Wednesday, May 22, 2019
Irony in ââ¬Ëa Gospel According to Markââ¬â¢
Irony in A Gospel according to Mark How would you feel accepting somebody into your family and allowing them to preach to you when they atomic number 18 not a religious believer themselves? As we learn more in Jorge Luis Borges romance The Gospel according to Mark we find a unparalleled message that there exists some greater power in the universe that punishes those that do preach what they do not believe. Borges uses sarcasm in a background knowledge to realize the importance of knowing what you teach and the potential, in time extreme dangers of not doing so.In 1914 his family moved to Switzerland, where he stu put acrossd at the College de Geneve. The family travelled widely in Europe, including rest in Spain. On his return to Argentina in 1921, Borges began publishing his poems and essays in surrealist literary journals. His work was translated and published widely in the United States and in Europe. Borges himself was legato in several languages. Borges dedicated his fin al work, Los Conjurados (The Conspirators), to the city of Geneva, Switzerland, and it was there, in 1986, that he chose to die (para 2).Early in the story we get an idea for the char phone numberer of Espinosa. Borges says We may severalize him for now as no different to any of the many young men of Buenos Aires, with no particular traits worthy of note other than an close limitless kindness and an oratorical faculty that had earned him several prizes from the English school in Ramos Mejia (186). Espinosa is introduced as a skilled speaker, non-confrontational, who is thirty-three years old. Borges describes him as having no traits worthier of note than the gift for public speaking e didnt like to argue (186). Jesus was renowned for his powerful sermons, peaceful nature, and most of the information available to the highest degree him starts when he is in his thirties. However, the similarities in personality end there, because unlike Jesus, Espinosa is a freethinker, at least i n name, who prefers city living. As we get deeper into the story A gospel according to mark Borges continually relates stories and similaritys in the events that leave a clear indication of Jesus and the Bible.Borges tells the readers ,Espinosa is thirty-three with an almost bottomless kindness and a capacity for public speaking, (187) making him comparable to Christ at the age of His Crucifixion, who had gained followers with his kindness and charisma. Also, Espinosa, who is stranded indoors with the Gutres family after a large flood that is reminiscent of the Biblical account of Noahs Ark. Espinosa is once more comparable to Christ when he cures a pet goat with pills, an act which resembles magic to the rural family.By creating this resemblance to Jesus, Borges manages to keep us thinking how good Espinosa is being towards the Gutres and therefore doesnt give us an opportunity to think of the events that afterward take place. This is all a part of creating the Irony of the story . Borges uses irony to create and intriguing story. As we are becoming more familiar with the story and the role of Espinosa we believe things are moving smoothly between him and the Gutres family. This shows when Borges characterizes the Gutres as Christs followers and writes, as if lost without Espinosa, liked following him from populate to room (186).From this we can see how they have become almost reliant on Espinosa and how much of an impact he has had on them. This is where we start to learn the key irony of the story. Espinosa is not religious and only prays before bed because of a promise he had made to his mother. This is ironic in itself as it makes the Christ figure of the story not religious, causing the reader to believe it strange later when Espinosa begins to read to the Gutres from the Bible. Borges sets the scene later for the even greater irony than to be expected.As readers we expect Espinosa to die of a metaphorical crucifixion, we are taken back to how precise the death of Christ is. The Gutres take the story seriously and dont see it as the story it is but as if it is orders from their Christ figure. When they later on crucify their Christ, this reveals the greater irony of the story which is the man who calls himself a free thinker (187) and is almost ignorant towards religion is actually seen as the Christ figure essentially leading himself and instructing his own death by the Gutres.The lesson that is opened to Espinosas eyes at the end of the story as he realizes what is happening is also one taught to the reader. Both Espinosa and the reader realize, through the ironic situations of the story, the importance of knowing what you teach and the potential, yet extreme, dangers of not doing so. Works Cited Barnet, Sylvan, William Burto & William E. Cain. eds. An Introduction to Literature. 16th ed. New York Pearson, 2011. Print Last name, initial of first name. Title of the article in italics. 24 Feb 2013. Date published. set it was pu blished. Web. URL.
