigns over the rest of the song with help from Brian, Willie and Mike! The eighth song is a Bryan Michael Cox produced track called â€Å"Are We in Together?† In the chorus, the whole group asks their girlfriends â€Å"Would They die for them† if they were â€Å"Locked Down, With No Money, Would They Hold It down for them?† This is a great song for any couple who want to move to the next level in their relationship. The ninth track is a slow, sensual song called â€Å"What It Feels Like,† featuring the entire group and a hot bridge delivered by Robert. The tenth, piano-based, track is called â€Å"Since You’ve Been Gone†. This is another basic â€Å"now-that-my-lover-has-left-me-part-of-my world-is-gone† song and the guys want to tell them that they miss them, they want to talk to them and that â€Å"they’ve changed.† The eleventh song is called â€Å"If It Wasn’t for you.† This song is about the guys telling their girls that â€Å"If It Wasn’t For† them, they’d be â€Å"Out on these streets, tryna find a way to make ends meat and would be â€Å"Serving time in prison in their own minds† in the chorus and they’d â€Å"Probably wouldn’t know what they know now and â€Å"Probably would be where they are now† in the bridge. The first verse is sung by Willie and the second is sung by Robert again. The entire group contributes once more. This is another great song to listen to if you’re a fan of Qwanell, who sings in falsetto near the end of the song where the group takes turns vocalizing! The final song (If you bought the album at â€Å"Wal-Mart† or â€Å"Target†) is another slow and sensual song called â€Å"Don’t Fight the Feeling.† This song only has Willie, Brian, Mike and Robert on vocals. Sorry Q fans! Willie sings the first verse; Mike sings the second, Robert sings the chorus/bridge and Brian ad-libs when the chorus is sung for the last time. Like I mentioned before, if you didn’t buy the album at â€Å"Wal-Mart† or â€Å"Target,† then that was the end of the review for you, but if you did, read this.: The first bonus track is called â€Å"Aint Going† and it’s a collaboration between Day26 and season 3 â€Å"MTB† winners Danity Kane! This song’s chorus has the two groups telling the listener that â€Å"This Aint Nothing like You’ve Heard Before† and this is their chance to â€Å"make you move.† The beat is up-tempo and it’s a reminder to that listener that they will be â€Å"Right There, Right There.† Last, but not least, the final bonus track is the first studio song that the â€Å"MTB4† winners made together! That’s right. Sing it with me ladies, â€Å"Don’t Wanna Play No Games, I want you ex†¦Ã¢â‚¬  I can’t hear you! Willie sings the first verse, Brian sings the hook the firsttime, Willie sings the second verse, Robert sings the hook, Brian and Q sing the bridge, Mike sing the hook and the chorus is sung twice while Q ad-libs!This is a great album. If you’re an â€Å"MTB4† fan or have a friend that is one ,I beg you to go buy it!. Trust me; it’s so good that I listen to it everyday. These boys can really blow; they’re not a group of 5 guys who use the auto-tune like T-Pain does! I have a feeling that they will be around for a very, very, VERY, long time.

Who Should Pay

Introduction Medicare should pay for the cost of the new cancer drugs. In this respect, the new healthcare act should ensure that cancer patients without health insurance also have a chance to access new cancer drugs. Through Medicare reimbursement policy, the government is to ensure proper management of the healthcare budget (Benson, 2001). Medicaid policies are integral in ensuring that healthcare policies are properly managed, and doctors do not inflate the cost of cancer drugs.Advertising We will write a custom term paper sample on Who Should Pay? specifically for you for only $16.05 $11/page Learn More Who should pay? Therefore, government initiatives through Medicare should play a critical role in subsidizing the cost of the new cancer drugs. Currently, people with medical insurance are accessing the new cancer drugs at a high cost. On the other hand, private healthcare insurers are discriminating against covering unemployed individuals. It is impo rtant to acknowledge that cancer is prevalent across the social ranks in the American society. Therefore, it would be ignorant not to allow the poor people an access to new cancer drugs. Current policies Medicare agrees to reimburse doctors on merits of drugs performance (Benson, 2001). It is important for Medicare to evaluate doctors’ role in drug pricing. This means that combined taskforce of members from drug manufacturers, doctors and Medicare officials should be included in determining the price and value of the new cancer drugs. In the mean time, generic cancer drugs should be made accessible to cancer patients, who cannot afford new cancer drugs. This will create a combined force between Medicare and private healthcare insurers in covering for cancer related expenditures. Medicaid role in preventing fraud in cancer drugs pricing should be initialized following the emergence of the new and expensive cancer drugs. A survey on health care spending in the year 2005 reveale d that pharmacists and doctors are susceptible to inflating the cost of healthcare (Catlin, Cowan, Heffler Washington, 2007). The aspect of corruption in healthcare is not alien in the United States. However, cost control initiatives can be used to ensure that healthcare budgeting within states is monitored closely. Reform on healthcare policies that focuses on diseases like cancer can be crucial in ensuring that every person benefits from new and effective drugs. This means that the government through Medicare and Medicaid can reduce its expenditure on some hospital services. There are healthcare services that can be supplemented by home care services. The improvising of home nursing and home care services can be critical in ensuring that a priority is shifted to cancer treatment. A need to have a consumer-directed approach in offering cancer treatment to patients is necessary. In this regard, the government through Medicaid should establish a standardized national format that ens ures hospitals charge-masters are not overrated (Reinhardt, 2006).Advertising Looking for term paper on health law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Therefore, cancer patients who do not have Medicare covered cannot be discriminated from exorbitant cancer drug costs. Moreover, the new standard national format on charge-masters should recommend all hospitals to make their charge-masters public. This will educate patients about healthcare policies and cost of healthcare. Government role The government role in ensuring that access to new drugs is not conducted with discrimination is imminent. In this respect, the government engagement with the non-profit community hospitals is critical in reducing hospital expenditures (Shi Singh, 2004). Non-profit community hospitals and their medical staff may not require reimbursement for services rendered (Shi Singh, 2004). This reduces healthcare cost, as well as increases the access of non insured cancer patients to new cancer drugs. Non-profit community hospitals are critical in offering discounts for health conditions like cancer. Nonetheless, the current pricing of cancer drugs is unreasonable and must be addressed immediately. In fact, some oncologists are already expressing their discomfort with American doctors’ decisions to increase the cost of cancer drugs (Berenson, 2005). In conclusion, Medicare should be paid for the cost of the new cancer drugs. All cancer patients have a right to receive the new cancer drugs irrespective of their healthcare insurance coverage. Therefore, the government should play a critical role in ensuring that Medicare, Medicaid, non-profit community hospitals and private health insurers help cancer patients in paying for new cancer drugs. References Benson, L. R. (2001). Reimbursing cancer care: Medicare policies challenged. Journal of the National Cancer Institute, 93(21), 1595-1597. Berenson, A. (2005). Cancer drugs offer ho pe, but at huge expense. The New York Times, A1-C3. Retrieved from https://www.nytimes.com/2005/07/12/business/cancer-drugs-offer-hope-butat-a-huge-expense.html Catlin, A., Cowan, C., Heffler, S., Washington, B. (2007). National health spending in 2005: the slowdown continues. Health Affairs, 26(1), 142-153.Advertising We will write a custom term paper sample on Who Should Pay? specifically for you for only $16.05 $11/page Learn More Reinhardt, U. E. (2006). The pricing of US hospital services: chaos behind a veil of secrecy. Health Affairs, 25(1), 57-69. Shi, L., Singh, D. A. (2004). Delivering health care in America. Burlington, Massachusetts: Jones Bartlett Publishers. This term paper on Who Should Pay? was written and submitted by user Renata Bridges to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Essay on world lit

