Criminal liability and legal causation - Free Essay Example

Sample details Pages: 7 Words: 1976 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Criminal Law Essay Did you like this example? James died following Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack giving rise to potential liability for murder. The actus reus of murder is unlawful killing of a reasonable person within the Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s peace.[1] This necessitates a causal nexus between Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack and Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ death. Factual causation requires that death would not have occurred à ¢Ã¢â€š ¬Ã‹Å"but forà ¢Ã¢â€š ¬Ã¢â€ž ¢ the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions.[2] This is satisfied as Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack set in motion a chain of events that resulted in Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ death. Don’t waste time! Our writers will create an original "Criminal liability and legal causation" essay for you Create order However, factual causation only acts as a preliminary filter to eliminate unconnected events; the actus reus of murder requires that legal causation is also established. Legal causation isolates the most culpable factual cause as the basis for criminal liability. The fact that Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack was not the most immediate cause of death is immaterial; following Pagett, the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act need not be the sole or even the main cause of death provided it is a cause.[3] Rosie may argue that the accidental disconnection of Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ life-support system is a à ¢Ã¢â€š ¬Ã‹Å"new and overwhelmingà ¢Ã¢â€š ¬Ã¢â€ž ¢ cause of death that renders her contribution insignificant,[4] particularly as there is evidence that James would have recovered from her attack. The prosecution may challenge this by claiming that cessation of life-support was characterised as an omission in Bland[5] and only a positive act can break the chain of causation. However, B land can be distinguished as the accidental removal of life-support by an unauthorised and unqualified person is not analogous to a medically-sanctioned cessation of artificial support thus Rosie will establish that the cleanerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was a positive act thus could potentially break the chain of causation. Irrespective of this, legal causation will be established as it is a policy-driven area that attributes criminal responsibility in line with blameworthiness. The defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s wrongdoing rendered the victim vulnerable to deficiencies in treatment thus errors should not absolve the defendant of liability[6] unless they render the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s contribution wholly insignificant[7] and, without Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack James would not have been on life-support and vulnerable to its termination. This is a particularly pressing argument given that even deliberate cessation of life-support will not break the chain of causatio n.[8] As such, Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack remains the legal cause of death and the actus reus of murder is established notwithstanding the accidental disconnection of life-support. The mens rea of murder is malice aforethought, defined as intention to kill or cause grievous bodily harm.[9] Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack on James was not done with the express purpose of causing death[10] thus direct intention to kill is not established. If Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ death was a virtually certain consequence of Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s attack and she realised this was the case then oblique intention will be established.[11] However, Rosie may argue that death was not a virtually certain consequence of being struck about the head with a vase as Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ death was not the direct result of this but occurred because of later events. If this is successful, the prosecution will have to base liability on implied malice (intention to cause grievous bodily harm). Rosie str uck a deliberate blow with a lamp, a hard and heavy object, to Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ head, a vulnerable part of the body. As such, the intention to cause grievous bodily harm (defined as à ¢Ã¢â€š ¬Ã‹Å"serious harmà ¢Ã¢â€š ¬Ã¢â€ž ¢)[12] is established and this satisfies the mens rea for murder even though the defendant sought to cause injury not death. As the actus reus and mens rea for murder are established, Rosie will be liable unless she can rely upon a defence to reduce her liability to murder or obtain an outright acquittal. The Homicide Act 1957 contains two partial defences that could reduce Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability to voluntary manslaughter: diminished responsibility[13] and provocation.[14] Section 2 provides that the defence is available to defendants who are suffering from an abnormality of mind arising from specified causes that substantially impairs their mental responsibility for the acts leading to death. Rosie was suffering from depression and her history of sexual abuse rendered her likely to resort to violence when placed in abusive situations where her self-esteem was eroded thus may be able to establish a defence of diminished responsibility. This will establish an à ¢Ã¢â€š ¬Ã‹Å"inherent causeà ¢Ã¢â€š ¬Ã¢â€ž ¢ of her condition[15] but the questions remains as to whether this mental condition would amount to an à ¢Ã¢â€š ¬Ã‹Å"abnormality of mindà ¢Ã¢â€š ¬Ã¢â€ž ¢. This has been defined as a state of mind that is so far removed from the ordinary that a reasonable person would consider it abnormal.[16] The question for the jury, then, is whether Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s depression and background have caused an abnormality of mind that was operative at the time of the killing. Diminished responsibility confers great discretion on the jury that can be exercised in the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour if their sympathy is roused so the success of this defence hinges on whether they perceive Rosie as a vulnerable woman who was exploited and rejected by her employer or as a manipulative and avaricious schemer who set her sights on marrying a wealthy man and struck out when her ambitions were thwarted. The psychiatric evidence suggests the former but the damning evidence of her former partner suggests the latter thus the success of this defence is somewhat uncertain for Rosie. As diminished responsibility may not provide a defence, Rosie may consider reliance on provocation. Section 3 provides a defence for a defendant who was provoked, by things said or done, to lose control in circumstances that would have provoked a reasonable man to act in the same was as the defendant. This gives rise to a two-stage test. The first limb of the test is subjective and asks whether the defendant suffered a à ¢Ã¢â€š ¬Ã‹Å"sudden and temporaryà ¢Ã¢â€š ¬Ã¢â€ž ¢ loss of control.