Saturday, November 9, 2019
How to Style Titles of Compositions
How to Style Titles of Compositions How to Style Titles of Compositions How to Style Titles of Compositions By Mark Nichol Navigating the formatting rules about titles of compositions books and chapters, movies and TV shows, albums and songs, and the like can seem like negotiating a minefield. Hereââ¬â¢s a handy map to help you maneuver through the terrain: In print, two primary formats exist for identifying a creative work. Titles of entire bodies of work such as a book, a TV series, or an album are often italicized, while titles for components of each book chapters, TV episodes, or songs are usually enclosed in quotation marks. Easy enough, but what about creations such as paintings and poems? A painting is a discrete work, but it is also often displayed as part of an exhibition. What do you do? In this case, italicize the paintingââ¬â¢s title but style the title of the exhibition in roman, or ordinary, type. (However, single ancient works of art, such as the Venus de Milo, are simply styled in roman.) As for short poems collected in an anthology, style their titles like those of book chapters, but italicize the titles of book-length poems. Photographs are considered elements of a larger work, such as a book or an exhibition, and their titles are simply enclosed in quotation marks. And what about capitalization? Generally, in a title, always capitalize the first and last words regardless of part of speech, plus nouns, pronouns, verbs, adjectives, adverbs, and long conjunctions (those other than and, but, for, nor, and or.) Lowercase prepositions (over, under, through, etc.) unless they are key to the title (A Walk Through Time) or as part of an adverbial or adjectival phrase (Turn Up the Volume). The initial definite or indefinite article in a title can be preempted by a nonitalicized article if it conflicts with the sentence structure. For example, write ââ¬Å"The Wizard of Oz audio book is a best-seller.â⬠But if this style looks awkward, just relax the sentence: ââ¬Å"The audio-book version of The Wizard of Oz is a best-seller.â⬠Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:50 Synonyms for ââ¬Å"Leaderâ⬠Expanded and ExtendedStarting a Business Letter with Dear Mr.
Wednesday, November 6, 2019
Teenage-Mother essays
Teenage-Mother essays When I was fourteen years old, I worked at Winn-Dixie, a huge grocery store that was ten minutes walking distance from my house. One day, after-school I got ready to go to work. Of course, I did not drive, so I walked to work. Once I got there and opened my register, a young pregnant female that looked extremely frustrated by the child, who was rolling around in the cart with all the groceries came through my line. He was one obnoxious little two-year-old, throwing groceries on the conveyer belt and demanding candies. Meanwhile, the poor teenage-mother was fumbling through her purse searching for her WIC papers. It was such a sorry sight to watch because she looked so frustrated with the child and her inability to locate where her papers were. Having a child at a young age is a huge responsibility. Moreover, teenagers having babies can affect the mothers education forcing her to work lower paying jobs, can alter their lifestyle causing them miss out on the recreational activiti es, and cause financial burden for the mother. I was working as a part time cashier at Winn-Dixie and attending school. I did not intend to work there for the rest of my life. I believed that I would eventually graduate college and enter a well paying career. While on the other hand, this seventeen-year-old will remain uneducated because she already has a two-year old child and another on the way. However, I will have a career to focus on and will not have to work as many hours to support my family. That will mean more time towards taking care of my family by being home, rather then being at work for most of my childrens childhood. Because of the pregnancy, the teenage-mother will continue to be uneducated, work many hours and drift away from sharing a close bond with her children. Furthermore, teenagers should not have babies because their lifestyle would change dramatically. Her friends would probably stop coming around to go hang ...