Essay on world lit Essay on world lit John Doe IB HL 20th Century History Mr. Michel Scott Carter refused the students’ request of returning the Shah, who was in the U.S. for medical reasons, back to Iran (Dumbrell 7). Carter came into the White House with the same attitude on foreign policy as Jefferson, he called for a new American foreign policy, one that would â€Å"serve mankind† and â€Å"make his countrymen proud to be Americans (Hunt 185). Carter wanted to shy away from secret deals and covert operations that would hurt the nations integrity (Hunt 185) The president wanted to align the U.S. with â€Å"irresistible forces of liberty and progress everywhere† (Hunt 185). Carter was quick to blame worldwide problems on the Soviet Union (Hunt 185) Carter states in his inaugural address â€Å"Our commitment to human rights must be absolute† however his support of the shah contradicted his moral views (Hook 382). Once Jimmy Carter was elected he turned the focus of foreign policy from the Cold War to a more â€Å"cooperative posture emphasizing human rights† (Hook 47) Because of poor information about the crisis, the American government may never had a realistic plan of action (Hargrove 138) Carter never played a central role in the decision making process (Hayward 127). Carter asked the Shah to alter some human rights policies in Iran as some citizens felt like they weren’t always followed. The shah replied that he would only enforce Iranian laws as they are to combat communism (Carter 436). Carter and his advisors

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

Geography - Assignment Example The country I have chosen to discus is Estonia which is officially called the Republic of Estonia. Gulf of Finland borders it on the north, Baltic Sea lies on the west; it shares a border with Latvia on the south and to the east lies the Russian Federation. One of the primary centripetal forces acting on Estonia is the Estonian Language, which is very closely linked with Finnish and thus Estonians are Finnic people. Another centripetal force that acts on Estonia is Music; the Estonians have a tradition of â€Å"Estonian Song Festivals which emerged during that Estonian National Awakening in 1969. Presently, it is one of the largest amateur choral events world-over, and generally a choir comprises of about 18,000 people. Centripetal force acting on Estonia is the Estonian Constitution which guarantees absolute religious freedom, clear distinction between state and religion, the individual privacy in religious practices and affiliations. This leads for Estonia to have one of the highe st levels of irreligious individuals, the highest percentage is of religious followers is that of is Evangelical Lutheranism which has only 14.8% followers in the Estonian population. Estonia also possesses a very well-built information technology sector, it is also measured as the most â€Å"wired† and advanced country in the entire Europe in light of e-Government of Estonia. Estonia is expected to receive 3.4 billion Euros in the next few years which will be invested in the energy sector, economic and local development and welfare activities. The cultural indicators of language and music will also continue to bind the Estonian people, so I predict that these initiatives will boost the Estonian economy I the next ten years. The centrifugal forces acting on Estonia are in terms if their main industry and the impact they are having on the environment. Environmentally conscious individuals as well as the Estonian Government are very

Patient Workplace Nursing Human Resource Issue Essay

Patient Workplace Nursing Human Resource Issue - Essay Example All these issues impact one another and make up a rich dynamic that affects the way nursing care is given at present. They also impact the way planning for future care is done in hospitals and other institutions of care. There is a need to explore the literature to find answers, sort out the issues, and get to a more nuanced and deeper perspective of how such issues affect and feed off one another. Hopefully at the end of the exercise the literature will point the way towards possible solutions, or at least towards new and rich insights that can guide planning on the part of hospitals and other institutions, and the way nurses pursue career tracks in the different related disciplines. At the very least, the review of the literature hopefully brings us up to date with regard to what the state of those issues are, what the terrain looks like so to speak, and what major milestones and watermarks are present that nursing practitioners, health care managers, and all the other stakeholders in the process should be on the watch for, with regard to nursing staffing, turnover, career development, and related issues of vital interest. Moreover, the review of the literature ought to guide creative endeavors aimed at resolving key bottlenecks and main points of dispute and concern. The thinking is that an intelligent look at the literature ought to give practitioners and involved parties the right kinds of perspectives and tools without which creativity in the crafting of solutions to pressing human resource issues cannot be undertaken successfully (Ritchie et al., 2003; Vincent and Beduz, 2010; Doherty et al., n.d.; Sanford, 2010; Jones, 2008; Hunt, 2009). II. Review of the Literature There has been two sides to a debate that constitute the push and pull forces as far as nurse staffing and human resources management is concerned. On the one side are arguments that point to quality of care levels being correlated with the quality and number of nurses allocated for every pa tient in a health care setting. The greater the quality and the greater the number of nurses allocated on a per patient basis. On the other side are arguments that treat the issue of health care provision as a numbers/financials game. To be financially viable, nursing human resources must be treated as a financial variable, as a cost that must be managed. Of course as a cost, hospitals and other health care institutions being for the most part for profit operations, nursing staffing must be managed to optimal levels, rather than to the maximum, because the latter means suboptimal profits. The balancing act is with regard to providing optimum care via staffing of nurses that is also financially viable for the institution concerned (Ritchie et al., 2003; Vincent and Beduz, 2010; Doherty et al., n.d.; Sanford, 2010; Jones, 2008; Hunt, 2009). Yet the literature also states that the problem of staffing is not an easy one to tackle and solve, owing to the fact that there are a host of fac tors that impact hiring and staffing decisions. While it is known that staffing levels correlate positively with quality of care, aside from the financials there is the matter of the lack of qualified nurses to provide quality care. This is a problem of qualification. At any given time, though there are vacancies, not enough qualified nurses are available to man and fill up those vacant nurses' positions. This means that if a hospital, for instance, goes

Environmental Ethics Essay Example | Topics and Well Written Essays - 500 words - 1

Environmental Ethics - Essay Example The term â€Å"unconsciously† is used to describe how widespread information is to any individual, however acquisition and grasping of said knowledge only a few dares to achieve; thus creating confusions not only to those who fail to understand but also to those who are not ‘abled’ to think. Luckily for those incapable, humans’ actions directly affect them no matter how they evade it. A great illustration of which is how much humans value nature nowadays. Organizations after organizations spring up waving their missions and objectives, fighting for what should’ve obviously been done decades ago, and teaching what each individual should have known since they started school, namely, environmental awareness. Knowing what to do and knowing what should be done are two different things. The latter requires researching while the former calls for action. Change is what should be done, and in order for it to progress people need to start from themselves. Proper waste disposal and pollution are only two of the many environmental concerns haunting each household every day. These two are the most common for these two give birth to the others and they are caused by people’s lack of discipline. Humans are the main contributor of wastes and pollution universe-wide. Waste disposal and pollution are the most critical environmental issues that need to be dealt with because not only do these two bring about the rest; they also have the easiest solution --- change in human behavior. Bearing in mind how beneficial it is not only for each household but for the entire world; if only people will finally learn the value of their environment, will greatly affect how people view these concerns thus making them realize that taking care of the environment is for their own good. Anthropocentrism is the easiest way of making human being realize how big their part in our environment. Using this point of view, they will be able to see