[17] This requires temporal proximity between the provocative incident and the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s response; anything else is indica tive of revenge or planned killing. Here, Rosie is enraged by the email and confronts James, which could be indicative of a planned attack.[18] However, Jamesà ¢Ã¢â€š ¬Ã¢â€ž ¢ response in firing Rosie was the à ¢Ã¢â€š ¬Ã‹Å"final strawà ¢Ã¢â€š ¬Ã¢â€ž ¢[19] which elicited a violent response, using a weapon that was readily to hand, thus establishing the requisite immediacy of reaction to satisfy the subjective limb. However, Rosie must now establish that a reasonable man would have been provoked and acted as she did in attacking James. This objective test is modified by certain characteristics of the defendant being attributed to the reasonable man.[20] There is uncertain in case law as to which characteristics of the defendant should be given to the reasonable man. In Smith, the House of Lords held that any characteristics that affected the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to exercise control should be attributed.[21] Following this, the reasonable man would be a woman of R osieà ¢Ã¢â€š ¬Ã¢â€ž ¢s age with a love of children and desire to marry that was recently (and cruelly) thwarted. The reasonable man would share Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s history of abuse and depression. If her allegation of rape is true (although it seems inconsistent with her desire to marry James) the reasonable man would also be the victim of a recent rape. Equipped with these characteristics, the reasonable man could hardly fail to respond as Rosie did and the defence of provocation would be established. However, doubts have been expressed about Smith. The Privy Council held that it was wrong to attribute so many characteristics to the reasonable man as this converted an objective test into a subjective one.[22] This is only persuasive authority in this jurisdiction but subsequent Court of Appeal decisions have followed the Privy Council approach of attributing only characteristics that explain the gravity of the provocation rather than the broader approach in Smith.[23] As s uch, the reasonable man would be a woman of Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s age who had recently been dismissed from her post. It would not taken into account her thwarted marital aspirations or history of abuse and depression. As such, it is far less likely that provocation will provide a successful defence for Rosie. As the availability of partial defences is uncertain, Rosie may plead automatism, on the basis of her à ¢Ã¢â€š ¬Ã‹Å"trance-like stateà ¢Ã¢â€š ¬Ã¢â€ž ¢, which would result in an acquittal. Automatism requires that actions were rendered involuntary as a result of some external event[24] and has included post-traumatic stress induced by rape.[25] Again, this is contingent upon the truth of Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s allegation. Moreover, if the judge rules that the dissociative state arose not from an external cause[26] but from internal cause, such as depression, she will have established a defence of insanity.[27] This is not a popular strategy amongst defendants; many pre fer to plead guilty than be found à ¢Ã¢â€š ¬Ã‹Å"not guilty by reason of insanityà ¢Ã¢â€š ¬Ã¢â€ž ¢. This is attributable to the social stigma attached to insanity and also the ability of the judge to order indefinite detention in a secure hospital, although the judge has discretion to make alternative orders[28] even in respect of murder.[29] Overall, reliance on automatism will not be a sound strategy for Rosie as it carries a risk that the court will reject this and find insanity. Overall, Rosieà ¢Ã¢â€š ¬Ã¢â€ž ¢s prospects are not favourable. Liability for murder is established and there is no clear-cut line of defence that suggests that she will be acquitted or have her liability reduced to manslaughter. Word Count: 1500 words Case List Airedale NHS Trust v. Bland [1993] AC 789 Attorney-General for Jersey v. Holley [2005] 3 All ER 371 Bratty v. A-G for NI [1963] AC 386 DPP v. Camplin [1978] 2 All ER 168 DPP v. Smith [1961] AC 290 Hennessy [1989] 2 All ER 9 Mà ¢Ã¢â€š ¬Ã¢â€ž ¢Naghten Rules (1843) 10 Cl Fin 200 Mohammed [2005] EWCA 1880 R v. Ahluwalia [1992] 4 All ER 889 R v. Byrne (1960) 2 QB 396 R v. Cheshire [1991] 3 All ER 670 R v. Cunningham [1982] AC 566 R v. Duffy [1949] 1 All ER 932 R v. Humphries [1995] 4 All ER 1008 R v. James [2006] EWCA Crim 14 R v. Jordan (1956) 40 Cr App R 152 R v. Malcherek and Steel [1981] 2 All ER 422 R v. Mohan [1975] 2 All ER 193 R v. Pagett (1983) 76 Cr App R 279 per Robert Goff LJ at 290 R v. Smith (Morgan) [2000] 3 WLR 654 R v. T [1990] Crim LR 256 R v. Thornton (No 2) [1996] 2 All ER 1023 R v. White [1910] 2 KB 124 R v. Woollin [1999] 1 AC 82 Statutes Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 Domestic Violence, Crime and Victims Act 2004 Section 2 of the Homicide Act 1957 Section 3 of the Homicide Act 1957 Bibliography Allen, M., (2003) Textbook on Criminal Law, 7th ed., Oxford: Oxford University Press Chalmers, J., à ¢Ã¢â€š ¬Ã‹Å"Merging Provocation and Diminished Responsibility; some Reasons for Scepticismà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Criminal Law Review 198 Clarkson, C.M.V. and Keating, H.M., (2003) Criminal Law: Text and Materials, 5th ed., London: Sweet Maxwell Elliot, C., à ¢Ã¢â€š ¬Ã‹Å"What Future for Voluntary Manslaughter?à ¢Ã¢â€š ¬Ã¢â€ž ¢ [2004] Journal of Criminal Law 253 Gale, C. and James, A., à ¢Ã¢â€š ¬Ã‹Å"Provocation: Law at Time of Trial Relevantà ¢Ã¢â€š ¬Ã¢â€ž ¢ (2004) Journal of Criminal Law 96 Herring, J., (2004) Criminal Law: Text, Cases and Materials, Oxford: Oxford University Press Law Commission Report 290 (2003) Partial Defences to Murder. London: HMSO Mackay, R.D. and Mitchell, B.J., à ¢Ã¢â€š ¬Ã‹Å"Provoking Diminished Responsibility: Two Pleas Merging Togetherà ¢Ã¢â€š ¬Ã¢â€ž ¢ [2003] Criminal Law Review 745 Ormerod, D.C., (2005) Smith Hogan Criminal Law, 11th ed., Oxford: Oxford University Press 1 Footnotes [1] Based upon Cokeà ¢Ã¢â€š ¬Ã¢â€ž ¢s classic definition (Coke 3 Inst 47) as modified by the Law Reform (Year and a Day Rule) Act 1996 [2] R v. White [1910] 2 KB 124 [3] R v. Pagett (1983) 76 Cr App R 279 per Robert Goff LJ at 290 [4] R v. Cheshire [1991] 3 All ER 670 [5] Airedale NHS Trust v. Bland [1993] AC 789 [6] R v. Cheshire [1991] 3 All ER 670 [7] R v. Jordan (1956) 40 Cr App R 152 [8] R v. Malcherek and Steel [1981] 2 All ER 422 [9] R v. Cunningham [1982] AC 566 [10] R v. Mohan [1975] 2 All ER 193 [11] R v. Woollin [1999] 1 AC 82 [12] DPP v. Smith [1961] AC 290 [13] Section 2 of the Homicide Act 1957 [14] Section 3 of the Homicide Act 1957 [15] R v. Ahluwalia [1992] 4 All ER 889 [16] R v. Byrne (1960) 2 QB 396 [17] R v. Duffy [1949] 1 All ER 932 [18] R v. Thornton (No 2) [1996] 2 All ER 1023 [19] R v. Humphries [1995] 4 All ER 1008 [20] DPP v. Camplin [1978] 2 All ER 168 [21] R v. Smith (Morgan) [2000] 3 WLR 654 [22] Attorney-General for Jersey v. Holley [2005] 3 All ER 371 [23] Mohammed [2005] EWCA 1880; R v. James [2006] EWCA Crim 14 [24] Bratty v. A-G for NI [1963] AC 386 [25] R v. T [1990] Crim LR 256 [26] Hennessy [1989] 2 All ER 9 [27] Mà ¢Ã¢â€š ¬Ã¢â€ž ¢Naghten Rules (1843) 10 Cl Fin 200 [28] Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 [29] Domestic Violence, Crime and Victims Act 2004