Monday, November 4, 2019
Principle Terrestrial Biomes Annotated Bibliography
Principle Terrestrial Biomes - Annotated Bibliography Example One of the strength of the motivating programs is that itsââ¬â¢ automation makes it easier to identify individual merits and reward them accordingly. Compliments and other recognitions should be posted there to motivate them. Communication with employees from wherever they are makes them feel part of the company as they feel more appreciated and derive a sense of belongingness. This should continue being exploited at all times. Some weaknesses have also been noted in the discussion section. One of these entails shortcomings in communication. Employees should be made part of the decision-making team to ensure they feel obligated to work for a hospital. A hospital should also outsource some required services especially in recruitment programs to allow them cope with the challenges fostered by motivation programs. Abstract - The study recognizes that the concept of design has an effect on a patient's healing process. In the study, substantial evidence presents that the design of medi cal institutes influence the health outcomes of patients, as well as recruitment and retention of the hospital staff. In addition, the concept of design also affects the efficiency of how care is being provisioned. In United Kingdom, primary health and social care is being prioritized due to the ageing population of the country. Summary - The purpose of the study is to incorporate an environment that would deliver safety, efficiency and quality that is flexible to changing delivery patterns in the provision of care. ... This article focuses on the temperate grasslands, and examines and populations in them. It looks at a natural experiment occurring in a small region of Germany, where an area of grassland is persistently expanding by removing other obstacles to it such as human habitation. The exact dates that these obstacles were removed is well known, so know exactly how old the grasslands are, which is rare when studying ecological succession. They use this knowledge to examine the different species of ant which colonize the grassland once the grassland begins to grow. It uses simple sampling techniques to examine the populations of a wide variety of different types of ants at different stages of grasslands development, and the techniques used and data collected both seem extremely reliable. The research team found that in younger grasslands, there were a wide variety of different species that changed from individual patch of grassland to individual patch of grassland, because the initial populati ons were mostly dependent on the random chance of an individual or group from that species wandering into the grassland accidentally. They found, however, that as the grasslands matured and when studying older grasslands this initial diversity and wide range of species disappears, to be replaced with a more predictable group of species. This suggests that the initial distribution of species has no impact on the eventual one, and that a number of highly successful species of ants will consistently outperform other species in this kind of grassland. Gewin, Virginia. ââ¬Å"Planting temperate forests wonââ¬â¢t temper global warmingâ⬠Frontiers in Ecology and the Environment 5.1 (2007): 6. This article details the effects that temperate rainforests might have on global warming. One of the
Saturday, November 2, 2019
Follow the instruction in the details, i will attach the article that Assignment
Follow the instruction in the details, i will attach the article that you are discussing - Assignment Example The reference chosen was: Doriott, C. (2000). Genetic Codes Unraveled: New Clues to Human History. Ancestry, 18(1), 15 ââ¬â 21(Stix, 2008). The information presented in the article is very contradicting. The reason for this is because; the various biological concepts written on human ancestry discuss the process of evolution from a common ancestor. They do not mention any the point on ââ¬Å"Mitochondrial Eve,â⬠(Stix, 2008). This article increased knowledge about DNA in the mentioning of genetic prospecting which involves researching deeper into the human DNA to find more about their origin. The processes involved including gene slicing. It also aided in understanding of single neucliotide polymorphsisms. The article stated that they help in evaluating the identities of individual populations (Stix, 2008). The most interesting thing in the article was on the dueling theories that states humans migrated from Africa 50 to 60,000 years ago. This beats the understanding of civilization, the age of the universe and theories that try to explain the origin of man, such as that of evolution by Charles Darwin (Stix,
Thursday, October 31, 2019
Corporate Finance Essay Example | Topics and Well Written Essays - 1750 words - 1