Tuesday, May 21, 2019
Balance in Life
Living in todays fast-paced bearingstyle is a real common scene among us and some sentences we took for granted that our life is no longer in balance wheel. Our appearance of life is already a very stressful one for the reason that we do not actualize do how to balance it anymore. Some of us may able to ask ourselves with what does it feels alike having a balance life? , how can we achieve that balance so we could minimize our stress? , and what is life in balance intend? Defining balance in life is a very vague perception among people.We all encounter different ideas ab stunned the subject and we have different ways of measuring it (Mundell, 2004). Moreover, knowing what balance in life means would also depend on the context of the conversation and the persons viewpoint. (Lockwood, 2003) A figurative definition of balance refers to a big-picture notion of our lives as a whole. (MSN Arabia, 2005) We try to define balance by comparing our normal daily activities with an add itional tasks, like for instance of being a mother, a wife and going on a job. Achieving this balance in life is through adjusting our priorities and knowing what is grave to us.As a mother, a wife and a worker/employee, we try to balance the conflicts that exist between the contract for security with work and the need to satisfy our family. (MSN Arabia, 2005) We define balance in life as it relies on our desire to feel successful both at work and our ain life at the same(p) succession. (Mundell, 2004) counterbalance in life could mean having a balance diet also. Our body needs a well balanced diet, like good supply of carbohydrates, especially high-fiber foods, water, vitamins and minerals, a certain amount of protein, fat, and bacteria.Thus, in preparing our meals, we can control what we are going to add on it and what we are going to cut back, like adding more fruits and vegetables to our food and cutting back those saturated fats. (MSN Arabia, 2005) Balance in life also af fect achieving physical balance both internal and external, thus, when we are able to achieve that physical balance, we can profit a sense of beauty. Because natures follow a balancing act, when we attain physical balance, we become more resplendent in the eyes of the beholder. (MSN Arabia, 2005)Generally, when we speak about balance, what comes into our mind is the management of time. Sometimes we always run out of time for ourselves, we always gave this time for other people especially for our love ones. When we already have to do something for ourselves to make us better, we always makes excuses that we are busy enough that we do not have time to do it, and we are tired of doing it. Continuing this unhealthy habit of time management would just make our task or work unproductive, even worst we could also make the people around us feel ungrateful.Thus, if we both have balance in life and time management in consistency with each other, we can have effectiveness in everything we d o. We could find a room and a time to do everything that we have it off. Finding time for ourselves benefit us of self-confidence and pride in ourselves. (MSN Arabia, 2005) Balance in life could also mean helping conquering our limitations. Since fears set our limitations of doing something we love to do, we get frustrated in life by not achieving what we want. Once we can conquer that fear we are facing, our lives gets easier and we can enjoy being ourselves.We could accept our limitations at present but we could look forward improving it. Finally, balance in life means achieving a fulfillment. We need to balance ourselves such that the various elements in our life decoct on our fulfillment, to help us eventually reach a level where we can pursue our personal desires. (MSN Arabia, 2005) We need to work in balancing our life or else we will lose the balance of body, mind, and soul. Sources MSN Arabia, (2005). Adding Balance Back to Life. Retrieved March 27, 2007, from MSN Arabia W eb site http//www.arabia. msn. com/Family_Home/health_fitness/17/ Mundell, Heather (2004, November 9). Ending the Battle for Balance. Retrieved March 27, 2007, from egogrowth. com The Online Self Improvement Encyclopedia Web site http//www. selfgrowth. com/articles/Mundell1. html Lockwood, Nancy R. (2003, June). Work/life balance challenges and solutions 2003 Research Quarterly. HR Magazine, Retrieved March 27, 2007, from http//findarticles. com/p/articles/mi_m3495/is_6_48/ai_102946878 (Lockwood, 2003)
Monday, May 20, 2019
Food assignment SC300 Essay
Do you ever wonder where your food comes from? There be so many different and yummy foods out there for us to enjoy, but it is also good for us to know where they come from. There are many things to consider when choosing the food you consume scotchal and boorish research, animal health, water resources and the importing and exporting of your food. In spic-and-span York there are many farmers markets completely year round that help distribute much of the fruits and ve constructables while still using imports from other countries.The USDA, unite States Department of Agriculture, provides us with many guidelines on the importing process. When importing meat, bird and eggs there are five basic steps to follow it must originate from certified countries, the APHIS, the Animal and Plant wellness Inspection Services, must be contacted, countries and establishment become eligible by a equivalence last process, goods have to reach the labeling requirements and after meeting these ex pectations it then is inspected matchless last time by FSIS,Food Safety and Inspection Service. There are certain countries that are eligible to export meat, poultry and eggs to our country. Canada is actu onlyy the only country to produce eggs for the U.S. For meat and poultry we can lift up our goods from a variety of countries from Australia to Uruguay.The packaging of meat, poultry and eggs is also important, the U.S. Food and Drug Administration