Critically consider all arguments concerning spousal compellability and conclude whether or not it is justifiable.
In 1940, Wigmore described the rule that spouses should not be compellable as: �the merest anachronism, in legal theory, and an indefensible obstruction to truth, in practice.� 1 Whereas Lord Wilberforce stated: �to allow her to give evidence would give rise to discord and perjury and would be, to ordinary people, repugnant.�2 These are two very differing opinions, highlighting the fact that spousal compellability is a highly debatable area of law. Under section 80 of the Police and Criminal Evidence Act 19843 (PACE), spouses are non-compellable unless the offence is one which is specified.4 This spousal privilege has sparked intense criticism and renders the justification questionable. Utilising academic opinion, case authority and relevant sources, I will critically consider all arguments concerning spousal compellability and conclude whether or not I think it is justifiable. Hoskyn v Metropolitan Police Commissioner5was the first significant step towards the PACE. This case concerned a marriage two days before the trial date, the defendant was convicted and he appealed on the grounds that his wife should not have been a compellable witness. The House of Lords ruled that when her husband is charged with violence against her, she is competent but not compellable. There were dissenting judges and vast criticism because of this decision and this
Elderly people in Residential Care.
Elderly people in Residential Care The New Labour Government is committed to raising the care service standard for elderly and children. On taking office in 1997, the government acknowledged there are many problems and failures in the care service left by the Tory legacy. Labour decided to modernise the service to counter the problems and crisis faced in the care service. Policy consultants of the Better Service Task Force are reviewing a wide-ranging of current welfare provisions in the UK. This report aims persuade the government as part of the modernisation programme there is a need to bring a change in the Residential Care for elderly as there has been a growing concern at the poor level of service provided in institutional homes. Care homes should provide a quality of service meeting the needs of the residents as in a normal setting. However, the institutionalised nature of the care has many negative impacts on the residents' as they perceive it is as negative form of care and a service denying independence, autonomy, privacy, power and other principle of human rights. Elderly are abused and neglected in some care homes while large proportion of staff caring for them are untrained and incompetent in caring. Funding for elderly care is major issue, on one extreme elderly are being forced to pay for care and on the other local authorities struggle to manage service within
Unpicking the monstrous: A Psychoanalytic and Marxist analysis of Alien.
Contents Title Page: Page 2 Analysis: Pages 3-12 Conclusion: Pages 12-13 Bibliography: Page 14 Name: Liam Stott English and Film & Media Studies Level Two Unit Title: FS299 - Critical Approaches to Media Research Unit Tutor: Marc O' Day Course Leaders: Marc O' Day/Melanie Selfe Assignment 2: Negotiated Essay 'Unpicking the monstrous: A Psychoanalytic and Marxist analysis of Alien.' Barbara Creed states that the convergence of psychoanalysis and cinema studies initiated at the end of the nineteenth century. Since the 1900s, psychoanalysis has endured a complicated history because of its elusive concepts and theoretical influences, particularly in post-1970s psychoanalytic film theory. Throughout the 1970s, psychoanalysis informed and contributed to other cinematic critical approaches such as post-colonial theory, queer theory, feminist film theory and body theory (Creed in Hill and Gibson, 2000: 75-77). Alien (dir. Ridley Scott, 1979) is a significantly psychoanalytic film, symbolically underpinned by a range of psychoanalytic notions such as sexuality, the unconscious, phallicised, primal phantasies (Lebeau, 2001: 7), the woman as an actively sadistic monster and the cinematic voyeuristic male gaze at the expense of female sexual objectification (Taylor in Jancovich and Hollows, 1995: 151). However, Alien cannot only be interpreted through the critical approach
Is History a Nightmare