Corporate Finance - Essay Example TSR is defined as a measure that helps in evaluating the performance of different companyââ¬â¢s shares and stocks over the passage of time. It takes into account appreciation of share price and payment of dividends in order to show the total shareholderââ¬â¢s return and is expressed as percentage. It is calculated after considering capital gain, which is accrued after purchase of companyââ¬â¢s share. In calculating TSR, it is assumed that the dividends are reinvested in the company shares (Rexam Plc, 2014b). Through calculation of TSR, the performance of share is compared over the period of time. This is the main advantage of calculating TSR as it shows the exact position of the share even if it has high growth and low dividend or low growth and high dividend. After collecting relevant information from the annual reports of the two companies mentioned above, TSR is calculated. The information needed for the same are share price at the end and beginning of the year along with the dividend that are paid out to the shareholders. This information has helped to calculate the TSR of the companies, which are provided in the following table (Rexam Plc, 2014a): The above table reflects the change or fluctuation in the value of TSR over the 7 years. It is observed that the TSR value of Rexam Plc has increased over the years from a negative value since 2007. During the period 2007-2009, the company was unable to maintain a positive TSR mainly due to its poor performance in the industry, which occurred mainly due to the insufficient sales. However, positive TSR after 2009 indicates that the company has improved its share price performance, which is the result of increase in sales. Presently, the company has satisfied customers by offering them with good return and higher dividends, which are reinvested in company shares that are issued for them. From the above table it is evident that GSK has encountered
Tuesday, October 29, 2019
Kennedy vs. Nixon Essay Example for Free
Kennedy vs. Nixon Essay ââ¬Å"Peace,â⬠the overall message is about experience and knowing what to do during though times. Nixons campaign tried to convey this seriousness by shooting its commercials of Nixon perched on a desk and speaking directly to the camera. In JFKââ¬â¢s 1960 ââ¬Å"Debate,â⬠political ad, he addresses the people in a snappier way, and by ââ¬Å"facing the issues squarely. â⬠However, neither of the candidates ads was about issues; rather, they were more contrast in styles. The messages focused on the era as a dangerous time; it was really an election about change versus experience. In Kennedyââ¬â¢s ad, he expresses his ideas directly, specifically, and offers ââ¬Å"new American leadership for the country. â⬠His tone is very magnetic and appealing, and it is quite pleasing to an American to hear that Kennedy thinks that America is a great country, but ââ¬Å"it could be a greaterâ⬠one. Whereas Nixon speaks with such composure and a serious-minded tone in his ad, it almost seems he is not excited (or even cares) to be there. The way Kennedy carries himself while giving speeches is an especially confident, poised, and self-assured one, so much that he even comments on whether if people think that America was doing everything satisfactorily, that he agreed with them, that they ââ¬Å"should vote for Nixonâ⬠! Furthermore, on the Kennedy-Nixon debate, Kennedy appeared looking ââ¬Å"tanned, confident, and vigorous,â⬠while Nixon was ââ¬Å"wearing no make up and a light-colored suit that blended into the background looking exhausted and pale, and sweated profusely. Also, Mr. Nixonââ¬â¢s tone is exceedingly formal, thus making him look a tad bit uncharismatic, (unlike his likable contender). His way of speaking directly to the camera and giving detailed answers to an offscreen speaker, presented him ââ¬Å"as a though, experienced leader able to stand up to the Communists. â⬠In general, while Nixon was not as charismatic and pleasant as JFK, he was a seasoned, experienced, and mature leader ready to stand up to Khrushchev. Moreover, Nixon kept arguing that while Khrushchev was a ââ¬Å"cold, hard, ruthless man,â⬠that we wonââ¬â¢t ââ¬Å"be coerced, that we will not tolerate being pushed around,â⬠that heââ¬â¢d continue to ââ¬Å"deal with Communism and the Soviet leadersâ⬠¦firmly, and always with vigilance. â⬠In contrast, Kennedy attempted to turn his youth into an advantage, proclaiming in his acceptance speech at the Democratic Convention, ââ¬Å"We stand today on the edge of a new frontier. ââ¬
Sunday, October 27, 2019
Death Penalty as a Punishment: The Debate
Death Penalty as a Punishment: The Debate The main aim of this research project is to evaluate the efficacy of death penalty as a punishment. The researcher has tried her best to do an objective study on the topic, without any subjectivity or personal biases or prejudices. Since this is a sensitive topic and different schools of thought have different opinion about capital punishment, the researcher has tried to analyse and understand the pros and cons of such an extreme form of punishment. Jurisprudential and sociological aspects of such kind of punishment have also been looked into. Scope and Limitations The scope of this project ranges from a positive analysis of the sources available regarding the topic, to a comparison to its antecedent, and conclude with a normative analysis. The limitation that might be evident would be the limited understanding of the author as to the technical details encountered while dealing with the topic and the limited availability of sources. Due to paucity of time and sources of information, the researcher has been able to present a brief but comprehensive analysis of the topic and procedural law involved, while acknowledging the fact that a further in depth analysis would provide greater understanding, clarity and knowledge about the applicability and working of this area of law. Since the topic concerns the society as well, the sociological implications have also been highlighted. Sources of Data Primarily the researcher has relied on books available in the AMITY Law School library. The researcher has also tried to utilise the resources, articles, e-books available on the internet. Chapter I: Introduction Capital punishment is the harshest of punishments provided in the Indian Penal Code, which involves the judicial killing or taking the life of the accused as a form of punishment. The question of whether the state has the right to take the life of a person, howsoever gruesome the offence he may have committed, has always been a contested issue between moralists who feel that the death sentence is required as a deterrent measure, and the progressive who argue the judicial taking of life is nothing else but court mandated murder.