approves all food packaging material before being shipped. The manufacture has to send a petition on with the food ready to be shipped. Packaging materials entering a meat or poultry whole works must be accompanied or covered by a guaranty or program line of assurance from the packaging supplier. The guaranty must state that the material complies with the FFDCA. It must also state the make name, supplier, and conditions for use, including temperature and other limits (New York State). With following all the steps properly we shoul d be able to receive and consume bouncing food.New York State Department of Agriculture has guidelines to disturbing food locally, country wide and international. As a food distributer you have to be licensed and registered. In New York there are legion(predicate) amounts of farmers markets working together to distribute fresh healthy food to the people, all year round. Fruits and Vegetables are among the important components of the farmers markets. They provide activities and services to get the food to schools, factories and get them ready for international trade. And all food goes by means of the proper inspection before the selling of it. New York farmers markets are very thorough in that they deem you list of when and where the markets will be held and what times of the year certain products will be available.There are also ecological and economic advantages and disadvantages to locally grown food and imported foods. In New York one of the disadvantages in eating the local ly grown food is that some of the lakes surrounding us are not fresh. Some of them are contaminated to the point that you cant swim in them. It creates a chemical and physical imbalance within the ecosystem forcing New York to outsource water from the bigger lakes, like the Great Lakes or the Finger Lakes. So making authorized that the water resources we have are fresh and ready for inebriety and the watering of the crops is important. Thats where the advantages come in and there is endless supply of fresh water for the crops and drinking.The ecosystems bear better with the fresh water and the food web can establish itself. When we look at the advantages and disadvantages from an economic stand point in New York the atmospheric condition can become a common denominator. The weather in New York can be drastic in the winter with the Lake effect just hold to kick in. But, New York is also known for the farmers markets that are all year round. The summers are hot and the winters a re bitterly cold but with all the farming land surrounding the big NY its voiceless not to take advantage of the weather.When we think about our food and all the options we have how do we subside whats better for our families? We have choices to make when purchasing foodwhen we buy chicken do we get organic or not? These choices do impact us globally hence Think Globally, sour Locally. Our environment is important and its also the nesting ground for our food source.We as the people should make sure our actions and decisions gear toward protecting the world we live in. When purchasing our food I do believe that the best would be organic. It supplies our animals with the healthiest appetite to provide the best produce to us. Farmers markets are the best way to support your township or community and making sure you also are getting healthy food for you family. Everything plays isolated with something else and making sure we do our part would be making sure we are the healthiest w e can be.ReferencesNew York State. (n.d.). Department of Agriculture and Markets. In New York State Department of Agriculture and Markets. Retrieved September 30, 2013, from http//www.agriculture.ny.gov/TheDepartment.html.Trefil, J., & Hazen, R.M. (2011). The Sciences An integrated approach. Hoboken, NJ John Wiley & Sons, Inc.USDA. (n.d.). Importing Goods. In United States Department of Agriculture. Retrieved September 30, 2013, from http//www.usda.gov/wps/portal/usda/usdahome?navid=IMPORTING_GOODS.
Sunday, May 19, 2019
Aloha Case Essay
1. What should be Alohas competitive strategy?Low greet? It is difficult for Aloha to compete with the industry giants like Nestle, P&G and Phillips Morris on low hail. The cogitate is simple volume. These industry giants have much higher volume than Aloha and enjoy a big advantage in economies of scale. It is probably suicidal for Aloha to try to adopt a low cost strategy. It will probably be crushed like an ant, unless the giants play oligopolists and charge high prices to maximize profits. distinction i.e., selling epicurean coffee bean a la. Starbuck? It is probably easier for Aloha to position itself as a gourmet coffee maker, catering to the yuppie type and charging a premium price for a coffee experience dissimilar from that offered by regular brands. Differentiation seems to be the choice strategy for small companies in that its success does non rely on size or volume eachone with little resources but a great humor can be the David that slays the industry Goliaths. Examples abound Ben & Jerry in ice cream and Paul Newman in spaghetti source. In fact, while the case tells us little in this regard, I suspect that Aloha has been able to exit in this competitive industry for all these years and seems to be thriving entirely because it started out occupying a special trade niche and positioning its coffee as a gourmet brand.2. How should the roasting plants, and trade and buy surgical incisions be evaluated?Roasting Plants Given the differentiation strategy, the roasting plants should be toughened as a profit center, as it is already flat. That is because the differentiation strategy can be successfully implemented merely if the gauge of the coffee lives up to its image as a gourmet brand, and evaluating plant managers on profit, or else on cost alone, motivates the managers to constantly improve the quality of the coffee and maintain it at high levels. In contrast with plant managers evaluated on cost alone, plant