'History' Stephen said, 'is a nightmare from which I am trying to awake' (James Joyce, Ulyssess). Is history a 'nightmare' and, if so, is it possible to awake? History has been represented by some as a triumphal march. As a progressive, unlinear, emancipating process. Fukyama, for instance, has heralded liberal democracy as the 'end of history'; while orthodox Marxism also posits a liberating 'end goal' in the form of 'communism'. History is understood as teleological and determined; a dream. It will be argued that history is more accurately understood as a 'nightmare'; as contingent and determined by conflict or struggle within specific networks of power-relations. In this respect, crude, reductive, teleological understandings of history are rejected, in favour of those that analyse history as based on contingent inter-relationships between structure, agency and discourse. Paradigms such as historical materialism, post-structuralism and critical-discourse analysis will be drawn on to show how relations of power and domination are constructed through conflict. It is these relationships which are the 'nightmare' of history; the nightmare of 'power' and the 'conflict' over it.1 Historical scholarship in historicising social relationships, de-naturalises relationships of power and showing the agency of historical actors can act as a critique to past and present
Criminal Law - Problem Question - Homicide
Assignment No.2 "Alan, a soldier, was home for the weekend. He possessed several rifles. In a drunken argument with his father, Brian, as to who was the better shot with a gun, Brian threatened to break Alan's nose. Alan was afraid of his father but he was the first to load one of the rifles and, a little wobbly on his feet, took aim at Brian and, in haste, shot and injured him. Feeling shocked, Alan fired a second shot at an expensive vase which shattered. Alan managed to call for an ambulance but the ambulance was delayed by a freak storm. Eventually, Brian arrived at hospital where his injuries were treated. After several days he developed an infection in the wound. He was treated by Doctor Chris with an antibiotic to which Brian was allergic. The next day, seeing that he was no better, Doctor Chris administered more of the same antibiotic to Brian in extremely large doses. That night, weak, delirious and close to death, Brian jumped out of the window when he saw the doctor approaching. He fell two storeys to the ground and was killed. Alan confessed to the police that he had lately been hearing voices and believed that his father Brian was the devil. He had not wanted to kill but had wanted to frighten his father. Doctor Chris confessed to the police that he was diabetic and had not had time to eat properly after taking his insulin. Discuss the liability of
The problem for unpaid carers is that they have few rights and resources but many roles and responsibilities. Discuss this statement in the context of entitlements and support for carers.
The problem for unpaid carers is that they have few rights and resources but many roles and responsibilities. Discuss this statement in the context of entitlements and support for carers in 2010. Within this essay I aim to explore the valuable role unpaid carers play, their responsibilities, rights and entitlements. To do this I aim to examine the impact their caring role can have on their life, in terms of giving up employment, social activities, emotional and physical health and the lack of funding available for them to cope. The current legislation and recent polices will be examined to explore how they have developed to focus on the rights and recognition of unpaid carers. I hope to highlight the importance of the caring role and how new strategies and support needs to be implemented to enable carers to have a life alongside their caring role. Around 6.8million adults in Britain are carers. They provide care and support, on an unpaid basis, to relatives, friends and neighbours who are sick, disabled or elderly and who would not otherwise be able to manage (Brammer, 2010). For such a long time, carers have been almost invisible – taken for granted by those who provide services, or patronised, or (worst of all) treated as ‘part of the problem’. Carers make sacrifices of money, energy and time, and have been left unsupported, right up to the point where their own
Critically analyse the Representation of the American Dream in American Beauty and Rocky.