à [1]à It is clear that capital punishment is awarded only in two categories of offences, namely treason and murder. However, the judges, in the offences punishable with sentence of death and alternatively with life imprisonment have to make critical choice between the two permissible punitive alternatives, viz , death sentence and imprisonment for life. When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for a term of years , the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. 1.1 Constitutional validity of death penalty The constitutional validity of death penalty was considered by a Constitutional Bench of the Supreme Court in Bachan Singh v. State of Punjabà [2]à . The reference to the Constitutional Bench came about, as the Bench hearing the case noticed that there was a conflict between two rulings of the Supreme Court on the issue of the validity and scope of the provision that imposed death penalty. The two cases were the rulings in Jagmohan v. State of Uttar Pradeshà [3], which declared death penalty to be constitutionally valid, and the ruling of another three-member bench in Rajendra Prasad v State of Uttar Pradeshà [4]à , in which a majority of two judges, ruled that when the trial court comes to a conclusion that the accused is guilty of murder, then the state through the prosecutor should be called upon by the court to state whether the extreme penalty is called for ; and if the answer is in the positive, the court shall upon the prosecutor to establish , if necessary by leadin g evidence, facts for seeking the extreme penalty of law. The majority ruling went on to state the principle guiding the imposition of death sentence as follows: It is, therefore, imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated by us, will discharge the onerous function with even more scrupulous care and humane concern, directed along the highroads of legislative policy outlined in section 354(3) viz, that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through laws instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed.à [5]à Bhagwati J delivered the minority ruling, holding that s 302, in so far as it provides for death penalty as an alternative to life sentence, is unconstitutional and ultra vires, and violative of articles14 and 21 of the constitution. His opinion, however, was delivered after nearly two years.à [6]à 1.2 Medias influence The influence of media coverage in brining the death penalty is especially strong. The feedback loop is especially visible at the legislative juncture, when crime control policies are made at the prosecutorial juncture, when discretion about capital charging is at work; and at the adjudicative juncture, when both judge and jury must make difficult decision about sentencing.à [7]à Mass Media has got great capability to influence any judgment that comes into scene. The infamous case of death penalty execution of Dhananjoy Chatterjeesà [8]à was, perhaps, the first televised execution in the history of Indian media. Chatterjee, who was sentenced to death in 1991, for raping and murdering a schoolgirl, Hetal Parekh, was finally hanged on August 14, 2004 after theà Supreme Court denied his mercy petition. Through these past 14 years, he served a term in Alipur Jail in Kolkata. The case would have otherwise gone down in history as another Supreme Court ruling, but for the hue and cry raised by the various segments of the media and the civil society. As a result, what should have been an understated, unpublicized execution became the most talked about verdict in the judicial history of the worlds largest democracy. The arguments pitted against and in favor of the sentence were equally appalling. There were the human rights activists who strongly condemned the sentence on the grounds of mercy, claiming that since the accused had already served a life imprisonment term, executing him amounted to injustice. Supporting such groups was a section of the media, which, quite literally participated in the killing of the accused. Twenty-four hour television news channels brought alive the anguish of the accused by streaming live visuals of the accused, his movements and actions, until he was led to the gallows. Those private last moments, which an accused is entitled to, were thrown open to public scrutiny. Senior journalist Vir Singhvi wrote in the Aug. 29 issue of the Hindustan Times Daily (centrist)- Many people I know who were supporters of the death penalty suddenly began to have second thoughts as the drama unfolded on the TV channels. They felt as though they themselves were participating in killing a poor man. It was a guilt that many felt they could do without. It was horrendous to watch people deriving a sadistic pleasure and making a spectacle out of a death sentence. All this, combined with the depiction of the familys trauma, generated a wave of sympathy among the masses, hence creating a pseudo-celebrity out of Chatterjee.