managers evaluated on p rofit are penalized if they sacrifice quality on the altar of cost minimization when quality declines, so will revenue and profit.On the separate hand, if Aloha pursues a low cost strategy, then the plant managers should be evaluated on cost view as alone. For a firm adopting a low cost strategy, volume is the king in order to get economies of scale and the customers targeted are less conscious of the quality of the coffee brands they drink. Thus, keeping cost down would be the primary objective for the plant managers.Marketing Department Since Aloha positions itself as a gourmet coffee maker, the objective for the trade subdivision is to keep both the price and gross margins high. Volume would not be very important as the firm knows that it only appeals to a limited group of coffee connoisseurs. Thus, the grocery storeing department should be treated as a revenue center and annual evaluation of its consummation should be establish on a comparison of actual prices with target prices. Alternatively, marketing could be treated as a pseudo profit center with its profit defined as sales disconfirming standard cost of coffee sold.If a low cost strategy is pursued, then the marketing department should be treated as a revenue center as well. But the focus now is on volume, or more precisely, volume growth. Thus, the marketing manager and his lieutenants should be constantly reminded of the importance of sales growth over time and be rewarded for good sales growth.Purchasing Department The purchase department currently purchases coffee on both the spot and anteriors markets. The policy is to make purchase commitments (forward contracts) based on maximum potential plant requirements and sell the rest on the spot market. That sounds like speculation. unrivalled may argue Aloha should meet its need for coffee beans only on the spot market and refrain from the speculation business, which is distracting attention from is main business grinding and selling gour met coffee. A foretell argument is that good coffee traders probably can spot market trends others cannot and are able to sign on the cost of coffee beans by purchasing forward contracts. I question that argument because it is doubtful that any market participants can beat the market and consistently purchase coffee beans on the forwards market at a lower cost than on the spot market.One drawback of the policy of buying forward contracts is it allows the purchasing department to transfer the most costly coffee beans to the plants and make the plants shoulder losses from their craft mistakes. Buying on the spot markets means that the purchased amount is equal to the need of the plants for coffee beans, and thus the purchasing department would not be able to burden the plants with high-cost beans and keep low-cost beans for themselves to boost trading profit.If the purchasing department is forbidden to play the forwards market, performance evaluation for the department is easy. It would be treated as a cost center, and the cost it incurs for coffee bean purchases will be compared with market price averages in the periods that the purchases take place.
Saturday, May 18, 2019
Nursing Home Adminstrator Essay
As an administrator of a nursing home, the facility had honourable received announcement that the association is being purchased by a national group. As of a new-fangled policy to be implemented, a number of the populace will be displaced. Some of this populace demand difficulty communicating, have no family that is close, and have non indicated that they support the reasonable of their medical information. Preparations ar indispensable to be made for these individuals. Before making any preparations for these tolerants, there are quite a a couple of(prenominal) factors in place such as communication methods with patients.We must take notice that every patient is diverse, and each patient communicates on different levels or none. We must not remember that communication is a progression that will engage exchange of information, judgment and emotions. The types of communication that can be used in this condition in dealing with patients that have complexity parallel or have tro ubles in last making would be, oral and Nonverbal. Verbal communication would involve speaking plain and in non ruthless tone. Which is mandatory to every condition no matter if the patients in consistent or not.Non-verbal is a communication arise that can be used on patients that are hearing impaired and mute. This would take account of apply body language, sign language, signboards, and even sketches or paintings. We also need to acquire notice in communicating with further facilities, doctors, and health care providers. The advantages in traditional methods of communicating public were much on a individual base by having face to face consultation, phone calls, postal letters, and everything was documented by hand.The impairment to this would be loss of documents, calling the wrong provider or patient and releasing personal health information (PHI) to the wrong person. The most significant advantage in this characteristic would be that patients and providers be more on an ag reeable level. at that place are advantages and disadvantages of using traditional, electronic, and social media for health care communication. Social media these old age can lift responsiveness, and expand knowledge of a topic.Traditional communication and social media may not be able to meet up the entire communication goals that are individual addressed, or be able to objective all of the audiences requirements that are being requested. Due to the current magnification of negative side effects that have been reported to the national drug manufacturer there are numerous ways that will reach out to the media in circumstances to the situation at hand. There are traditional, electronic, and social media forms of communication all at each will be provided for the proper information.