Management Theories - 4938 Words

Basic management models and theories associated with motivation and leadership and be able to apply them to practical situations and problems Management and Change: Basic management models and theories associated with motivation and leadership This section covers :  · Classical Management Theory[-0]  · Human Relations Theory[-1]  · Neo-Human Relations Theory[-2]  · System Theory[-3] Classical Management Theory Here we focus on three well-known early writers on management: Henri Fayol[-4] FW Taylor[-5] Max Weber[-6] Definition of management: Management takes place within a structured organisational setting with prescribed roles. It is directed towards the achievement of aims and objectives through influencing the efforts of others.†¦show more content†¦This was a rigid system where every task became discrete and specialized. It is fair to suggest that this is unlikely to be of value to the NHS with the Modernisation agenda suggesting that we should have a flexible workforce. Key points about Taylor, who is credited with what we now call Taylorism:  · he was in the scientific management school  · his emphases were on efficiency and productivity  · but he ignored many of the human aspects of employment For the managers, scientific management required them to:  · develop a science for each operation to replace opinion and rule of thumb  · determine accurately from the science the correct time and methods for each job (time and motion studies)  · set up a suitable organisation to take all responsibility from the workers except that of the actual job performance  · select and train the workers (in the manner described above)  · accept that management itself be governed by the science deployed for each operation and surrender its arbitrary powers over the workers, i.e. cooperate with them. For the workers, scientific management required them to:  · stop worrying about the divisions of the fruits of production between wages and profits.  · share in the prosperity of the firm by working in the correct way and receiving wage increases.  · give up their idea of time wasting and co-operate with the management in developing the science  · accept thatShow MoreRelatedTerror Management Theory1289 Words   |  6 Pagesboth humans and animals, the understanding of one’s own mortality is uniquely human. How do we, as humans, deal with the terror that is associated with this knowledge? According to Terror Management Theory (TMT), developed by Jeff Greenberg, Sheldon Solomon, and Tom Pyszczynski (1989), the need for â€Å"terror management† is a fundamental function possessed by humans and cultural systems. Based on the writings of anthropologist Ernest Becker and inspired by Freud’s work on how death provokes belief in mysticalRead MoreManagement Theory And Management Theories1254 Words   |  6 Pagespurpose of developing the management theories is to bring out better ways to manage people. According to Aguinaldo Powell (2002), management theory evolves con-stantly with the continuous stream of new ideas that come from the attempts to transform theory into practice, and vice versa. As essen tial personnel identify promising methods that assist in managing responsibilities, it will lead to management theories progressing. This paper will il-lustrate how management theories have emerged over theRead MoreManagement Theory And Management Theories1272 Words   |  6 Pagespurpose of developing the management theories is to bring out better ways to manage people. According to Aguinaldo Powell (2002), management theory evolves con-stantly with the continuous stream of new ideas that come from the attempts to transform theory into practice, and vice versa. As essential personnel identify promising methods that assist in managing responsibilities, it will lead to management theories progressing. This paper will il-lustrate how management theories have emerged over theRead MoreManagement Theories And Management Theory1003 Words   |  5 PagesManagement Theories Management theory can be used in many organizations when starting out a business. It addresses how managers and leaders relate to their organization in the knowledge of their goals. It implements on how to set the goals and motivate their employees to perform in a high standard. Management theory consist of three important aspects operation strategy, innovation management and process management. Operation Strategy is to maximize the effectiveness of the whole production, butRead MoreManagement Theories Of Management Theory2222 Words   |  9 PagesManagement Theories Evolution Management practice cannot exist without the support of a theory. The complex character of management as the scholarly discipline, the variety of opinions concerning the essence and content of management theory, require systematizing knowledge about this phenomenon. Management theory is a relatively new science since its systematic development and academic research has started mostly in the 20th century. Although it is difficult to name the most important theories andRead MoreThe Theory Of Management And Management1690 Words   |  7 PagesIntroduction Management is one of the remarkable activities within human society began with a group or to an larger organization that are able to accomplish a same goals and objectives, by defining what is management and how is important to human being society many management theorists have produces (many models that can be used for successful organization change and winners respond to the past and complexity of change and adapt learn and act quickly (Mildred,G. Sonia T. 2008 ) different theories or viewsRead MoreThe Contingency Management Theory And Management Theories1164 Words   |  5 Pagesof management, understand different management theories and to apply them appropriately depending on the organization, the mission and the situation. Flexibility is one