The University of Adelaide Politics, Power and Popular Culture Major Essay November 2009 Marius Zanin a1141224 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of Happiness' (The Declaration of Independence, 1776). Critically analyse the Representation of the American Dream in American Beauty and Rocky. The American Dream is 'that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement' (Adams 1931). 'It is a desire of people to be recognised by others for what they are, regardless of the fortuitous circumstances of birth or position. It is to dream of opportunity and success, with the promise that regardless of ascription or background (race, class, gender) hard work and fair play will almost certainly lead to success' (Cao 2009). It definitely sounds appealing and therefore it's no surprise that the storyline of the American Dream plays a role in many popular Hollywood films. Some films, such as Rocky (1976) support the idea of the American Dream while others such as American Beauty (1999) criticise it. The American Dream began back in 1776, when the idea of freedom being a right and that tyranny could be successfully opposed was the
Health promotion. This essay will discuss the definitions of health promotion and empowerment, and how the two are interlinked. I will also be talking about my artefact and which health promotion models have been used to enable the production of my artefa
Empowerment in nursing practice The purpose of the assignment is to explore the principles of empowerment in nursing practice. This essay will discuss the definitions of health promotion and empowerment, and how the two are interlinked. I will also be talking about my artefact and which health promotion models have been used to enable the production of my artefact, together with the reason behind my design. The main topic within this essay focuses on testicular cancer awareness because it is widely believed to be on the increase, and psychologically this is a difficult subject to discuss with men; this issue will also be addressed. My clothing tag booklet is designed to increase testicular cancer awareness, provide information on self examination and stress the importance of early detection. Testicular cancer remains one of the leading cancers in young men ages 15- 35 years (Cancer Research UK 2003). Since the late 1970s incidence rates have doubled, however there is no evidence to suggest the cause behind this increase. (Orchid Cancer Appeal 2005). It is estimated that 1 in 210 men in the UK will develop this form of cancer by the time they are 50. (Orchid cancer appeal 2005). My artefact will therefore be designed to target young men between the age of 15-35. Research suggests that a large percentage of men are unaware of the risk of this disease and only 3% regularly
The purpose of this essay is to carry out an assessment of a patient and present a plan of care of three specific problems that the patient has encountered. The model chosen to guide the care plan is the Roper, Logan and Tierney's Model of Nursing
Fact Essay INTRODUCTION The purpose of this essay is to carry out an assessment of a patient and present a plan of care of three specific problems that the patient has encountered. The model chosen to guide the care plan is the Roper, Logan and Tierney's Model of Nursing (Roper et al 2000). This will enable me to develop my skills in assessment, problem-solving and planning care. The essay will begin by introducing the patient and outlining the rationale for choice. Following this, I will identify and discuss the care required through all stages of the nursing process (Roper et al 2000). I will discuss this in relation to assessment of three patient needs. I plan to show an understanding of holistic care and how it is used in each stage of the nursing process. Pseudonyms will be used in accordance with the Nursing and Midwifery Council (2004) which states that "you must guard against all breaches of confidentiality by protecting information from improper disclosure at all times. CHOSEN PATIENT AND RATIONALE FOR CHOICE Jane is 81 years old, widow who lives alone in a bungalow, married for 54 years and has 2 daughters, one of which lives abroad and the other locally. She stated she has had a good life with many memories and had travelled to several countries with her late husband. She had enjoyed going to dance halls and outdoor bowling. Jane suffers with osteoarthritis
![Under the current law, homeowners are permitted to use "reasonable force" against intruders.[3] However this standard is criticised for being unclear and weighted too much in favour of the intruders.[4] Under the proposed law, homeowners would be convicte](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/950247/listing/950247_1.jpg)
Under the current law, homeowners are permitted to use "reasonable force" against intruders.[3] However this standard is criticised for being unclear and weighted too much in favour of the intruders.[4] Under the proposed law, homeowners would be convicte
Introduction Following the high profile cases of Tony Martin and Munir Hussian,1 the UK Conservative Party has signaled it will introduce new laws providing householders with a stronger defense against criminal liability where they use force to defend themselves against intruders.2 Under the current law, homeowners are permitted to use "reasonable force" against intruders.3 However this standard is criticised for being unclear and weighted too much in favour of the intruders.4 Under the proposed law, homeowners would be convicted only where they used force that was "grossly disproportionate".5 This essay discusses whether such legislative reform is appropriate by first looking at how the current law operates and its main areas of criticism. It then analyses the proposed law and considers whether it adequately improves on the current law. The current law As a general rule in common law, householders are entitled to use "reasonable force" to protect themselves, others or their property.6 This rule provides householders with a justifiable defence against a charge of murder or other levels of assault where they kill or injure the intruder.7 The burden of proving the householders did not act in defence rests with the prosecution.8 The Court has made it clear that "reasonable force" bears the same meaning in the context of defence as section 3(1) of the Criminal Law Act 1967