Discrimination for Terrorism Offence Suspects

Discrimination for Terrorism Offence Suspects Title: â€Å"The case for discriminatory treatment of persons suspected of terrorism offences- a research study to test the adequacy of the current procedural safeguards that are in place in the UK to protect terror suspects from abuses of due process and breaches of human rights legislation. Abstract: This paper provides a literature review of the latest research which has been conducted in the UK on the due process rights of terror suspects, with a view to determining (i) how susceptible such suspects are, in practice, to abuse of their legal rights by the Police, Security Services and Criminal Justice System; and, (ii) to what extent it is justified to introduce a framework of enhanced procedural protection to mitigate their inherent vulnerabilities. The Structure of the Paper: In chapter 1 of this paper, the concept, legal basis and legal nature of due process will be examined. In particular, the author will examine the historical development of the legal principle, its nature as a procedural safeguard and its legal basis as a constitutional and/or human right. In chapter 2 of this paper, the author will examine the criminal justice mechanisms in place to deal with terror suspects, from initial arrest to criminal prosecution, with a view to determining the extent to which terror suspects are (potentially) more vulnerable to the risks of procedural undue process, within the criminal justice system, than non-terror suspects. In chapter 3 of this paper, the author will identify those risk factors which are unavoidable, such as the national security and other requirements for evidential opacity and those which are historically reported but which have no direct relationship with the nature of the crime being investigated. In chapter 4 of this paper, the author will critically evaluate the adequacy of the existing procedural safeguards which are in place to protect terror suspects from abuse of due process. In chapter 5 of this paper, the author will (tentatively) propose a framework of enhanced procedural safeguards specifically designed to protect terror suspects from abuses of due process. Initial Terminology: Terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence which pertains to terrorist activity. Non-terror suspect- A person who has been arrested on suspicion of being guilty of a criminal offence, unrelated to terrorism. Due process- Due process of law. Undue process- This phrase refers to an instance where due process has not been adhered to, i.e. an abuse of due process. In this chapter, the concept, legal basis and legal nature of due process will be examined. In particular, answers to the following questions will be provided: 1. What are the origins of due process in England and Wales? 2. What is due process? 3. What are the philosophical and/or theoretical justifications for the existence of due process? 4. What is the legal basis for the existence of due process? 5. Can due process be regarded as being constitutional, at law? Why is this question relevant to the current debate? 1. What are the origins of due process in England and Wales? It is beyond the scope of this paper to engage in an in-depth historical analysis of the development of the concept of due process. However, it is important that we glean an understanding of the age of the concept, so that we can appropriately contextualize its importance within the debates of this paper. For this reason, and out of interest, the author will provide a (very) brief summary of the origins of due process in England: In the United Kingdom, the concept of due process has its origins in Chapter 9 of the Magna Carta of 1215[1], which stated: No free man shall be taken or imprisoned or disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed, nor will we go upon him nor send upon him, except by the lawful judgement of his peers or by the law of the land. Analysts have fucussed on varying elements of this passage from which to derive the concept of due process. Galligan (2006) p171 provides a useful summary of the main analyses: â€Å"The important part is the exception, especially the words by the law of the land (legem terrae). On first reading it might seem that the significant words are judgement of his peers, since they suggest a foundation for trial by jury. Jury trials, however are a long way into the future and have different origins. The more likely meaning of the expression judgement of his peers is the right of a noble to be judged by his equals, which in turn carries some suggestion of a fair trial. This certainly has procedural connotations, but the search for a fuller sense of due process is usually directed at the words the law of the land That idea is vague enough to support different meanings, and certainly it is not improbable to suggest, as some have, that it contains at least the kernel of due process.† It is interesting to note that the phrase due process or, more correctly stated, due process of law, was not coined until 1354, in King Edward III of Englands statutory rendition of the Magna Carta[2], which stated: No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.[3] Let us now turn to consider what is mean by due process of the law. 2. What is due process? In the United Kingdom, due process refers to the procedural concept that any person, who is in a position where one or more of his or her protected interests are being deprived[4], is entitled to be treated fairly by the procedure of the law to ensure that the deprivation in question is justified. There are six broad aspects of procedural due process which are often cited: (1) Notice; (2) Hearing; (3) Impartiality; (4) Counsel; (5) Evidence; and, (6) Decision. Let us discuss each of these procedural requirements in turn: (1) Notice Under procedural due process, an individual is entitled to be given adequate notice of any prospective criminal law proceedings in which he or she will be summoned as a defendant. This is to give the defendant sufficient time to seek advice in regard to his or her available legal options. (2) Hearing Under this aspect of procedural due fairness, before the property or the liberty of an individual is deprived from him or her, he or she is entitled to demand a hearing at which his or her case will be heard and a decision reached in regard to whether the prospective deprivation is justified. Galligan (1996) p349-350 provides a succinct description of the main virtues of upholding the hearing principle: [A] virtue of the hearing principle is that it contributes to better decisions and actions, better that is, in the sense that the facts are decided accurately, the law applied properly, and any discretionary judgements reasonably made. This is so for a number of reasons. One is that the person whose situation is under scrutiny, whose past actions or present circumstances are in issue, will often be able to provide information about the situation which is not otherwise easily available Another reason is that the person affected by a decision may be able to raise other considerations, a part from purely factual matters, which help to shape the decision and perhaps, in that way, contribute to a better outcome. (3) Impartiality This aspect of procedural due process states that the tribunal of decision-makers in a legal hearing must be made up of persons who are wholly impartial towards the defendant, i.e. they must not have any predispositions towards the defendant. The purpose of this procedural requirement is to ensure that any decisions reached by a hearing tribunal are based upon the facts at hand rather than any extraneous and/or irrelevant considerations. Where for example, a decision-maker has had previous personal or business dealings with the defendant, then he or she should, in the interests of procedural due process, resign himself from the hearing of that defendants case, as he cannot be considered impartial. There are many other examples of circumstances under which a decision-maker might not be deemed impartial, but the general rule is that the impartiality of a decision-maker who is pre-disposed towards a defendant prior to the criminal hearing being held must be considered compromised. (4) Counsel Under the doctrine of procedural due process, a defendant is entitled to be given free access to legal representation if he or she is unable to afford or unwilling to provide his or her own representation. The rationale for this aspect of procedural due process is self-evident: It would be grossly unfair to allow a defendants property or liberty to be deprived from him or her without being able to present his or her defence in its best light and most effective legal form- without legal representation it is likely that a defendant will be unable to meet this requirement of fairness. (5) Evidence In order to ensure that a defendant is able to present the most effective case at a criminal hearing, it is not only imperative that he or she has access to all of the evidence that the prosecution will be seeking to rely upon but also imperative that he or she or his or her legal representatives are given an opportunity to conduct their own investigations to acquire evidence which will assist the case for the defence. For one example, a defendant may wish to instruct the services of an expert witness to refute the accuracy of DNA tests which were conducted by the police on behalf of the prosecuting authority. An eloquent summary of this procedural requirement has been provided by the Pennsylvania General Assembly (2006) p45: Especially in cases where a decision rests on questions of fact, it may be necessary to provide an individual not only with the ability to confront and cross-examine adverse witnesses, but also the opportunity for discovery, i.e., investigation and accumulating evidence, in order to give him or her a chance to show that the facts upon which the proposed deprivation is based are untrue. (6) Decision This aspect of procedural due process demands that upon reaching a decision which adversely affects a defendant, for example a decision depriving him or her of his or her property and/or liberty, the decision-making body must not only provide the reasoning for their decision (the ratio descendi) but must identify which pieces of evidence they relied upon to reach their final conclusions. 3. What are the philosophical and/or theoretical justifications for the existence of due process? The importance of the existence of consistent procedures to any legal system cannot be underestimated. As Galligan (1996) p5 notes: Without procedures, law and legal institutions would fail in their purposes. And since law is both necessary and desirable in achieving social goals, procedures are also necessary and must be seen as equal partners in that enterprise. For whatever the context, whether the judicial trial, the administrative decision, or any other form of legal process, procedures are necessary to ensure that the issue is channelled to its right conclusion. Whether the object is to apply a legal standard to the facts, to exercise discretion according to the correct matters, or to settle a dispute by bringing the parties together, procedures have a vital part to play. Let us explore some of these contentions in more detail. One of the fundamental theoretical bases for the insistence of maintaining due process within a legal system is the ‘Rule of Law’. While it is beyond the scope of this paper to engage with the multitude of different definitions and propositions which have been promulgated under the umbrella of this phrase, it should be noted that one of the basic (and universal) tenets of the Rule of Law is that individual freedoms and liberties should be protected from the State’s abuse of its constitutional powers. As Urabe (1990) p61 notes: â€Å"[T]he core of the Rule of Law, which has been supported consistently as a fundamental principle of the English and American constitutions, is that governmental power be bound strictly by law in order to protect individual freedom or liberty. The law exists to protect individual rights and liberties both in substance and procedure.† Lon Fuller’s understanding of the Rule of Law provides some further insight into the theoretical justifications for due process. As Raitio (1003) p143 notes: â€Å"Fuller required that laws should be prospective in application, they should be published and they should comprise clear general rules, which are neither too individualized nor too general and vague. There should be reasonable constancy and consistency among laws, i.e. laws should not be changing all the time, they must not contradict each other and they must not require citizen’s to do the impossible. The conduct of legal officials has to be congruent with the laws, as laid down, which in turn requires that the officials owe the same respect to the same laws as the citizens.