Friday, May 17, 2019
Children in Conflict with Law: Scenario of Crimes Committed and Justice Delivery System for Juveniles in India Essay
As per the recent bailiwick of the guinea pig Council for Protection of Child Rights (2013) that in that respect are approximately 32,000 kidren a year at any(prenominal) extremum of time as Children in negate with the integrity. Within this smaller universe, looking at NCRB information for 2012 the report find that 8569 boorren were dig for get through, attempt to murder, rape and theft which is ab bug out 25.45 %. Further, as against all forms of crimes put down each year, NCRBs compilation of data reflects that juvenile crimes for the age 2001 and 2012 accounted for 16509 and 33668 which is solitary(prenominal) 0.9 % and 1.3 % dower respectively of the keep down crimes committed in the country. The fact that there is tho a miniscule number of children in conflict with impartiality and that too that they wee not been given protection has to be factored in while discussing every reduction in while or affix in punishment of the juvenile (NCPCR, 2013).juvenile j uvenile evil during 2012As per the data provided by NCBR, in 2012 there was attach in the number of juveniles apprehended for committing to the highest degree all the types of cognizable offences over 2002 and quinquennial aver bestride during that period (Table 1). From the table it appears that the increase in the juvenile apprehended for diverse offences in absolute terms is very little than what appears in percent. For example there were only 33 cases of counterfeiting put down during 2012 but it shows increase of 1000 percent over 2002. Further there was 333.3 % increase in 2012 in death caused due to negligence over much(prenominal) cases recorded during 2002. Most of these cases were associated with heady motor vehicle driving. Table 1.1 Comparison of select offences committed by juvenile inattentives during 2007-12 in India zero(prenominal) Type of Offence Quinquennial Average Offences Recorded inPercent increase Percent increase offences recorded 2012 over QA av erage over crime recorded during 2007-11 in 2002 1 Murder 765990 29.4 86.4 2 render to commit murder 580 876 51.5 86.8 3 Preparation and assembly for 62 92 47.9 100 Dacoity 4 Dacoity 137 174 176.2 176.2 5 Robbery 516 767 270.5 270 6 Death due to negligence 161 260 61.3 333.3 7 Counterfeiting 14 33 132.4 1000 Causes of juvenile delinquencyOf the mixed factors affecting the juvenile delinquency socio-economic thoughtfulnesss of the children are considered to be of around importance. In the year 2012 a sum of 39822 delinquents were apprehended beneath various offences. It was found that there is mail correlation with the economic term of the delinquent. With increasing income of the family there was reduction in the number of delinquents apprehended for various offences. Fig. indicates that during 2012 of the total delinquents apprehended in the country 52 % were belonging to lower income root word having annual income of less that Rs. 25,000/-. The part of d elinquents nullifyd with the increase in the annual income of the parents. Thus there were only 0.84 % delinquents belonging to amphetamine income group having annual income of more than Rs. 3,00,000/-. Similar situation was find in Gujarat where of the total (2406) delinquents apprehended 71 % belonged to the lower income group having annual family income less than Rs. 25,000/- while in the upper income group (annual income more than Rs.3,00,000) there was no child recorded to be in conflict with law.As per the data provided by NCRB (2012) delinquency in the children is alikeassociated with the educational status of the children. The children who have never attended any school (illiterates) and those who have attended the school for a short period (having received star(predicate)ry education) represent 60 % of the total delinquents (illiterates -14 % and primary education- 46 %). As against earlier reports (Mishra-), the NCBR report of 2012 states that during 2012 the percentag e of illiterates in the total delinquents was a unblemished 14 %. The percentage of delinquent having received secondary education than was reported to be 31 %. The percentage of delinquents who have received higher education was to the lowest degree. Figure 1 shows the overall picture of educational status of the delinquents apprehended during 2012 in India. Similar situation was observed in the case of delinquents apprehendedAlso the age and sex of the delinquent plays a very fundamental role. During 2012 of all the juveniles apprehended for various offences 66.5 % were belonging to the age group 16-18 years. Moreover, there was increase of 22.2 % in the juveniles of age group 16-18 years apprehended on a lower floor IPC and some other SLL in 2012 over 2011. Also of the total juveniles apprehended since 2001 to 2012 the percentage of girls has never exceeded 7 %. It was 5.9 % in 2012. The increase in number of juveniles of the age group 16-18 years associated with various cri mes including murder attempt to commit murder rape kidnapping dacoity burglary theft etc., and the rout rape of a girl in Delhi had light-emitting diode many activists to approach the efflorescence speak to with a petition to reduced the age of juvenile as defined in S. 2(k) of the Juvenile Justice (Care and Protection) subprogram, 2002.The event of gang rape of a 23-year-old girl in Delhi in December 2012 wherein a juvenile was angiotensin-converting enzyme of the incriminate had created uproar. Among other things, petitions were filed in Indias self-governing Court to examine the constitutional validity of a provision of the Juvenile Justice (Care and Protection of Children) flirt, 2000 that treats a person younger than 18 years as a minor