à [9]à In another case of execution of accused Santosh Singh in the case of Priyadarshini Matto, none of us really know if the accused is actually guilty or not, but the trial by media as already pronounced him guilty of the offence, and hence when the judgment was finally given by the court of law, all the people celebrated. Right after the incident, the media trial begins and all media entities- print or electronic- more or less have similar focus in their stories. Worse, they even pronounce their judgment, which usually goes against the accused or the suspect. à With almost a propaganda-like zeal, the story is presented to the viewers as if the accused is really the culprit. In cases where the charge is not proved in the court, there are SMS campaigns, blogging outrages, candle-lit processions, and rallies to mobilize the citizens against the injustice done by the courts and to put the pressure on the appellate court.à [10]à Therefore to put it, Law and media coexist and overlap in the modern society. People create their opinion, drop their conclusions guided by the information they get from mass media and very seldom think about the credibility of this information. In modern society, the impact of mass media is so big that it not only passes the legal norms to the population, but also has the power to influence or even change them. Receiving publicity can become a serious problem for death eligible cases as from the role of observer mass media becomes an active participant of the trial. If death penalty is appointed, the media doesnt leave any chance to the charged person and the appellate procedure is usually illuminated as an annoying delay on the way to the climax execution. These questions can raise unnecessary doubts in the minds of people and spoil dramatic effect, so diligently created. Another peculiar feature of mass medias covering the death issue is the lack of defensive evidence, if any pre sented to the wide audience. The main line of narration is usually lead from the part of prosecution they have more TV air and spaces in the magazines and newspapers. Defense doesnt have these privileges. Very seldom journalists try to show compassion to criminals. Another interesting feature is that mass media tries to avoid the direct formulations, when talking about the death itself, trying to use phrases like came to meet death, went to his final journey, etc. They are usually afraid to minimize the sufferings of the victim, by showing any humanity to putative criminal. To be just, there are rare cases, when the topic innocent person unfairly condemned is speculated, but these cases are rare and cannot be regarded as general tendency. The role of denunciator conflicts with medias role of impartial chronicles. Complicated or ambiguous cases are not so popular among the media, as they need context, complex explanations and event chains and let multi-faceted interpretations. Media becomes a transitional point, which passes emotion from the courtroom to average observer. We get a loop here trying to answer the needs of the audience, mass media tries to search for the facts, which wou ld appeal most of all to this public. At the same time, collecting such facts, media influences public opinion. The main difficulty lies in the fact, that media prefers a selective depiction of events and the selective emotional background for their coverage. Feelings of compassion, mercy and sorrow to victims arent accompanied by even the smallest effort to display compassion to the convicted person. The crime and criminal himself become the incarnation of encroachment on the social legislative norms and stability. Chapter II: Case Laws Relating To Capital Punishment Execution In India 2.1 Dhananjoy Chatterjee alias Dhana v. State of West Bengal.à [11]à The measure of punishment in a given case must depend upon the atrocity of the crime; the conduct of the criminal and the defenceless state of the victim. Justice demands that the courts should impose punishment befitting the crime so that the courts reflect public abhorrence of the crime. The courts must not only keep in view the rights of the criminal but also the rights of victim of crime and the society at large while considering imposition of appropriate punishmentà [12]à 2.2 Sushil Murmu v. State of Jharkhandà [13]. In this case, the S.C. was called upon to adjudge the proprietary of death sentence for sacrificing a nine year old child in the most brutal manner. The child was killed in a grotesque and revolting manner. The court declared that the case at hand falls in rarest of rare category of cases. It, therefore, upheld the death sentence awarded to the convict. 2.3 State of Maharashtra v. Ajmal Aamir Kasab. In this case quarters of media have tremendously supported the execution of Kasab and there are others who vehemently oppose the execution. The points against the execution are Capital punishment is a barbaric remnant of an uncivilized society. It is immoral in principle, and unfair and discriminatory in practice. The judgment is still pending before the H.C. 2.4 Jai Kumar v State of Madhya Pradeshà [14]à In this case the accused Jai Kumar was sentenced to death by the trial court for having killed his sister-in-law, who was pregnant, and her eight-year old daughter in the night of 7 January 1997, allegedly for the reason that he had become enraged because his sister-in-law had not given him enough food. However, his own mother tendered evidence that he had made an attempt to rape the deceased sister-in-law, and encountering resistance from her, committed the crime. The manner in which he committed the offence was gruesome. He locked his mother inside a room, and thereafter went into the room of the deceased by removing the bricks near the door, going into the room and killing her. After that he decapitated her head and hung it from a tree in a jungle nearby. He had also taken the eight-year old daughter of the deceased and killed her with an axe saying that he was offering her as a sacrifice to Mahuva Maharaj and thereafter buried her in sand, covered with stones. The Supreme Court n oted that the mitigating factors were hardly sufficient to balance out the aggravating circumstances. In the present case, the savage nature of the crime has shocked our judicial conscience. The murder was cold-blooded and brutal without any provocation. It certainly makes it a rarest of rare case in which there are no mitigating or extenuating circumstances.