[5]† On this basis, one of the fundamental justifications for the existence of due process is to ensure legal certainty in the way that the procedure of the law is applied and followed. By ensuring that procedure remains consistent, not only can individuals be more certain that they are receiving a fair trial, for example, but they will be more aware when their rights are being infringed, and can take the necessary remedial actions, accordingly. Before we move on to examine the various legal bases for modern due process, a few words should be said about the concept of ‘fairness’ and why it is important to ensure that the law is applied via fair procedures. While the answer to this question cannot seem anything other than intuitive, it is nevertheless important to break the question down and answer it from a jurisprudential point of view- after all, if we cannot support this fundamental assumption through reason and logic, then it will be difficult later in this paper to support the introduction of a discriminatory framework of enhanced legal protection for terror suspects on the basis that the current regime is, in places, ‘unfair’. Embedded within the concept of fairness is the concept of justice. It is beyond the scope of this paper to engage with the full range of conceptualizations of ‘justice’ that have been promoted by the various authors in this field. However, it should be noted that present in every conceptualization of justice are the concepts of ‘guilty’ and ‘not-guilty’, and it is with these concepts that this author would like now to engage. As we have seen throughout this section, one of the main aims of due process is to ensure that an individual who’s property or liberty is under threat (as a result of legal action being brought against him), is able to have access to all the resources he requires to be able to present his defence to a fair and impartial tribunal, who will make a decision based upon the evidence presented and the relevant applicable laws. One might be forgiven for thinking that the only aim of due process in this context is to protect the individual. However, this is not the case: It is in the interests of society as a whole, and citizens as a collective, that justice be achieved in each and every case. If the law is seen as being applied within a forum which is unjust, then citizens (as a group) will lose respect for the law, and may engage in criminal activities which otherwise they may have desisted from. In order to maintain the public respect for the law, it is important that public scandals involving abuses of due process are kept to a minimum, and the best way to avoid such scandals is to try and ensure that instances of such abuse are kept to a minimum[6]. In light of the fact that property and liberty are held as being of such high value within our society, it is also important to ensure that these are only taken away from a defendant where there is no reasonable doubt that the criminal justice system is justified in so depriving that person. As Sir William Blackstone famously stated in 1765: â€Å"It is better to let ten guilty men go free than to punish one innocent man†. It is for this reason that the burden of proof in criminal law proceedings has been set so high, and also why the principle of homo praesumitur bonus donec probetur malus[7] has been referred to as the ‘golden thread’ of the criminal law: â€Å"Throughout the web of the English criminal l aw one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoners guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.[8]† Stevens (2006) summarizes this debate and the benefits of the current position in the following terms: â€Å"Which is fairer, (a) a system of rules so strict that even a few innocent people get unfairly punished; or, (b) a system not so strict that even a few guilty people go unfairly unpunished? Due process of law holds that the second answer is more correct, for many reasons. On a practical level, theres less of a danger to the whole legal system. If your system is convicting a few innocent, chances are its railroading many of the guilty, so youve got two problems on your hands those who are falsely imprisoned and those who have a stronger habeas corpus claim. If your system is letting a few guilty slip through, chances are that those lucky evil-doers might change their ways, or in any case, law enforcement or informal methods of social control can pick up the slack.† While this argument has instant intuitive appeal, it must be noted that the enquiries involved in reaching, for example, Blackstone’s ratio, require no investigation into the nature of the crimes that the ‘guilty’ have been unfairly acquitted of. If, for example, the 10 criminals are guilty of conspiracy to commit mass genocide and also possess deep faith-based motivations which are unlikely to be quashed by a ‘lucky escape’, then is it really justifiable to acquit these criminals in favour of protecting the property and/or liberty of one innocent person? This debate strikes at the very heart of the matter with which this paper is primarily concerned; namely, whether or not it is fair to allow the due process rights of terror suspects to be abused and whether or not special measures ought to be introduced to protect these individuals, who (it must be remembered) have yet to be found guilty by a fair and impartial Court of law of any criminal law offen ces. Let us reserve judgement on these difficult questions until later in this paper, when we have had a chance to fully examine the risks that terror suspects face at the hands of the State, and the risks that the State potentially faces at the hands of terror suspects. 4. What is the legal basis for the existence of due process? The legal sources for procedural due process are various. Some are specific, in that they prescribe a certain procedure to be applied within a certain set of circumstances[9]; and, some are general, in that they provide what might be described as broad yet fundamental human rights. Let us commence with an examination of one of the most commonly cited legal sources for a general right to due process; namely, Article 6 of the European Convention on Human Rights, as enshrined into UK law by the Human Rights Act 1998. Article 6 of the European Convention on Human Rights purports to provide the human right to a ‘fair trial’. In order to understand the scope and limits of this right, let us commence with an examination of the wording of this Article. Article 6 states: â€Å"1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.† The words and phrases which have been highlighted above represent those elements of Article 6 which provide a legal basis for one or more aspects of procedural due process. The majority of these have been discussed in detail earlier in this Chapter: For example, the right to notice[10], the right to a hearing[11], the right to an impartial tribunal[12], the right to counsel[13], the right to examine the evidence against him and perform his own investigations[14], the right to hear the ratio descendi of the decision handed down against him[15] and the right to enjoy the benefits of the doctrine of homo praesumitur bonus donec probetur malus[16]. As we can see, Article 6 provides a general legal basis for each of the aspects of procedural due process which we have identified earlier in this paper. That having been said, this is not the only legal source which provides such a basis. For example, many provisions of the Police and Criminal Evidence Act 1984 provide similar rules of due process[17]. It should also be noted that there are common law sources for some of the rights of due process. For example, there is a common law right to silence which is derived from the principle of homo praesumitur bonus donec probetur malus if a person is innocent until proven guilty and there is insufficient evidence to satisfy the criminal law burden of proof requirements, then it is unacceptable to insist that a defendant incriminates himself or faces a criminal law penalty. This right still exists in English common law, but has been somewhat compromised by the enactment of the Criminal Justice and Public Order Act 1994 which now allows prosecutors to infer meaning from a defendant’s silence. This legal development has been heavily criticized by authors such as Hammerton (2001), who notes: â€Å"An innocent defendant may fail to answer questions in custody or refuse to testify in court for all sorts of reasons. They may regard the police as corrupt and that answering the questions would give the police information that can be used against them. They may believe that if they answer the questions, they or someone they care about might be put in danger from the people who did commit the crime. In short drawing inferences from a defendants silence in custody or in court involves speculation on the motives behind their silence, not solid reasoning that their silence indicates guilt.† 5. Can due process be regarded as being constitutional, at law? The reason that this enquiry has been included within this chapter is to determine to what extent it is legally valid to allow due process to be circumvented via legislation. After all, if it is possible to argue that due process is a fundamental constitutional right, then unless the legislation which provides the legal basis for that right is repealed or modified, then it may be possible to argue that any conflicting non-constitutional legislative provisions are unenforceable. As we have seen in the preceding section of this chapter, one of the legal bases for the right for criminal suspects to enjoy ‘due process’ is Article 6 of the European Convention on Human Rights. This article has been incorporated into UK law by the Human Rights Act 1998. Section 3(1) of this Act states: (1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.† Therefore, where a piece of legislation purports to allow a criminal suspect/defendant’s due process rights to be circumvented or abused, if a Court of law is able to reinterpret that legislation in a way which does not lead to the infringement of that right, then it must do so[18]. However, where that legislation cannot be so reinterpreted, the only remedy available to a Court of Law is the ability to be able to issue a ‘declaration of incompatibility’ under section 4 of the 1998 Act which states, inter alia: â€Å"(2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility (4) If the court is satisfied— (a) that the provision is incompatible with a Convention right, and (b) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility† However, this remedy is really a wolf in sheep’s clothing, because section 4(6) of the Human Rights Act 1998 makes it very clear that â€Å"a declaration of incompatibility (a) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and (b) is not binding on the parties to the proceedings in which it is made.† This means that a criminal defendant who has had his due process rights abused by the state, in pursuance of legislation which purports to allow that particular abuse, has no form of redress in the domestic Courts, because even if a declaration of incompatibility is granted, it ‘does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given [and, it] is not binding on the parties to the proceedings in which it is made’. Additionally, a declaration of incompatibility does not place any pressing duty on the Government to re-write the offending legislative provision, so such a declaration will not even ensure that the abuse in question is not repeated in regard to other criminal suspects/ defendants. That having been said the Legislative is usually prompt at remedying legislative provisions which have been declared incompatible. For example in the case of R (on the application of H) v Mental Health Review Tribunal for the North and East London Region The Secretary of the State for Health CA [March 2001] EWCA Civ 415 it was held that section 2 of the Mental Health Act 1983 is incompatible with Article 5(4) of the European Convention on Human Rights because it does not require a Mental Health Review Tribunal to discharge a patient where it could not be proven that the detainees mental health warranted detention. The offending provision was repealed in November of that same year by enacting the Mental He alth Act 1983 (Remedial Order) 2001. In regard to those legal sources discussed earlier which also provide for certain due process rights, because these sources are not contained within the Human Rights Act, but rather within the common law and primary non-constitutional legislation, these can be repealed or supplanted by the enactment of contrary primary legislation. N.B. On a separate note: It will be remembered, the controversy which was caused in the United Kingdom when it was discovered that terror suspects were being held without charge in Belmarsh Prison for periods of up to 3 years[19]. The legal basis for holding prisoners in this way was provided by section 23 of the Anti-terrorism, Crime and Security Act 2001. However, in 2005[20], this section of legislation was held to be incompatible with Article 5 of the Human Rights Act 1998 and the European Convention on Human Rights[21]. These prisoners were subsequently released, their detentions being replaced with Control Orders. In light of the fact that terror suspects no longer face a significant threat from section 23 of the Anti-terrorism, Crime and Security Act 2001, the author of this paper has decided to exclude all further discussion of this source of abuse of due process. While there remains an argument that the imposition of Control Orders on terror suspects also infringe their Arti cle 5 human rights, the author has chosen to exclude discussion of this debate from this paper as this paper is more concerned with abuses of due process suffered while being detained, both pre- and post-charge. In this chapter, we will perform a structures literature review in order to glean a deeper insight into the way that terror suspects in the UK are actually treated by the criminal justice system. From our secondary analysis of case studies, interviews and anecdotal evidence, we will seek to provide an answer to the following question: To what extent are terror suspects more vulnerable to the risk of procedural undue process, within the criminal justice system, than non-terror suspects. In this Chapter we will refrain from engaging with an analysis of the framework of provisions which have been introduced, primarily under the Terrorism Act 2000, to protect terror suspects from abuses of due process. While this analysis is very important, at this stage, such an analysis would only be able to reveal whether or not the current fram