for crimes committed. The imperative Court refused to reduce the age of juvenile from 18 to 16 years and dismissed a plea that minors twisting in heinous crimes should not be protected under the law. On 17th July 2013 a workbench hea ded by then Chief Justice Altamas Kabir said that interference in Juvenile Justice Act is not necessary and dismissed a batch of PILs which were filed in the aftermath of the December brutal gang rape and murder case in which a minor was also allegedly involved. The fact that of the percentage of delinquents in the total crimes committed in the country is around 1.0 % and that at the age of 16-18 years boys are more aggressive justifies the line of merchandise of keeping the age of juvenile as per the existing provisions of the JJ Act. An argument put forward by the sociologist that the child in care of parents is less exchangeablely to become delinquent than those having no parents or living with guardians or homeless is not applicable in cases of juveniles apprehended for committing various offences during 2012. There were more than 81 % of the delinquents (Fig.-) living with their parent who were apprehended during 2012. Thus living without parents is not a cause for Disposal o f delinquents casesTo ensure speedy proceedings, the JJ Act specifies that proceedings shall be correct within a period of four months from the betrothal of their commencement, but with exceptions if the period is extended by the be on having regard to the circumstances of the case and in special cases after recording the reasons in writing for much(prenominal) extension. This caution permits cases to languish in the system indefinitely (Rickard, 2008). The figures given by NCBR indicates that there are a total of 10721 cases pending with various JJ calling cards that accounts for 36.84 % of the cases admitted in these boards. Thus there is a need for quick inclination of pending cases. The data provided by NCBR (2012) show that there are a few states where the rate of governing body of cases is very high (e.g. Tamilnadu- 81 %) where as in other states it is not so (Haryana 38.15 %). In states like Jammu and Kashmir the disposal of cases is very slow (12.2 %).View of merid ian Court on punishmentAnother important question that requires urgent attention is that large numbers of cases of juvenile were tried in regular Court having criminal jurisdiction and where ever the courts have found the incriminate guilty, sentences have been awarded. The provision of S. 7 of the JJ Act regarding determination of the age of the accused is overlooked in such cases. At later stages when the accused comes to get laid almost his/her right as juvenile fresh appeals are filed in the High Courts or the Supreme Court. In one of such cases M B Lokur J. of the Apex court had to decide three issues (Jitendra Singh Baboosing and ors. Vs. put forward of Uttar Pradesh on 13th July 2013- unreported). 1. Whether the appellant was a juvenile or a child as defined by Section 2(k) of the Juvenile Justice (Care and Protection of Children) Act, 2000 on the date of occurrence of the offence he was charged with. 2. Whether the conviction of the appellant can be sustained on merits and, if so, the sentence to be awarded to the appellant. 3. Whether any appropriate measures can be taken to prevent the recurrence of a situation, such as the present, where an accused is subjected to a footrace by a regular Court having criminal jurisdiction but he or she is later found to be a juvenile.Considering the facts of the case, provisions of the JJ (Care and Protection) Act 2002 and after taking in to consideration past judgements of the apex courts Lokur J. decided that 1. The documentary evidences (school admission register) and medical examination proves beyond question that the appellant was about 17 years of age when the incident had occurred and that he had set up a claim of macrocosm a juvenile or child soon after his arrest and beforehand the charge sheet was filed. In other words, the appellant was a juvenile or a child within the meaning of that expression as defined in Section 2(k) of the Act. 2. Also majority of children dealt with under the JJA come fro m the lowest wealth strata and do not have a birth certificate. The medical report provides a range of age and does not determine it accurately giving a wide discretion to the judges who determine the age using various factors (Ved Kumari, 2009). 2. Based on the evidences presented by the prosecution it was held by both the sessions and the High Court that the case of causing dowry death had convincingly been made out against the appellant. Therefore, the conviction was upheld by the Apex Court. 3. While honor the sentence to the appellant who was juvenile on the date of commission of crime, the Apex Court noted that there existed many views a. Conviction was upheld but the sentence quashed (Jayendra V. enounce of Uttar Pradesh (1981) 4 SCC 149). Similarly in Bhoop Ram v. State of U.P. (1989) 3 SCC 1, Pradeep Kumar v. State of U.P., 1995 Supp (4) SCC 419, Bhola Bhagat and other v. State of Bihar, (1997) 8 SCC 720, Upendra Kumar v. State of Bihar, (2005) 3 SCC 592, Gurpreet Singh v. State of Punjab, (2005) 12 SCC 615, Vijay Singh v. State of Delhi, (2012) 8 SCC 763. b. In another category of cases the Apex court had upheld the conviction but the sentence awarded was modified to the period of detention already undergone e.g. Satish Dhanna v. State of Madhya Pradesh, (2009) 14 SCC 187 and in Dharambir v. State (NCT of Delhi), (2010) 5 SCC 344. c. In a third category of cases wherein the juvenile against whom conviction was proved, appeal against his conviction was allowed and the entire case remitted to the Juvenile Justice Board for disposal in accordance with law e.g. Hari Ram v. State