of the greatest traits a manager can possess in an extremely competitive market. One management theory that subscribes to flexibility is the contingency management theory. Adaptability is crucial in today’s business environment, especially for organizations trying to remain significant in global industries. All management theoriesRead MoreThe Theory Of Management And The Scientific Management Theory Essay1208 Words   |  5 PagesTheories of management date back to the beginning of times. Every aspect of life contains some form of management. From managing oneself, to managing employees, to managing an entire corporation, management is a key part of life. Over time different theories have been developed and have evolved. Some of the first theories ever explored include the administrative management theory and the scientific management theory. While both of these theories were studied in depth, I believe that one of the greatestRead MoreManagement Theory Of Management And Management937 Words   |  4 Pagesnumber of theories have been used in company management. However, management of company could not be effective if only rely on theories. In fact, a good company development requires not only suitable theories selection but also consistency with practice in appropriate organization environment. Further, a company’s successful also need team work, creatively to together process. This essay focuses on how to make the company management effectively with some cases. There is no doubt that theory of managementRead MoreEvolution Of Management Theory And Management Theories2135 Words   |  9 PagesEvolution of Management Theory Jamal Roberts Pasco Hernando State College Evolution of Management Theory In reality, every person in a management position handles the way that they do their job differently. Management is one of the most important parts of an organization, if not the most important. However, the development of management in organizations has changed dramatically from the late eighteenth century to now. In the eighteenth century, managers relied on power and setting strict

Cultural Intelligence and Capability Anti-Bullying Safe Space

Question: Discuss about theCultural Intelligence and Capability for Anti-Bullying Safe Space. Answer: Introduction Background Culture influences a persons behaviour and attitude towards a given situation. People have different cultures and thus the need for safe spaces. People have to respect and not uphold other peoples culture to co-exist peacefully in the society. People create their safe spaces to guard themselves against issues such as bullying, discrimination, and even racial abuses. Culture plays an integral role in ensuring that everyone in the society is afforded equal rights and justice. Scope The purpose of this report is to focus on anti-bullying safe space. Many teenagers approximately one in four undergoes bullying at some point in their lives (Ã… ½egarac, 2007) The report uses an anti-bullying safe space youth video to depict how bullying and creation of safe spaces can occur. The video has two scenes of unsafe spaces that depict gay bullying and cyberbullying. Aim The report aims at providing an analysis of an unsafe bullying space and develop recommendations on the appropriate ways to improve safety in spaces. Summary of Video Clip The anti-bullying safe space youth video was made in New York in the year 2013. The video depicts how the Lesbian, Gay, Bisexual and Transgender (LGBT) community were bullied in addition to a girl being cyber bullied. The story line in the video begins with an LGBT couple walking down the streets while holding hands together. The couple was later confronted by a group of three men who lashed out on the couple for being gay and showing it on the streets. Another group consisting of a man, a teenager and a woman come to the rescue of the couple and chase the bullies away. The first scene ends with the couple, and the rescuers are walking swiftly away together. The second scene involves a girl who uploads her pictures on Facebook and her colleague's comment on the photo using bullying messages. One of her colleagues though is not proud of the comments and deletes the comment before it is posted to protect the girl from bullying. Summary of Literature Holley and Steiner (2005) state that the ability to create a safe space is determined by Cultural self-awareness. Culturally self-aware individuals can cope with any issue without obstructing the rights of others. Self-aware people have developed the ability to understand and synthesize critical issues and react appropriately in a given situation. Safe spaces refer to places where people can relax and express themselves fully without the fear of being made to feel inferior, unwelcome or unsafe on account of their life choices, cultural background, gender identity amongst many other factors (Cross et al., 2015). A person should not be made to feel uncomfortable due to being a little bit different in actions or physical appearance. Cultural intelligence refers to the ability to relate, work and perform effectively in culturally diverse settings (Dyne, 2012). The intelligence develops from previous individual interactions with varying cultures. A person thus gains the needed knowledge t o operate in those social set ups. Cultural self-awareness refers to the ability to recognize ones own cultural impact on values, beliefs, and judgments. It also includes the influences that a person derives from the professionals job culture. Cultural self-awareness starts by being aware of cultural differences and their effect on behaviour (Swearer Hymel, 2015, p. 350). Bullying is a complex issue that is influenced by many factors that are socio-ecological related (Harcourt, Green Bowden, 2015). The social-ecological model helps study bullying through the four levels of the model namely individual, relationship, community and society. The theory helps in expanding the knowledge the complex phenomenon that is bullying. Cultural intelligence provides a person with the skills and knowledge to tune ones behaviour to correspond with the cultural requirements of a situation or at work. Bullying takes place everywhere be it in schools or at workplaces, and a person has to be culturally intelligent to achieve the set goals (Ofe et al., 2016). Cultural self-awareness help shapes the attitude and perception of a person. The behaviour of a culturally self-aware individual does not tolerate bullying and works towards creating a safe space. When you combine cultural intelligence and cultural self-awareness the individual will have well developed social skills to create often a safe space no matter the situation. (https://www.youtube.com/watch?v=RDbDQP4xQ6s) Observations/Description of Video The first scene of the video clip is situated on the streets in New York. The couple of two