Essay --

Can political parties adequately perform their functions within the British political system now that their memberships are so small? Within the British political system, there are three dominant political parties, Labour, Conservatives and Liberal Democrats. These political parties have become a vital part in carrying out the main functions of government. There are several factors, which can hinder political parties from performing their functions adequately. In this essay I will be focusing on the recent decline in party membership and the effects it has had on each of the functions. I will be discussing why they don’t perform their functions as well because the decline in party membership (finish this off) The division created between Britain’s major political parties and the electorate in recent years has been enormous. An indication of this is seen at the turn out of elections. In ‘2005, only 61.5% of voters cast their votes. This was the second worst turn out since 1918.’ People don’t associate themselves with political parties as much as they used to a few years ago. It seems as though the decline in turnout is due political parties themselves. Citizens should be encouraged by parties to get involved with politics. There are other factors, which initiate people to vote such as the sociological characters; class, religion and gender. However, it should be the parties that should address these issues in the first place. If particular political parties speak of an issue, which reflects the ideology of many, people are more likely interested and are more likely to participate and vote. However, because voters look at the ideologies of parties and if parties do not represent their ideologies, they are likely not to vote. Thi... ...r peers. You have a prime minister who gets to appoint bishops of a creed he does not believe in or even respect. I could go on and on, but suffice to say, whatever conditions kept the U.K. floating no longer exist. Quite why a priest should think that declining political party memberships is a bad thing though I have no idea. I suppose being a U.K. resident, there is confusion in thinking that the state and the Church have the same ends. If anything we should be happy that people - freed from party affiliation - will be more eager to the Gospel of the Church. Sadly, however, decreased party affiliation has come with an all-encompassing state, and it's hard to see how we'll penetrate the wall of misinformation that all 3 major parties have managed to create through control of the school system, public broadcasters, and a multitude of publicly-funded lobbying groups.

I Can See Clearly Now Essay

Flannery O’Conner argued that â€Å"[Distortion] is the only way to make people see†. This famous statement is initially contradictory and incongruous, but in Joseph Heller’s Catch-22 it is easy to see the truth of this paradox. The pages of Catch-22 are lined with distortion and each instance provides for a new kind of clarity. Catch-22 is simply a war story illustrated by ridiculous behavior and illogical arguments and told in a flatly satirical tone. Though the book never states outright that matters are funny, the reader is always aware of how outrageously bizarre the characters and situations are. Heller uses out of sequence narration, a confused distinction between appearance and reality, and the irrationally logical paranoia of characters to create his corrupt military world. Distortion is found first in the very organization of the novel. Many events are out of sequence and Heller discusses events as if readers were already aware of their details, though merely mentioning them for the first time. Often times Heller references events multiple times before one ever reads about it in it’s entirety. For example, the death of Snowden is slowly explained throughout the book. The death is first referred to early on in chapter four when Yossarian asks, â€Å"Where are the Snowdens†¦Ã¢â‚¬ (Heller 35) at an educational meeting. This question is asked without context and the reader is unsure of what a Snowden is, let alone how it died. By creating this dialogue without context, Heller leaves readers to question the seemly incoherent question and the idea of Snowdens is planted in their brains. The death is mentioned in chapters five and seventeen and though more information is provided each time, the reader does not fully understand what took place until chapter 30 when the details and context of Snowden’s death are given. At first, this way of structural organization creates some confusion for readers but as they continue on a greater focus and understanding of an event such as Snowden’s death is found. Snowden’s death is an incredibly critical event for Yossarian because he not only loses his friend in the airplane; he loses his will to fight. With Snowden lying dead in his arms, the truth of war becomes even more frightening and real and Yossarian becomes truly paranoid. Without the focus that the scattered and repeated storyline of Snowden provides, one may not have been able to grasp its true significance. Often times Catch-22 is characterized by a very loose grip on reality. The line between what is apparent and what is real is continually indistinguishable, even to readers. One aspect that contributes greatly to this effect is the distortion of justice and the military technicalities. In the military world created by Heller, what is written on paper is what is true, even if it can be defied by reality. Throughout much of the book, Yossarian is found complaining that there is a â€Å"dead man†(24) in his tent. When the concept of the dead man is first introduced, the readers are led to believe that there is an actual dead soldier sitting in Yossarian’s tent, which the military refuses to remove. However, later clarification shows that is not the case at all, but rather, after setting his luggage down, the soldier was killed in the air before he even got the chance to sign in. The grim irony of the situation is that according to the appearance based logic of the military, it is as if the man was never there at all, and his things can therefore not be processed. Another example of such distorted reality is found in McWatt’s plane crash. Doc Daneeka had lied about flying with McWatt, due to his fear of flying, but the documents had it that Daneeka died in the plane crash (338). Everyone can visibly see that Doc Daneeka is alive, in the flesh, and yet he is reported as â€Å"killed in action†(344), and Daneeka is treated like he is dead for the remainder of the novel. The reality of the military has been so contorted that they are more willing to accept the truth they read than the truth they can see. This confusion between appearance and reality demonstrates the deteriorated state of the military government and forces readers to give a greater attention to the details of such storyline. A third kind of distortion are the irrational and paranoid statements and thoughts of the book’s protagonist, Yossarian. Though Yossarian likely entered the army a sane man, he apparently loses his grip on reality as he watches his friends die in the war surrounding him. Yossarian is often referred to as â€Å"crazy†(20) and yet there is irony in the fact that every paranoid thought he has is true. Yossarian has a sole goal through the duration of the book: staying alive. He goes up into the sky and finds airplanes shooting at him from all directions, and so he goes as far as to see himself as a potential murder victim. â€Å"They’re trying to kill me†(16), he argues to a fellow cadet. Though the other cadet insists that â€Å"they† are simply partaking in a war, Yossarian’s paranoia illustrates a sky full of strangers who want him dead. Though Yossarian’s thoughts are irrational, they also prove to be somewhat reasonable. The truth is, every time Yossarian goes on a mission his life is in grave danger, and people are trying to kill him. Though his thought process is distorted by fear, this fear is in turn what proves his sanity. Catch-22 is not a book that can be rightfully summarized. It is not the remarkability of the plot but rather the distinct form of literary distortion that makes it such a classic. This novel illustrates the corruption of wartime and a particular squadron, but in end, it illustrates much more then that. The book uses often-comic distortions of structure, reality, and mind to give readers a profound sense of universal flaws and truths.