of Rajasthan, (2009) 13 SCC 211 and Daya Nand v. State of Haryana, (2011) 2 SCC 224. d. In yet another category of cases the apex court upheld the conviction but sent the entire records of the case to Juvenile Justice Board for awarding suitable punishment e.g. Ashwani Kumar Saxena v. State of Madhya Pradesh, (2012) 9 SCC 750.Considering the provision made in Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000 in the instant case the matter was referred back to the Juvenile Justice Board for award of punishment.Regarding the preventive measures to be taken to avoid such situation the Apex Court observed that every Magistrate before whom an accused is produced to set, in the first-class honours degree instance or as soon thereafter as whitethorn be possible, whether the accused person is an adult or a juvenile in conflict with law. The reason for this, obviously, is to avoid a two-fold difficulty first, to avoid a juvenile being subjected to procedures under the normal criminal law and de hors the Act and the Rules, and second, a resultant situation, where the trial of the juvenile is required to be set aside and quashed as having been conducted by a court not having jurisdiction to do so or a juvenile, on being found guilty, going unpunished. This is necessary not only in the best interests of the juvenile but also for the bet ter administration of criminal justice so that the Magistrate or the Sessions Judge (as the case may be) does not waste his time and energy on a trial. 1. Every Magistrate must ascertain that when an accused is produced before him, and if the Magistrate has any iota of doubt about the juvenility of an accused produced before him, Rule 12 provides that a Magistrate may arrive at a prima facie conclusion on the juvenility, on the basis of his physical appearance. In our opinion, in such a case, this prima facie opinion should be recorded by the Magistrate. An interrogation into the juvenility of the accused must be done at an early stage preferably on first production. 2. Due to the poor socio-economic condition of the juvenile the court observed that it is difficult to expect a juvenile in conflict with law to know his rights upon apprehension by a police police officer and if the precautions that have been suggested are taken, the best interests of the child and thereby of society will be duly served. Therefore, it may be presumed, by way of a benefit of doubt that because of his status, a juvenile may not be able to raise a claim for juvenility in the first instance and that is why it becomes the duty and responsibility of the Magistrate to look into this fount at the earliest point of time in the proceedings before him.We are of the view that this may be a satisfactory way of avoiding the recurrence of a situation such as the one dealt with. 3. Attention may be drawn to Section 41-B of the Code which requires a police officer do an arrest to prepare a memorandum of arrest which shall be attested by at least one witness who is a member of the family of the person arrested or a respectable member of the neck of the woods where the arrest is made. The police officer is also mandated to inform the arrested person, if the memorandum of arrest is not attested by a member of his family, that he has a right to have a coitus or a friend named by him to be infor med of his arrest. 4. Every police officer making an arrest is also obliged to inform the arrested person of his rights including the full particulars of the offence for which he has been arrested or other grounds for such arrest (Section 50 of the Code), the right to a counsel of his choice and the right that the police inform his friend, relative or such other person of the arrest. 5. According to the provisions of S. 54 of the CrPC when any person is arrested, it is obligatory for the arresting authority to ensure that he is got examined by a medical officer in the work of the Central or the State Government or by a registered medical practitioner. The medical officer or registered medical practitioner is mandated to prepare a record of such examination including any trauma or mark of violence on the person arrested. 6. If these procedures are followed, the probability of a juvenile, on apprehension, being shown as an adult and sent to judicial custody in a jail, will be well minimized. If these procedures are followed, as they should be, along with the requirement of a Magistrate to examine the juvenility or otherwise of an accused person brought before him, subjecting a juvenile in conflict with law to a trial by a regular Court may become a thing of the past. 7. The Court also order that whenever an accused, who physically appears to be a juvenile, is produced before a Magistrate, he or she should form a prima facie opinion on the juvenility of the accused and record it. If any doubt persists, the Magistrate should conduct an age inquiry as required by Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 to determine the juvenility or otherwise of the accused person. In this regard, it is better to err on the side of caution in the first instance rather than have the entire proceedings reopened or vitiated at a succeeding stage or a guilty person go unpunished only because he or she is found to be a juvenile on the date of occurrence of the incident.ConclusionOver the years the number of children orgasm in conflict with law is increasing and percentage children in the age group of 16-18 years apprehended for committing various offences is also on rise. Poor economic condition of the children coupled with no education or less education is considered to be the important factors for this. The demand for reducing the age of children coming in conflict with law from 18 years to 16 years has rightly been refused by the Apex Court. The Apex Court has also suggested that the provisions of Ss 41-B, 50 and 54 of the CrPC be followed strictly to avoid the trial of juvenile with regular Court. If the Magistrate before whom the delinquent is produced has slightest doubt about the age of the accused, he must ascertain it as per the provisions of S-7 of the JuvenileJustice (Care and Protection) Act, 2002. References1. Altmas Kabir CJI, S S Nijjar J. And J. Chelameswar J (2013). Writ petition (C) N0. 