à [15]à 2.5 Suresh Chandra Bahri v State of Biharà [16]à In this case, the accused was alleged to have conspired with several others to kill one Suresh Bahris wife and two young children. The main grouse that Suresh Bahri had against his wife was that she was interfering in his property dealings and wanted to sell their Ranchi house so that they could migrate to America with the sale proceeds and settle there with the children. The main accused enticed her to come to Ranchi from Delhi on the pretext that a sale deed for selling the house was to be executed on 11th October, 1983, and killed her on the night of the 10 October itself. The evidence disclosed that the murder was committed in an extremely brutal, diabolical, gruesome manner. Her body was then cut into two and disposed. Similarly, the two children were taken to a farm house after telling them that they were going for a pleasure trip, and killed there. Their bodies were cut into pieces and thrown into Varuna River. Considering the fact that it was the father himself who had commit ted such gruesome murder, the Supreme Court confirmed the death sentence as the matter came into the rarest of rare categories. 2.6 Jagdish v. State of Madhya Pradesh In Jagdish v. State of Madhya Pradesh,à [17]à the apex court quoted the US Supreme Court and was of the view that, the cruelty of capital punishment lies not only in the execution itself and the pain incident thereto, but also in the dehumanizing effects of the lengthy imprisonment prior to execution and that the prospect of pending execution exacts a frightful toll during the inevitable long wait between the imposition of sentence and the actual infliction of death.à [18]à The Supreme Court quoted a few decided cases in this case as well. à In T.V.Vatheeswaran v. State of Tamil Naduà [19]à andà Ediga Anamma v. State of Andhra Pradeshà [20]à it has been held that a delay of two years was permissible beyond which the sentence ought to be converted to life. In Bhagwan Bux Singh. v. The State of U.P.à [21]à similar observations were made with respect to a delay of two and a half years and in Sadhu Singh v. State of U.P.à [22]à to a delay of three and a half years.à 2.7 Vivian Rodrick v. The State of West Bengal In Vivian Rodrick v. The State of West Bengal,à [23]à the Supreme Court said that, It seems to us that the extremely excessive delay in the disposal of the case of the appellant would by itself be sufficient for imposing a lesser sentence of imprisonment for life under Section 302. Section 302, IPC prescribes two alternate sentences, namely, death sentence or imprisonment for life, and when there has been inordinate delay in the disposal of the appeal by the High Court it seems to us that it is a relevant factor for the High Court to take into consideration for imposing the lesser sentence. In this particular case, as pointed out above, the appellant was committed to trial by the Presidency Magistrate as early as July 31, 1963, and he was convicted by the Trial Judge on September 4, 1964. It is now January 1971, and the appellant has been for more than six years under the fear of sentence of death. This must have caused him unimaginable mental agony. In our opinion, it would be inhuman to make him suffer till the Government decides the matter on a mercy petition. W e consider that this now a fit case for awarding the sentence of imprisonment for life. Accordingly, we accept the appeal, set aside the order of the High Court awarding death sentence and award a sentence of imprisonment for life. The sentences under Section 148, IPC and Section 5 of the Explosive Substances Actà Chapter III: Jurisprudential and Sociological Aspects 3.1 Jurisprudential Aspects Everyone has an inalienable human right to life, even those who commit murder; sentencing a person to death and executing them violates that right. This is very similar to the value of life argument, but approached from the perspective of human rights. The counter-argument is that a person can, by their actions, forfeit human rights, and that murderers forfeit their right to life. Another example will make this clear a person forfeits their right to life if they start a murderous attack and the only way the victim can save their own life is by killing the attacker. The medieval philosopher and theologian Thomas Aquinas made this point very clearly: Therefore if any man is dangerous to the community and is subverting it by some sin, the treatment to be commended is his execution in order to preserve the common good Therefore to kill a man who retains his natural worthiness is intrinsically evil, although it may be justifiable to kill a sinner just as it is to kill a beast, for, as Aristotle points out, an evil man is worse than a beast and more harmful.