To Be or Not to Be A Greenhorn †History Essay

To Be or Not to Be A Greenhorn – History Essay Free Online Research Papers To Be or Not to Be A Greenhorn History Essay Throughout history, the concept of Americanization has been studied in order to better understand the effects of a mass culture on immigrants. On one side stands the view of an immigrant engulfed in American ideology who leaves behind his past. He conforms to this new individualism and now is able to move upward on the economic ladder. On the opposite end of defining Americanization is the unscathed immigrant who maintains his old word traditions and institutions to emerge victoriously despite unfavorable conditions. His ethnicity solidifies his success by creating affinity bonds and social patterns to aid in the struggle for a decent life. Though both these views are extreme, they both contain significant aspects which form a more accurate perspective of how immigrants assimilated into the â€Å"emerging industrial and consumer society† (Ewen, 15). These immigrants did not give up their nationality completely, even as they adopted American ideals in order to survive within the new but unfamiliar consumer culture. This cultural coalescence brought about major changes, which women had most of the burden of assimilating during the 19th century. The unrelenting and brave women described by Ewen i n â€Å"Immigrant Women in the Land of Dollars† demonstrated an amazing ability to retain many of their traditions while still accommodating American ideals and culture in their social events, employment, and home life. For many immigrant families, social events were the only way to escape the humdrum of daily living, even though to the American many of these activities would seem restrictive or a barrier to the betterment of immigrant life. The struggle and isolation were forgotten for a moment as â€Å"new immigrants found ways to maintain culture and create community† (Ewen, 226). As many Americans looked on with disapproval, there still arose a clash between parents who wanted to preserve the traditions of the old country while the younger generation wanted desperately to assimilate. This division appeared in issues such as love and marriage, dress, and social behavior. Even as different views developed between the older and younger generation, many social events remained traditional with the ideals that were common in the Old Country. There were many kinds of recreation, however, that involved the whole family and were enjoyed by both Italian and Jewish families (Ewen, 214). For example, immigrant weddings were an important part of social life unlike the trend of elopement in American marriages (Ewen 235). According to Ewen, â€Å"weddings were large, festive affairs in which the ties between the couple, the two families and the larger community were sanctified† (235). Since weddings in America were much more expensive, many Italian and Jewish daughters and mothers went without paying for food, rent, or other pleasures in order to fund a wedding. Many went into debt as well, but they found it â€Å"worth the sacrifice† (Ewen, 237). This attitude permeated other social events such as christenings, bar mitzvahs, holidays, and funerals. Due to industrialization, factory work was a major component that divided an immigrant mother’s homebound life from a daughter’s new social and economic ideals of the outside world. Though many American social workers believed that new practices and consumer standards would transform an immigrant’s home life, the actuality and comprehension of the work was fairly dissimilar from the immigrant. Immigrant daughters who did work outside of the home, usually in factories, did so to supplement the family’s inadequate income. Though many mothers demanded unopened pay envelopes from all their children, many daughters tried to exert control of their own wages by demanding an allowance, paying board instead of overturning their whole pay, or moving out on their own completely. One day in an immigrant’s home would be sufficient to convince anyone of the cooperation and discipline that women use to run their household. Extensive housework was required and daughters often went through rigorous training in sewing, cooking, and spinning- â€Å"the skills of life† (Ewen, 32). Girls became proficient in these skills before they became teenagers and learned to be self-sufficient and sacrificial. Women were also in charge of family fiscal affairs where all income from husband and children was given to the mother. Also, usually with Jews, the women did the work of â€Å"domestic religion† (Ewen, 41). These rules were handed down from generation to generation to ensure the proper methods for religious rituals. Housework was divided between the females of the household in order to maintain a more demanding home in America. These homes needed more â€Å"care than in Europe, in part because the evolution of new standards of living and new hous ehold acquisitions made house work more complex† (Ewen 149). Laundry had to be done more than once a month and native cooking in a new environment was difficult. Tenement housing did not ease the burden as well with its inadequate provisions. Hence it was difficult for immigrant families to meet new American standards of â€Å"clean and different clothing every day† with a daily bath (Ewen, 155). â€Å"Nevertheless, despite the small cramped quarters and the endless fight against dirt and grime, immigrant women kept their houses clean (Ewen, 156).† Even against unsanitary and grimy conditions, immigrant mothers instilled in their daughters the value of an orderly and pleasant house. Despite the desperate attempts to Americanize immigrants, the first and second generations did not let go of all of their traditional ideals and beliefs. Even so, they did not continue unscathed by the process. However, these ideals from the Old Country helped them â€Å"meet the challenge† (Ewen, 266). This culture became a mutual protection for immigrants against the scarcity and struggle of tenement life. It also provided a bond for the community and was the foundation for their survival. As the years passed, immigrants eventually succumbed to American ideals, but they have not totally given up their culture now that they are considered Americans. Even so, one can look back on this period and see the significant struggle that women had between customary ideas and the assurance of modernity. Research Papers on To Be or Not to Be A Greenhorn - History EssayThe Effects of Illegal Immigration19 Century Society: A Deeply Divided EraAssess the importance of Nationalism 1815-1850 EuropeNever Been Kicked Out of a Place This NiceInfluences of Socio-Economic Status of Married MalesHip-Hop is ArtEffects of Television Violence on ChildrenRelationship between Media Coverage and Social andWhere Wild and West MeetThe Relationship Between Delinquency and Drug Use

The Pen is Mightier Than the Sword

The Pen is Mightier Than the Sword The Pen is Mightier Than the SwordYou have probably got a pen in your drawer at home, at work, your car, and maybe in your shirt pocket. The humble pen looks harmless enough, but you may not know the dark secret it keeps from us. The pen through which we write words is surely mightier than the sword. The pen looks like a small ordinary thing. It is also not very costly and it does not have much weight too. Apparently, its structure is also not impressive in its built, but it has great strength and power. The holder of pen is always knowledgeable and learned man. He succeeds everywhere and his orders are obeyed. If the weapon of a warrior is a sword, the weapon of a learned and a commanding authority is the pen. Who so ever held the pen he would get the respect, wealth and fame, and he who left it, would become ineffective, unsuccessful and futile.Cardinal RichelieuHistory has proved that the pen is mightier. All philosophers, doctors, educated and wise men, scientists, poets, writers and engineers got their repute due to the pen. Their names are still alive today only on account of their books, theories, laws and their written works left behind them. Had they not held the pen in their hand, they would not have had education and ultimately their names would have been buried with them in the grave and remained unknown in oblivion.The progress of sciences, evolution, and advancement of the world at large, all is indebted to the pen only. The man invented electricity, ships, Aeroplane, radio and television. He is now commanding seas, mountain, rivers, air, water, fire, the Sun the Moon and the Earth. He is willing to go beyond the moon. The man had...

Rise and Fall of Enron Research Paper Example | Topics and Well Written Essays - 1500 words

Rise and Fall of Enron - Research Paper Example Enron was an energy company that had the marketing of electricity and natural gas as its main activities.  Its’ revenues in 2000 were (supposedly) of $ 100 billion and the market value of the company exceeded $ 60 billion, which meant 70 times earnings and six times book value (Thomas, pp.41).  The company benefited from the deregulation of the energy market, facilitated by the company's own lobby in donations to political campaigns, but without the use of accounting gimmicks and management practices suspicions never had reached this level. Enron collapsed taking along with itself pension funds of its employees and other investors in the same category, a shortfall of at least $ 1.5 billion and dragging a debt of more than $ 13 billion.  For years, the company's directors maligned balance sheets, wiped the losses and inflated profits.  The magic book worked until the end of 2001.  Enron is the product of stunning deregulation of the energy sector.  It was a success and everyone wanted to invest in its actions as it was an excellent company with a higher rate of return, their investment valued up every month, even in times of crisis. The stock prices fell from a record high of $90 in 2000 to $0.60 at the end of 2001, after the scandal was revealed (Bratton, pp.1275). Trade operations of the company were based on complex financial transactions, most referring to businesses that would occur several years later, a practice that inflated their profits.  Operators placed the value of the company's shares way high, suggesting that before these future actions would even appreciate, without having to justify the markdown price, was the mark-to-market. Mark-to-market means considering a company’s assets so highly valued that it is possible to liquidate them at any time by the current market price.  The actions came to be worth about $ 85, behind the scenes; however, the company could only lose on failed projects internet and plants that never operated in India (Thomas, pp.50).   There is evidence that senior company executives were also involved in the fraud, as well as major banks.   The Securities and Exchange Commission initiated an investigation.  Enron was forced to redo their balance sheets for the last five years and admit that its profit in the period was $ 600 million lower than originally reported (Thomas, pp.44).   Auditors Fabricating the Facts The company’s auditor was Arthur Andersen, one of the key executives of the company, which contributed to concealing the scam, while, manipulating the revenue recognition principles.  Since being involved with the collapse of Enron, Andersen lost many prestigious clients. The company's employees took damage by losing their jobs; their savings in most cases were invested in Enron stock (Thomas, pp.46).  The tragic end of Enron shook the confidence of the American financial system.  According to the lawsuit filed by former shareholders, Enron hid th e injury and decreasing profits with the connivance of accounting firm, Arthur Andersen auditor (Healy & Palepu, pp.12).  Former Enron auditor approved fraudulent accounting practices and illegal schemes adopted to hide losses and then destroyed the evidence of the crime.   Involvement of White House   Enron was regarded as an innovator, admired (elected between 1996 and 2001 as one of the most admired companies according to  Fortune  magazine) and dynamic, and Kenneth Lay was a celebrity worlds of business (something that is not seen much in the post