10 of 2013. Jud is.nic.in/supremecourt/imgd1.aspx?filename=40584. Last accessed on 13th Aug. 2013. 2. Mishra B N (1991) Juvenile Delinquency and Justice System, Ashish print House, New Delhi, India. 3. National Crime Records Bureau (2013) Crime in India 2012, www.ncbr.gov.in/ Last accessed on 13th Aug. 2013. 4. NCPCR (2013) position of Children in 14-18 Years Review Of Policy, Programme and Legislative Framework 2012-2013. 5. Rickard Erika (2008) Paying lip service to the conquer Juvenile Justice in India, Harvard Human Rights Journal 21 155-166. 6. Supreme Court (2013) Jitendra Singh Baboosing and ors. Vs. State of Uttar Pradesh on 13th July 2013- unreported. www.indiankanoon.org/doc/70248453/ Last accessed on 13th Aug. 2013. 7. Ved Kumari (2009) Juvenile justice Scuring the rights of children during 1998 2008. NUJS L. REV.557-572.
Thursday, May 16, 2019
Characteristic and performance of the video game Industry Essay
A elaborate depth psychology of the video games patience, the relationship mingled with the console, the developer and the gamer and the case studies of Nintendo, Sony and Microsoft has conclusively proved the hypothesis that a symbiotic relationship exists in the video games diligence between the console, developer and the consumer which impacts on the overall growth and performance of the concern and forget also have an effect on future trends.A survey of data analysis go out reveal that there are excellent prospects for growth of the console video gaming industry despite threats from other areas of the same business such as online and mobile gaming. The details of the research resolution and the salient conclusions and recommendations are as per succeeding paragraphs. The overall growth of video and computer games world roomy is likely to grow from $ 27,000 meg to approximately $ 54, 000 million or double during a period of lead years from 2005 to 2008.The console video g ames industry is set to grow from $ 15,000 million in 2005 to over $ 20, 000 million in 2008. This is a growth of over 30 percent which is likely to surpass the growth in all other segments of entertainment. This growth is driven by the popularity of console games in general as wellspring as certain technological factors such as development of online console gaming facilitated by upgraded consoles and wideband connections which can facilitate easy transfer of images and videos.Apart from this economic factor, there are other wakeless changes which will come about in society as predicted by Doug Lowenstein who has indicated that it would transform the thoroughgoing kindly and cultural thinking in the years ahead. (Conference, 2000). The numerous voices raised against the growth of video games and their influence on children in America has decried the growth of this industry. Such protests and developments will certainly affect the growth of the video industry and it is likely to create more benign games in the future.Of greater concern to social scientists is the inculcation of hyper rival and deviant sexual values in children due to games. (Squire, 2002). This issue is likely to place pressure on the gaming industry to ensure that it follows the norms set by bodies such as the industry content regulator, enjoyment Software Rating Board (ESRB) in America. Another important facet is content creation and retail online. This mode will develop at much faster pace than at present. This will alter greater participation of gamers and will consolidate the existing relationship between the console, the developer and the gamer.Technology as the MMOG will further boost the growth of the industry as well as the relationship between the support holders in its growth. Relationship between console, developer and consumer The research has conclusively established a positive relationship between console, developer and consumer. Video gaming is a highly interactive proce ss in that there has been a total shift in the relationship between the producer of goods, the developers of content and those who are partaking off that content, the gamers. This relationship has fashion of mutual support rather than of give and take.The mediums used for such an interaction have been consciously develop in some cases as Nintendo which started with a special magazine and has now come up with different other actions to support the developer as well as the consumer in providing the company effective inputs for development of games. A similar trend has been observed in the case of Sony and Microsoft. The growth of the internet has further added to the impetus and this will be supplemented by on line gaming which is providing gamers an opportunity to respond actively to their entertainment requirements.The reception of all companies has been active in fostering this relationship. The other aspect is the active involvement of console and developers. temporary hookup all major console producers have in house developers, they are including the information technology teras Microsoft actively seeking the assistance from external developers. Companies have fostered special programs as Game Play Counselors and Digipen to knead the loyalty of the developer community along with community participation program called as NSider forum by Nintendo.
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