à [24]à Aquinas is saying that certain contexts change a bad act (killing) into a good act (killing to repair the violation of justice done by the person killed, and killing a person who has forfeited their natural worthiness by killing). The most common and most cogent argument against capital punishment is that sooner or later, innocent people will get killed, because of mistakes or flaws in the justice system. Witnesses, (where they are part of the process), prosecutors and jurors can all make mistakes. When this is coupled with flaws in the system it is inevitable that innocent people will be convicted of crimes. Where capital punishment is used such mistakes cannot be put right. There is ample evidence that such mistakes are possible in the USA, 116 people sentenced to death have been found innocent since 1973 and released from death row. The average time on death row before these exonerations was 9 years. Things were made worse in the USA when the Supreme Court refused to hold explicitly that the execution of a defendant in the face of significant evidence of innocence would be unconstitutional. However many US lawyers believe that in practice the court would not permit an execution in a case demonstrating persuasive evidence of actual innocence. 3.2 Sociological Aspects If we look from a sociologist perspective, it is an accepted notion that, the criminal should be punished less, but punished better. Killing him would be a very extreme form of punishment and would not serve any ends. It is neither beneficial to the society nor to the criminal. Michel Foucault, a well known sociologist, says that the criminals must be Disciplined and Punished (D and P). According to him, D and P is a study of the development of the gentler modern way of imprisoning criminals rather than torturing or killing them.à [25]à He pointed to the shift, which took place at the turn of the 18th century, from punishment as the public infliction of pain to punishment as incarceration. While recognizing the element of genuinely enlightened reform, he particularly emphasizes how such reform also becomes a vehicle of more effective control: to punish less, perhaps; but certainly to punish better.à [26]à The Supreme Court in the case of Jagdish v. State of Madhya Pradesh,à [27]à relied on a sociologists opinion. The court quoted Robert Johnson, Death row is barren and uninviting. The death row inmate must contend with a segregated environment marked by immobility, reduced stimulation, and the prospect of harassment by staff. There is also the risk that visits from loved ones will become increasingly rate, for the man who is civilly dead is often abandoned by the living. The condemned prisoners ordeal is usually a lonely one and must be met largely through his own resources. The uncertainties of his case pending appeals, unanswered bids for commutation, possible changes in the law may aggravate adjustment problems. A continuing and pressing concern is whether one will join the substantial minority who obtain a reprieve or will be counted among the to-be-dead. Uncertainty may make the dilemma of the death row inmate more complicated than simply choosing between maintaining hope or surrendering to despair. The condemned can afford neither alternative, but must nurture both a desire to life and an acceptance of imminent death . As revealed in the suffering of terminally ill patients, this is an extremely difficult task, one in which resources afforded by family or those within the institutional context may prove critical to the personss adjustment. The death row inmate must achieve equilibrium with few coping supports. In the process, he must somehow maintain his dignity and integrity. Death row is a prison within a prison, physically and socially isolated from the prison community and the outside world. Condemned prisoners life twenty-three and one-half hours alone in their cells..à [28]à Penologists and medical experts agreed that the process of carrying out a verdict of death is often as degrading and brutalizing to the human spirit as to constitute psychological torture. Relying on Coleman vs. Balkcom,à [29]à observed that the deterrent value of incarceration during that period of uncertainty may well be comparable to the consequences of the ultimate step itself and when the death penalty ceases realistically to further these purposes,..its imposition would then be the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes. A penalty with such negligible returns to the State would be patently excessive and cruel and unusual punishment violative of the Eighth Amendment. The Courts have, however, drawn a distinction whereby the accused himself has been responsible for the delay by misuse of the judicial process but the time taken by the accused in pursuing legal and constitutional remedies cannot be taken against him.à Chapter IV: Death Penalty Statutes The Terrorist and Disruptive Activities (Prevention) Act (TADA) which was first enacted in 1985 and reenacted in 1987 provides for death penalty as an alternative punishment for the commission of a terrorist act.à [30]à Despite the non-renewal of TADA by the parliament after 1995, resulting in its lapseà [31]à , a large number of trials under TADA still await completion. A death sentence recommended in the first instance by the designated court trying the case under TADA becomes final when confirmed at the next level by the Supreme Court, there being no appeal against such confirmation of sentence.à [32]à The Indian Penal Code prescribes death penalty as an alternative punishment to life imprisonment for eleven kinds of offences, the recent one being introduced by an amendment in 1993.