Fund an exploration program for a Search for Life Term Paper

Fund an exploration program for a Search for Life - Term Paper Example ehab Inc., NASDAQ: ASTC) is an example of a small, publicly traded company involved in the business of space exploration, mission supplies, research and development of space exploration technologies. One of the greatest successes of supra-national cooperation in space exploration is the International Space Station (ISS), built and developed in coordination with advanced scientific teams from over 15 different nations. (NASA, 1998) In order to develop and plan for the search for life in our solar system, as well as to fund this search through private investment that is sustainable and profitable for shareholders over time, a private company should be formed that seeks to replicate the facilities, research, and success of the International Space Station in orbital locations across the solar system. The company should also engage in the production of â€Å"interplanetary gliders† powered by solar sails and ion drives that are able to travel through the low gravity environments be tween the planets. By establishing orbital communities around the other planets in our solar system, as well as the moons of these planets, the company can used already known and developed technologies to innovate and make the current plans more efficient, that human colonies can be established around the solar system to be dedicated to the search for life on other planets and moons. Due to the benefits of specialization and cooperation, the â€Å"heavy lifting† of escaping the Earth’s gravity system and transporting goods, people, and equipment into space via rocket or shuttle systems should be sub-contracted initially to other companies such as SpaceX, while the company under proposal, to be named initially the SpaceHub Investment Group (SIG), should specialize in building fully complete and replicable ISS-style space habitation units. In order to attain an advantage in research, intellectual property, press exposure, and experienced personnel for this venture, SIG should first attempt a

Covert Action Essay Example | Topics and Well Written Essays - 750 words

Covert Action - Essay Example The case facts are that either a coup or the outright â€Å"elimination† of Bashar Al-Assad is possible through an asset that could organize such action, embedded within the Syrian establishment. There is merit in covert action in this case, given the hard line stance of Al-Assad, the intractable nature of the war and of the positions of the two camps, the international opposition to the actions of the Syrian government and the need to stop the escalation of the violence to prevent further massive bloodshed, and the atrocious nature of the way thousands have already perished in the hands of the government forces (Bennet, 2005; Chulov, 2012; International Coalition for the Responsibility to Protect, 2012; MacFarquahar, 2011; Mawad and Gladstone, 2012; Middle East Policy Council, 2012; The New York Times Company, 2012; Rosenbach, 2009; Best, 2011; Cumming,2010 ). The literature tells us that covert actions convey many benefits to the US and to the international community, as a means to secure the interests of the international community and in the US where diplomacy and the legal channels are slow, cumbersome, ineffective, or just plainly deadlocked for a variety of reasons. Covert action essentially short circuits and bypasses all those difficulties. Moreover, an essential element of covert action is that it can be denied, while at the same time providing the US with a means to depose the intractable regime of Bashar Al-Assad and save thousands of lives more from the on-going attack of the Syrian government of its own people. On the other hand, the risks include that the covert action can backfire and strengthen the ranks and the resolve of the Al-Assad forces. The backlash can include more civilian deaths in retaliatory attacks on the public.

Factors thata effect health and well-being Essay Example for Free

Factors thata effect health and well-being Essay Elizabeth is providing her body with the energy her body needs to perform well and succeed in her work through exercising. Exercise provides stimulation for the brain. Stimulation improves brain function, which will improve many things like learning new skills and concentration. Also, people who remain physically active as they age have a reduced risk of dementia. Elizabeth goes swimming every Saturday with her children. This is an example of the social benefits of exercise. This could help Elizabeth have a positive self- image and have positive self-esteem. Exercise also has many psychological and emotional benefits. When you exercise endorphins are released in the brain Endorphins are the bodys natural feel good chemicals, and when they are released through exercise, your mood is boosted naturally. As well endorphins, exercise also releases adrenaline, serotonin, and dopamine. All of these chemicals improve mood. Endorphins are the bodys natural painkillers. The endorphins released during exercise could help Elizabeth with the pain she gets from her Ulcerative colitis. Altogether exercise will improve Elizabeths health, mental state and provide stimulation for her brain, which will help her with many different aspects of life. Regular exercise is benefiting Elizabeths physical, intellectual, emotional and social health and well-being. It is vital that she maintains this positive factor in her life. Supportive Relationships Elizabeth has many supportive relationships in her life. She has a loving family, a good relationship with her partner and a stable group of friends. Research shows that healthy and supportive relationships can reduce stress and improve your overall health and sense of well-being. The main advantages of having supportive relationships are the psychological benefits. On average, people who have supportive relationships are less likely to have mental health problems. Elizabeth does not, and never has, suffered from any mental health problems. This may be because she has people she can talk over any worries or problems with. This will help Elizabeth cope with things like stress and feeling of depression. If Elizabeth feels she has people she can trust and confide in she will be less likely to let these sort of feeling get out of control, she will be able to confront things before they become problems. If Elizabeth did not have such supportive relationships she would be at risk of suffering form stress, which would affect her physical health in many ways. Elizabeth sufferers from Ulcerative Colitis, and although the cause of it is unknown, it is suspected that stress can increase symptoms. So Elizabeths physical well being will be benefiting from supportive relationships because it will help prevent stress causing any flare ups of her Ulcerative Colitis. Elizabeths intellectual development will benefit because she will be less likely to take time off work, and she will be more likely to take part in things that will stimulate her brain such as exercise. Conversation may also provide stimulation. Elizabeth will benefit in ever aspect of her health and well-being because she has good supportive relationships in her life.