young men are walking holding their hands together while their fingers are firmly intertwined showing signs of a romantic relationship. The three bullies are dressed in baggy clothes and are seen to use signs and gestures that depict an abusive nature (Swarthout, 2003). The three bullies are big in body stature, and the couple was in a position to cause harm to them. The bullies displayed a lack of cultural intelligence when they followed the couple and started to harass and bully them by shoving them of the pathway exhibiting signs of exclusion (Flanja, 2009). The group that rescues the couple show a lot of cultural intelligence as they take the couple away from the scene and seem baffled by the actions of the bullies. Space is unsafe for the couple. The second scene in the video involves four ladies. One is seated in a separate cyber from the other three. The girl posts her picture on Facebook with no ill intentions and maybe unaware of cyber bullying. The other three girls seated in a different cyber view the picture and try to comment. The body language of one of the girls when they first saw the picture showed that she had zero respect for her and they had secluded her. The girl lacked cultural intelligence and self-awareness (Quappe and Cantatore, 2005). The girl imitated the picture and laughed at her with the epitome of their bullying being writing nasty comments. The social media is a very unsafe space. Discussion In the first scene of the video clip, the three bullies displayed a lack of cultural intelligence when they first saw the couple holding hands using gestures and signs. The signs of disgust shown by the bullies made the couple frightened, and they scampered away trying to avoid the trio. Poorly developed self-awareness led the trio to act violently towards the couple. The bullies lacked the ability to adjust to another culture and to them they did not need to respect the values and beliefs of the couple. A closer look at the social-ecological model level one of the individual, the video shows that the bullies maybe had personal history factors and biological factors that made them perpetrators of violence (Bruhn, 2005). The relationship level reveals that the bullies have never been close or have close relatives that are LGBT. The total lack of cultural intelligence promoted their aggressive nature towards the couple. It is thus easy to conclude that the community the bullies are fro m has not embraced such culture (Vahedi, Fathi Golparvar, 2016). The behaviour of an individual is largely influenced by culture. The behaviour displayed by the bullies made the couple feel unsafe. The second scene in the film shows how cyber bullying easily takes place. This type of bullying especially does not require the perpetrator to be in proximity to the victim. The girl (bully) who first sees the picture on the social site has poorly developed cultural intelligence levels. The initial reaction and the gestures she portray show how she feels towards the victim and that she feels the victim is not of her calibre. The girls behaviour is promoted by the closest circle-peers she has who seem to be in support of her behaviour and mockery (swearer Hymel, 2015). The social-ecological theory shows that the relationships a person has influence their roles in bullying. The third level of the Social-ecological model shows that it is likely the girl emanates from a community which has a history of violence thus why she is a bully. Out of the three girls, one shows that she has a highly developed cultural intelligence level. She is not impressed by the reactions of the bully and sit s quiet and tries to concentrate on her issues. But when she reads the comment that the girl is about to post the picture she takes action into her hands and deletes the comment before it is posted. The girl is trying to make the social site a safe place. Recommendations Recommendations for the first scene in the video should involve community education and awareness creation. The three bullies seem to hold hate for the LGBT. Extensive education and awareness creation programs will help to transform the community as a whole to make the community a safe place (Taipale, 2012). It is critical to increasing the level of societal connectedness so that people can interact with varying culture and get educated on the need to respect the values and beliefs of other cultures (Spencer, 2008). It is important that communities form policies and laws to curb bullying. The perpetrators of bullying should be reprimanded for their actions, and they should be forced to attend anti-bullying initiatives for a given period till their actions change for the better. Most victims of bullying end up as perpetrators of the vice. It is thus crucial to educate and rehabilitate all the victims to prevent the spread of bullying. The communities can establish centres to cater for these victims where they can hold sessions and talk about it to help them heal (Cornell Bradshaw, 2015). It is hard to control cyber bullying, though schools have the required machinery to bring this vice to a stop. The school-based program will help transform the teenagers and young adults for the better and will reduce bullying of any form. Conclusion A little research on bullying reveals some shocking data concerning the vice. In the world today, every seven minutes a child is bullied, and the rate of intervention is very low (Chadaga, Villines Krikorian, 2016). The video clip used shows how bullying is perpetrated in the streets and cyber bullying. What is worth noting is that most of the perpetrators know the victims especially in cyber bullying. The video clip showed two scenes of unsafe spaces. The victims in the clip are denied a safe space to express themselves freely without interference from other parties. The clip shows that there is still room for improvement such as the ill treatment towards the LGBT. The LGBT have to be respected and offered the same opportunities as non-LGBT because they are also human beings. References Bruhn, J. G. (2005). Culture-Brain Interactions. Integrative Physiological Behavioral Science, 40(4), 243-254. Chadaga, A. R., Villines, D., Krikorian, A. (2016). Bullying in the American Graduate Medical Education System: A National Cross-Sectional Survey. Plos ONE, 11(3), 1-14. doi:10.1371/journal.pone.0150246 Cornell, D., Bradshaw, C. P. (2015). From a Culture of Bullying to a Climate of Support: The Evolution of Bullying Prevention and Research. School Psychology Review, 44(4), 499-503. Cross, D., Barnes, A., Papageorgiou, A., Hadwen, K., Hearn, L., Lester, L. (2015). A socialecological framework for understanding and reducing cyberbullying behaviours. Aggression Violent Behavior, 23109-117. doi:10.1016/j.avb.2015.05.016 Dyne, L. V. (2012). Cultural Intelligence. Retrieved from Michigan State University: https://www.linnvandyne.com/cq.html Flanja, D. (2009). Culture Shock in Intercultural Communication. Retrieved from https://ereadings.cdu.edu.au/eserv/cdu:22117/doc.pdf Harcourt, S., Green, V. A., Bowden, C. (2015). "It is everyone's problem": Parents' experiences of bullying. New Zealand Journal Of Psychology, 44(3), 4-17. Holley, L. C., Steiner, S. (2005, January 1). Safe Space: Student Perspectives on Classroom Environment. Retrieved from https://web.b.ebscohost.com.ezproxy.cdu.edu.au/ehost/pdfviewer/pdfviewer?sid=89ba220c-1d07-4934-9171-9e3648d2bb8e%40sessionmgr198vid=1hid=117 Holley, L. C., Steiner, S. (2005). Safe space: Student perspectives on classroom environment. Journal of Social Work Education, 41(1), 49-64. https://www.youtube.com/watch?v=RDbDQP4xQ6s Ofe, E. E., Plumb, A. M., Plexico, L. W., Haaka, N. J., Nippold, M., Kelly, E. (2016). School-Based Speech-Language Pathologists' Knowledge and Perceptions of Autism Spectrum Disorder and Bullying. Language, Speech Hearing Services In Schools, 47(1), 59-76. doi:10.1044/2015_LSHSS-15-0058 Quappe, S., Cantatore, G. (2005). What is Cultural Awareness, anyway? How do i build it? Retrieved from The Culturosity Group LLC: https://www.culturosity.com/articles/whatisculturalawareness.htm Quappe, S., Cantatore, G. (2005). What is Cultural Awareness, Anyway? How Do I Build It? Retrieved from mgoals: https://yuin.mgoals.com.au/wp-content/uploads/sites/3/2013/02/What_is_Cultural_Awareness_.pdf Riley, E. (1999). Analysis of Good Will Hunting. Retrieved from Introduction to Film: https://www.d.umn.edu/~tisbell/Courses/AnalysisGoodWillHunting.html Swarthout, D. (2003). Definition and Examples of Cultural Barriers to Communication. Retrieved from Education Portal: https://education-portal.com/academy/lesson/what-are-cultural-barriers-to-communication-in-the-workplace-definition-examples-quiz.html#lesson Swearer, S., Hymel, S. (2015). Bullying and Discrimination in Schools: Exploring Variations Across Student Subgroups. School Psychology Review, 44(4), 504-509. Swearer, S. M., Hymel, S. (2015). Understanding the Psychology of Bullying. American Psychologist, 70(4), 344-353. doi:10.1037/a0038929 Spencer-Oatey, H. (2008) Culturally Speaking. Culture, Communication and Politeness Theory. 2nd edition. London: Continuum. Taipale, S. (2012). Mobility of Cultures and Knowledge Management in Contemporary Europe. European Review, 20(2), 173-181. doi:10.1017/S1062798711000445 Vahedi, S., Fathi Azar, E., Golparvar, F. (2016). The effectiveness of school-wide anti bullying programs on teachers' efficacy in dealing with students' bullying behavior. Journal Of Fundamentals Of Mental Health, 18(2), 68-75. Ã… ½egarac, V. (2007). A cognitive pragmatic perspective on communication and culture. In H. Kotthoff H. Spencer-Oatey (Eds.), Handbook of Intercultural Communication. Berlin:Walter de Gruyter, 3153

The New Deal Essays - New Deal Agencies, Labour Economics, New Deal

The New Deal During the 1930's, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the United States and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930's, shaking the foundations of Western capitalism. The New Deal describes the program of US president Franklin D. Roosevelt from 1933 to 1939 of relief, recovery, and reform. These new policies aimed to solve the economic problems created by the depression of the 1930's. When Roosevelt was nominated, he said, "I pledge you, I pledge myself, to a new deal for the American people." The New Deal included federal action of unprecedented scope to stimulate industrial recovery, assist victims of the Depression, guarantee minimum living standards, and prevent future economic crises. Many economic, political, and social factors lead up to the New Deal. Staggering statistics, like a 25% unemployment rate, and the fact that 20% of NYC school children were under weight and malnourished, made it clear immediate action was necessary. In the first two years, the New Deal was concerned mainly with relief, setting up shelters and soup kitchens to feed the millions of unemployed. However as time progressed, the focus shifted towards recovery. In order to accomplish this monumental task, several agencies were created. The National Recovery Administration (NRA) was the keystone of the early new deal program launched by Roosevelt. It was created in June 1933 under the terms of the National Industrial Recovery Act. The NRA permitted businesses to draft "codes of fair competition," with presidential approval, that regulated prices, wages, working conditions, and credit terms. Businesses that complied with the codes were exempted from antitrust laws, and workers were given the right to organize unions and bargain collectively. After that, the government set up long-range goals which included permanent recovery, and a reform of current abuses. Particularly those that produced the boom-or-bust catastrophe. The NRA gave the President power to regulate interstate commerce. This power was originally given to Congress. While the NRA was effective, it was bringing America closer to socialism by giving the President unconstitutional powers. In May 1935 the US Supreme Court, in Schechter Poultry Corporation V. United States, unanimously declared the NRA unconstitutional on the grounds that the code-drafting process was unconstitutional. Another New Deal measure under Title II of the National Industrial Recovery Act of June 1933, the Public Works Administration (PWA), was designed to stimulate US industrial recovery by pumping federal funds into large-scale construction projects. The head of the PWA exercised extreme caution in allocating funds, and this did not stimulate the rapid revival of US industry that New Dealers had hoped for. The PWA spent $6 billion enabling building contractors to employ approximately 650,000 workers who might otherwise have been jobless. The PWA built everything from schools and libraries to roads and highways. The agency also financed the construction of cruisers, aircraft carriers, and destroyers for the navy. In addition, the New Deal program founded the Works Projects Administration in 1939. It was the most important New Deal work-relief agency. The WPA developed relief programs to preserve peoples skills and self-respect by providing useful work during a period of massive unemployment. From 1935 to 1943 the WPA provided approximately 8 million jobs at a cost of more than $11 billion. This funded the construction of thousands of public buildings and facilities. In addition, the WPA sponsored the Federal Theater Project, Federal Art Project, and Federal Writers' Project providing work for people in the arts. In 1943, after the onset of wartime prosperity, Roosevelt terminated the WPA. One of the most well known, The Social Security Act, created a system of old-age pensions and unemployment insurance, which is still around