à [33]à Section 3(2) (i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is another provision, which prescribes a mandatory death sentence. It states that : if an innocent member of a Scheduled Caste or of Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or fabricates such evidence shall be punished with death.à [34]à The Commission of Sati (Prevention) Act, 1987 provides for death penalty among the punishments that maybe imposed on any person who abets, directly or indirectly, the commission of sati. The National Security Guards Act, 1986, and the Indo-Tibetan Border Police Act, 1992 both prescribe the death sentence as an alternative punishment for defined offences committed by members of the two armed forces. The Abortive attempts by Tamil Nadu and Andhra Pradesh to enact special laws to deal with terrorism, both providing for death penalty, are pointers to the popular belief that retribution and deterrence are desired goals of punishment. This also explains the demand by the Home Minister, in which he is stated to have the support of many state governments, that death penalty be prescribed as a punishment for rape.à [35]à The baying for blood as a shrill cry of retribution is not a new phenomena. It was not too far in the past that the Rajasthan High Court ordered the public hanging of a mother-in-law whom it found guilty of causing a dowry death.à [36]à In Mahesh v. Madhya Pradeshà [37]à , which was a case of multiple murders committed in a brutal manner, the court said : itll be a mockery of justice to permit these appellants to escape the extreme penalty of law when faced with such evidence and such cruel acts. To give the lesser punishment would be to render the justice system of this country suspect. The common man will lose faith in courts. In such cases he understands and appreciates the language of deterrence more than the reformative jargon. Chapter V: Capital Punishment, Execution Publicity Punishment is not inflicted by a rational man for the sake of the crime that has been committed; after all one cannot undo what is past, but for the sake of the future, to prevent either the same man or, by the spectacle of his punishment, someone else, from doing wrong again. Healthy debate persists as to the deterrent effect of capital punishment. Although an expansive and diverse body of research has accumulated that examines the effect of executions or execution publicity on murder rates, this research affords few definitive conclusions. On one hand, there is evidence that executions reduce murder levels. On the other hand, several studies fail to discern convincing evidence of a relationship. Still others find a positive association. These inconsistencies in the literature raise methodological issues, some of which are grounded in theoretical arguments. Perhaps the most serious concern is specifying the true nature of the causal relationship between capital punishment and murder rates. Most previous studies estimated only unidirectional relationships. The question of salience, however, is whether recursive models portray the relations among the variables of interest accurately. Another issue relates to the geographical unit of analysis best suited for evincing deterrence effects. Whereas most prior studies relied on state or national level data to assess the deterrent effect of capital punishment, a high level of aggregation may not fully capture the ecological dynamics that are hypothesized to underlie deterrence theory.à [38]à With the emergence of the media as a powerful source of information and education, its role in the dispensation of justice has also become significant. The judiciary and media have rather become partners in dispensation of justice as media enjoys the privilege to investigate crimes and to act as a catalyst in the dispensation of justice. Media and Justice are now synonymous; because the medias endeavour to unearth and focus on crime is primarily motivated by its cherished desire to project truth and seek justice. Media , truth, justice , are thus, inter-related.à [39]à 5.1 Arguments FOR and AGAINST capital punishment, as presented by execution publicity. Capital punishment permanently removes around the worst criminals from society and should prove much safer for the rest of us than long term or permanent incarceration. It is self evident that dead criminals cannot commit any further crimes, either within prison or after escaping or after being released from it. Execution is a very real punishment rather than some form of rehabilitative treatment, the criminal is made to suffer in proportion to the offence. Although whether there is a place in a modern society for the old fashioned principal of lex talens (an eye for an eye), is a matter of personal opinion. Retribution is seen by many as an acceptable reason for the death penalty according to my survey results. It is hard to prove one way or the other because in most retentionist countries the number of people actually executed per year (as compared to those sentenced to death) is usually a very small proportion.à It would, however, seem that in those countries (e.g. Singapore) w hich almost always carry out death sentences, there is far less serious crime. This tends to indicate that the death penalty is a deterrent, but only where execution is a virtual certainty.à The death penalty is much more likely to be a deterrent where the crime requires planning and the potential criminal has time to think about the
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