Developing Child Fitness and Diet

Developing Child Fitness and Diet Children Fitness and Diet Fitness and exercise for children is quite different than that for adults. Children’s motivation and their physical capacity are different as is their adaptability to, and benefit from, different types of activity. Generally speaking, physical fitness for children should ideally involve: Being active because they wish to be active, confident and to enjoy activity. Running and moving, especially in activity bursts. Children don’t have to imitate the adult equation of maintaining a heart rate in a target area for half an hour. Children sprint and rest, sprint and rest. Ideally children should accumulate significant total movement time every day. The automatic activity of children develops their competence and their confidence in the motor skills. Their skills and confidence will influence their enjoyment of all activities – for we all enjoy to accomplish things that we excel at. The Critical Right Start From a young age, children begin labelling themselves either as athletic, or not. Feeling competent on a field, a court, the playground or even just in a back yard will lead to a continued keenness to play, which in turn leads to more learning and thus greater success. Unfortunately, the opposite is also quite true – getting away to a bad start may cause children to want sit out physical activities, thus missing an opportunity to fully develop during their key growth years while also exacerbating their self-doubt about their individual athleticism can grow into a self-fulfilling prophesy. Each child can and should try to be successful athletically, and the skills required to be successful are quite learnable for moreorless any child, provided that: The child receives individually delivered instructions to learn the proper technique for each skill at their competence level. Children perform the repetitions necessary that build the muscle memory for a particular technique. The challenge is that most available resources to develop skills for children fall short on one or even both points. Many PE, coaches and sports classes adopt a sink-or-swim technique of teaching that simply sets children up for a failure, while tedious and repetitive practice sessions are conducted, that most children do not really enjoy beyond a few minutes. Those children who on a regular basis are physically active will automatically reap huge benefits, it is also common sense that those children benefit from regular exercise: Are less liable to be overweight Will have a diminished risk of developing type 2 diabetes Have a reduced blood cholesterol level plus lower blood pressure Will have higher self-esteem and confidence with reduced instances of depression and anxiety Are more likely to have stronger bones and muscles Will be more mentally attentive at school Have a better outlook on life Clearly we understand that it is essential that children need to be active, now it is time to get the children up, about, playing and participating. The Other Benefits of Exercise In addition to the health rewards of regular exercise, those kids that are fit physically will sleep more soundly and be better equipped to deal with those challenges, both physical and emotional that a typical day presents — whether that is running for a bus, bending to tie a shoe lace or studying for a test. The American Heart Association recommends: Participating in a minimum of 30 minutes of enjoyable, moderate intensity physical activity each day is essential for every child aged 2 or more. These activities should be developmentally appropriate and varied. If your child does not have a full one hour break each day, then it is vital to provide at the very minimum a half hour break, and this can be split into 15 minute breaks or three x 10-minute breaks when they can engage in vigorous activities suitable to their age, gender and their stage of physical and emotional progress. Any concerns about your child’s physical or overall health should be discussed with their pediatrician. Get moving Getting physically active is very important for young and growing bodies. A considerable percentage of children are overweight or obese. So encouraging an active lifestyle for them along with a balanced diet is a sure way to maintain a healthy weight: Ideally children should do at least 1 hour of moderate to vigorous physical activity each day. That could be dancing, running, swimming, or an organized sport such as football, netball or simply active play. Restrict if possible, a child to about two hours of watching television, using a computer or playing electronic games per day. Try to be active with your own and your friend’s children and include physical activity for them in family outings and integrate this into the fabric of daily family life. Focus on fun. It is not necessary to call it â€Å"exercise,† simply consider it as an activity. Find out those activities which the child likes and encourage those. Limit computer and TV time. The American Academy of Pediatrics suggests not greater than â€Å"two hours of exposure to daily media† for children aged two and older. When the child is engrossed with a screen, make sure breaks are taken and that they move around. Schedule the play dates. The key word is â€Å"play.† Have the child get together with a friend or two and play a game of tag, or throw or kick a ball about. Put up a basketball net and shoot hoops. Give fitness oriented gifts, consider a jump-rope, a mini-trampoline or a hula-hoop — something that will encourage activity and movement. Be a model of fitness. It is far easier to motivate children to be active, if as a parent or adult you also lead an active lifestyle. Whether one follows a structured fitness program or you regularly execute some morning stretches, let the children see you being active. It will usually likely inspire them also to do likewise. Encourage biking or walking whenever possible. This is easier if your home is near stores, a library or other locations that you all regularly frequent. However If you live in a more remote area, then establish a safe route for a bike ride or hike with the child. Be a fitness promoter at the child’s school. How much physical activity does your child get at school? Find out and if you feel it is less then enroll support from the other parents to initiate positive changes. The Many Benefits of Exercise Everyone will benefit with regular exercise. Kids that are active develop: tougher bones and muscles a lean body shape, for regular exercise controls body fat be less likely to become overweight decrease the risk of developing type 2 diabetes possibly lower blood pressure and blood cholesterol levels have a better outlook on life In addition to positive health benefits of exercising regularly, children that are physically fitter will also sleep more soundly and are better prepared to handle those emotional and physical challenges which a typical day may present — such as running to catch a bus, bending to tie a shoelace or studying for a test. The American Heart Association recommends: That children aged 2 years or older benefit greatly from at a minimum of 30 minutes of fun and moderately intense physical exercise each day. Those activities should be developmentally appropriate and also varied. If a child does not receive a full 30 minute break for active play each day: Then try to provide at minimum two x 15-minute periods or three x 10-minute periods, where the child may perform a vigorous activity which is suitable for their gender, age and their level of physical and emotional development. Any worries about a child’s physical or overall health must be discussed with a pediatrician. Encouraging healthy habits The smart way to inspire our children to be healthy and active is to be a role model. Help them filter the information regarding the food they are receiving and be led by example. Remember that food is much more than just nutrients and fuel. To children, food should be fun, should taste good, and food should be social – to be enjoyed! Having a healthy diet Parents are the primary influence upon the diet of children, for they directly control many of the food choices, and especially at a younger ages. Active, growing children absolutely require balanced nutrition so that their bodies grow healthily. Most attitudes about food are formed during the early school years, thus creating the foundation of future eating habits. We can help our children create a health foundation by encouraging a like of good food and nutrition throughout the formative years. Growing bodies The primary school years are busy and children require good nutrition in order to concentrate at school and also to fuel their daily activities (play and sport). Equally children need nutritious foods to develop and grow normally. An eating pattern which includes a variety of foods from across different food groups provides children with a range of nutrients and also the fuel they need. Eating sufficient fresh vegetables, legumes and fruits Eating sufficient cereals (preferably whole-grain), to include bread, pasta, rice, and noodles Lean meat, poultry, fish, and/or alternatives Include milk, cheese and yoghurt (the fat reduced products are not suitable for children under 2 years of age) While the occasional ‘extra’ treats such as iced lollies, French fries and take away foods are ok, if they are eaten too often and become habitual, then not only are the children liable to want more and more, it also will result in a decline of the nourishing foods while increasing the risk of becoming overweight, as well as the heightened risk of tooth decay. Children need to be well hydrated. Children must be encouraged to drink water. Try limiting sugar infused drinks such as soda’s, soft drinks, cordials and even fruit juices. If consumed regularly they will contribute to issues like excess weight and tooth decay. A glass full of milk is very nutritious to drink and contributes to the recommended three servings of dairy per day that ensures children get the calcium that growing bones require. Importance of dairy foods As one of the five food groups, dairy products play a crucial role in a healthy diet. Milk, cheese and yoghurt contain over 10 essential nutrients: Carbohydrates Proteins Minerals (magnesium, calcium, potassium and zinc, phosphorus,) Vitamins (A, B12 and riboflavin) Healthy strong bones Dairy foods are well known for providing calcium and its effect upon building strong bones. Naturally, the bones of children grow rapidly, therefore a calcium-rich diet in childhood will maximise peak bone mass and help reduce any risk of fractures and osteoporosis later in life. Three servings of dairy foods per day will give children most of the required calcium requirements. One serving of a dairy product equates as: 1 glass (= 250mL) of milk 2 slices (= 40g) of cheese 1 tub (= 200g) of yoghurt Milk, cheese and yoghurt also provide at least nine other vital nutrients – vitamin A for good eye sight, protein and zinc for development and growth, and vitamin B12 to keep the blood healthy. Dental health Tooth decay is still a common health problem in children, despite being largely preventable. In addition to oral hygiene such as regular brushing, correct nutrition and eating habits are important in preventing dental disease. Special anti-decay nutrients such as phosphorus, and calcium, are contained in the milk proteins and therefore dairy foods are a unique combination with a specific preventative role in dental health. Breakfast Everyone knows that breakfast is the most crucial meal of a day and especially so for energising the minds and bodies of children’s before school. Low Glycaemic Index (GI) foods that provide a slow release of energy are preferable breakfast choices. Dairy foods contain a low GI. In winter start a day with a steaming and hot milky porridge and then in the warmer months put some ice cold milk on a child’s favourite cereal. Yoghurt and muesli mix. Great in a yoghurt container for a breakfast on the move. Grilled cheese on toast, a perennial favourite. A Fruit and yoghurt smoothie. Lovely for children who dislike breakfast. Lunch Dairy foods are good for the school lunch box. Portions of cheese with biscuits and dried fruit. Sandwiches or pita bread with cheese and a choice of spread with salad. Freeze a yoghurt tub the previous night. Helps keep a lunch box cool. Snacks Ice cold milk shake or a smoothie is a great filler. Use crackers and vegetable sticks to eat a yoghurt based dip. When it comes to instilling healthy habits, you can teach children their â€Å"ABCDE† Act Boldly to Change Diet and Exercise.