today. Social security consists of public programs to protect workers and their families from income losses associated with old age, illness, unemployment, or death. The Fair Labor Standards Act (1938) established a federal Minimum Wage and maximum-hours policy. The minimum wage, 25 cents per hour, applied to many workers engaged in interstate commerce. The law The New Deal Essays - New Deal Agencies, Labour Economics, New Deal The New Deal During the 1930's, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the United States and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930's, shaking the foundations of Western capitalism. The New Deal describes the program of US president Franklin D. Roosevelt from 1933 to 1939 of relief, recovery, and reform. These new policies aimed to solve the economic problems created by the depression of the 1930's. When Roosevelt was nominated, he said, "I pledge you, I pledge myself, to a new deal for the American people." The New Deal included federal action of unprecedented scope to stimulate industrial recovery, assist victims of the Depression, guarantee minimum living standards, and prevent future economic crises. Many economic, political, and social factors lead up to the New Deal. Staggering statistics, like a 25% unemployment rate, and the fact that 20% of NYC school children were under weight and malnourished, made it clear immediate action was necessary. In the first two years, the New Deal was concerned mainly with relief, setting up shelters and soup kitchens to feed the millions of unemployed. However as time progressed, the focus shifted towards recovery. In order to accomplish this monumental task, several agencies were created. The National Recovery Administration (NRA) was the keystone of the early new deal program launched by Roosevelt. It was created in June 1933 under the terms of the National Industrial Recovery Act. The NRA permitted businesses to draft "codes of fair competition," with presidential approval, that regulated prices, wages, working conditions, and credit terms. Businesses that complied with the codes were exempted from antitrust laws, and workers were given the right to organize unions and bargain collectively. After that, the government set up long-range goals which included permanent recovery, and a reform of current abuses. Particularly those that produced the boom-or-bust catastrophe. The NRA gave the President power to regulate interstate commerce. This power was originally given to Congress. While the NRA was effective, it was bringing America closer to socialism by giving the President unconstitutional powers. In May 1935 the US Supreme Court, in Schechter Poultry Corporation V. United States, unanimously declared the NRA unconstitutional on the grounds that the code-drafting process was unconstitutional. Another New Deal measure under Title II of the National Industrial Recovery Act of June 1933, the Public Works Administration (PWA), was designed to stimulate US industrial recovery by pumping federal funds into large-scale construction projects. The head of the PWA exercised extreme caution in allocating funds, and this did not stimulate the rapid revival of US industry that New Dealers had hoped for. The PWA spent $6 billion enabling building contractors to employ approximately 650,000 workers who might otherwise have been jobless. The PWA built everything from schools and libraries to roads and highways. The agency also financed the construction of cruisers, aircraft carriers, and destroyers for the navy. In addition, the New Deal program founded the Works Projects Administration in 1939. It was the most important New Deal work-relief agency. The WPA developed relief programs to preserve peoples skills and self-respect by providing useful work during a period of massive unemployment. From 1935 to 1943 the WPA provided approximately 8 million jobs at a cost of more than $11 billion. This funded the construction of thousands of public buildings and facilities. In addition, the WPA sponsored the Federal Theater Project, Federal Art Project, and Federal Writers' Project providing work for people in the arts. In 1943, after the onset of wartime prosperity, Roosevelt terminated the WPA. One of the most well known, The Social Security Act, created a system of old-age pensions and unemployment insurance, which is still around today. Social security consists of public programs to protect workers and their families from income losses associated with old age, illness, unemployment, or death. The Fair Labor Standards Act (1938) established a federal Minimum Wage and maximum-hours policy. The minimum wage, 25 cents per hour, applied to many workers engaged in interstate commerce. The law The New Deal Essays - New Deal Agencies, Labour Economics, New Deal The New Deal During the 1930's, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the United States and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930's, shaking the foundations of Western capitalism. The New Deal describes the program of US president Franklin D. Roosevelt from 1933 to 1939 of relief, recovery, and reform. These new policies aimed to solve the economic problems created by the depression of the 1930's. When Roosevelt was nominated, he said, "I pledge you, I pledge myself, to a new deal for the American people." The New Deal included federal action of unprecedented scope to stimulate industrial recovery, assist victims of the Depression, guarantee minimum living standards, and prevent future economic crises. Many economic, political, and social factors lead up to the New Deal. Staggering statistics, like a 25% unemployment rate, and the fact that 20% of NYC school children were under weight and malnourished, made it clear immediate action was necessary. In the first two years, the New Deal was concerned mainly with relief, setting up shelters and soup kitchens to feed the millions of unemployed. However as time progressed, the focus shifted towards recovery. In order to accomplish this monumental task, several agencies were created. The National Recovery Administration (NRA) was the keystone of the early new deal program launched by Roosevelt. It was created in June 1933 under the terms of the National Industrial Recovery Act. The NRA permitted businesses to draft "codes of fair competition," with presidential approval, that regulated prices, wages, working conditions, and credit terms. Businesses that complied with the codes were exempted from antitrust laws, and workers were given the right to organize unions and bargain collectively. After that, the government set up long-range goals which included permanent recovery, and a reform of current abuses. Particularly those that produced the boom-or-bust catastrophe. The NRA gave the President power to regulate interstate commerce. This power was originally given to Congress. While the NRA was effective, it was bringing America closer to socialism by giving the President unconstitutional powers. In May 1935 the US Supreme Court, in Schechter Poultry Corporation V. United States, unanimously declared the NRA unconstitutional on the grounds that the code-drafting process was unconstitutional. Another New Deal measure under Title II of the National Industrial Recovery Act of June 1933, the Public Works Administration (PWA), was designed to stimulate US industrial recovery by pumping federal funds into large-scale construction projects. The head of the PWA exercised extreme caution in allocating funds, and this did not stimulate the rapid revival of US industry that New Dealers had hoped for. The PWA spent $6 billion enabling building contractors to employ approximately 650,000 workers who might otherwise have been jobless. The PWA built everything from schools and libraries to roads and highways. The agency also financed the construction of cruisers, aircraft carriers, and destroyers for the navy. In addition, the New Deal program founded the Works Projects Administration in 1939. It was the most important New Deal work-relief agency. The WPA developed relief programs to preserve peoples skills and self-respect by providing useful work during a period of massive unemployment. From 1935 to 1943 the WPA provided approximately 8 million jobs at a cost of more than $11 billion. This funded the construction of thousands of public buildings and facilities. In addition, the WPA sponsored the Federal Theater Project, Federal Art Project, and Federal Writers' Project providing work for people in the arts. In 1943, after the onset of wartime prosperity, Roosevelt terminated the WPA. One of the most well known, The Social Security Act, created a system of old-age pensions and unemployment insurance, which is still around today. Social security consists of public programs to protect workers and their families from income losses associated with old age, illness, unemployment, or death. The Fair Labor Standards Act (1938) established a federal Minimum Wage and maximum-hours policy. The minimum wage, 25 cents per hour, applied to many workers engaged in interstate commerce. The law The New Deal Essays - New Deal Agencies, Labour Economics, New Deal The New Deal During the 1930's, America witnessed a breakdown of the Democratic and free enterprise system as the US fell into the worst depression in history. The economic depression that beset the United States and other countries was unique in its severity and its consequences. At the depth of the depression, in 1933, one American worker in every four was out of a job. The great industrial slump continued throughout the 1930's, shaking the foundations of Western capitalism. The New Deal describes the program of US president Franklin D. Roosevelt from 1933 to 1939 of relief, recovery, and reform. These new policies aimed to solve the economic problems created by the depression of the 1930's. When Roosevelt was nominated, he said, "I pledge you, I pledge myself, to a new deal for the American people." The New Deal included federal action of unprecedented scope to stimulate industrial recovery, assist victims of the Depression, guarantee minimum living standards, and prevent future economic crises. Many economic, political, and social factors lead up to the New Deal. Staggering statistics, like a 25% unemployment rate, and the fact that 20% of NYC school children were under weight and malnourished, made it clear immediate action was necessary. In the first two years, the New Deal was concerned mainly with relief, setting up shelters and soup kitchens to feed the millions of unemployed. However as time progressed, the focus shifted towards recovery. In order to accomplish this monumental task, several agencies were created. The National Recovery Administration (NRA) was the keystone of the early new deal program launched by Roosevelt. It was created in June 1933 under the terms of the National Industrial Recovery Act. The NRA permitted businesses to draft "codes of fair competition," with presidential approval, that regulated prices, wages, working conditions, and credit terms. Businesses that complied with the codes were exempted from antitrust laws, and workers were given the right to organize unions and bargain collectively. After that, the government set up long-range goals which included permanent recovery, and a reform of current abuses. Particularly those that produced the boom-or-bust catastrophe. The NRA gave the President power to regulate interstate commerce. This power was originally given to Congress. While the NRA was effective, it was bringing America closer to socialism by giving the President unconstitutional powers. In May 1935 the US Supreme Court, in Schechter Poultry Corporation V. United States, unanimously declared the NRA unconstitutional on the grounds that the code-drafting process was unconstitutional. Another New Deal measure under Title II of the National Industrial Recovery Act of June 1933, the Public Works Administration (PWA), was designed to stimulate US industrial recovery by pumping federal funds into large-scale construction projects. The head of the PWA exercised extreme caution in allocating funds, and this did not stimulate the rapid revival of US industry that New Dealers had hoped for. The PWA spent $6 billion enabling building contractors to employ approximately 650,000 workers who might otherwise have been jobless. The PWA built everything from schools and libraries to roads and highways. The agency also financed the construction of cruisers, aircraft carriers, and destroyers for the navy. In addition, the New Deal program founded the Works Projects Administration in 1939. It was the most important New Deal work-relief agency. The WPA developed relief programs to preserve peoples skills and self-respect by providing useful work during a period of massive unemployment. From 1935 to 1943 the WPA provided approximately 8 million jobs at a cost of more than $11 billion. This funded the construction of thousands of public buildings and facilities. In addition, the WPA sponsored the Federal Theater Project, Federal Art Project, and Federal Writers' Project providing work for people in the arts. In 1943, after the onset of wartime prosperity, Roosevelt terminated the WPA. One of the most well known, The Social Security Act, created a system of old-age pensions and unemployment insurance, which is still around today. Social security consists of public programs to protect workers and their families from income losses associated with old age, illness, unemployment, or death. The Fair Labor Standards Act (1938) established a federal Minimum Wage and maximum-hours policy. The minimum wage, 25 cents per hour, applied to many workers engaged in interstate commerce. The law