Marketing Research and Segmentation - Macquarie University Hospital, Paper

Marketing and Segmentation - Macquarie University Hospital, New South Wales - Research Paper Example The marketing techniques chosen in each case depend on many factors, such as the level of the industry competition and the resources available. Current paper focuses on the potential use of marketing research and segmentation for the improvement of performance of a specific organization: the Macquarie University Hospital, one of the most important hospitals in New South Wales, Australia. An appropriately customized lifestyle analysis has been used for helping the organization to proceed to market segmentation. In this way, the relationship between the organization and its customers would be improved leading the organization to a long – term growth. 2. Macquarie University Hospital – Marketing research and segmentation 2.1 Brief description of the hospital The Macquarie University Hospital is located in ‘the North Ryde campus of Macquarie University, New South Wales’ (Macquarie University Hospital, 2012). ... The use of advanced technology in medical treatment is considered as another advantage of the Hospital towards its rivals. 2.2 Market research – psychographic & lifestyle analysis 2.2.1 Activities: work habits The percentage of people who are active in terms of employment in New South Wales has been increased in 2009/2010 reaching the 3.5 million. This is an important increase if having in mind the fact that for the period 2001/2002 the employed people in NSW were just 3.1 million (Australian Bureau of Statistics, NSW State and Regional Indicators, Dec 2010, 2011). This means that the buying power of people in the specific region is increased, compared to the past. Thus, the potentials of the local population to seek for medical assistance of high quality are high. On the other hand, a differentiation seems to exist in NSW between men and women in regard to their status of employment. Indeed, it has been proved that women in NSW are more likely to work part-time compared to me n (Australian Bureau of Statistics, NSW State and Regional Indicators, Dec 2010, 2011). As indicated in the Graph 1 (Appendix), a percentage of about 50% of employed women in NSW are part-time workers. In general, in NSW employed men are more than employed women. More specifically, the percentage of employed male in NSW for 2010 was estimated at 70.6% while for women the above percentage was just 56.4% (Australian Bureau of Statistics, NSW State and Regional Indicators, Dec 2010, 2011). 2.2.2 Psychological attributes According to a report published by the Australian Government in 2012, high cultural diversity is one of the key characteristics of Australia. It seems

Death Penalty Research Paper Example | Topics and Well Written Essays - 2500 words

Death Penalty - Research Paper Example The death penalty Introduction There are many punishments that a criminal can face if found guilty of a greater crime, but none is as jarring and final as the death penalty. The death penalty is the sentencing of death to a person who has been found guilty of a criminal offense. When a crime results in the death penalty, the crime is known as a capital crime or capital offense. A lesser crime does not hold the possibility of resulting in the death penalty; a person may face the death penalty if they are found guilty of first degree murder, but not for grand larceny. The death penalty in the United States is only inflicted when the guilty offender has willingly taken the innocent life of another or more than one person. In some states, attempted suicide can be met with the death penalty as the person is attempting to take a life (Carmen, 2008). The ultimate purpose of the death penalty is to take a life for another life. The death penalty is considered to be one of the most controvers ial punishments for criminal offenders. While there are people that believe the punishment follows the adage â€Å"eye for an eye†, there are still others that feel that governments and countries should be â€Å"practicing what they preach† instead of condoning murder by killing another, even if it is done in the name of justice. Regardless of these opinions, the death penalty is alive and well in thirty-five states, the United States military, and the United States government, as well as countless other countries. History of the death penalty law The death penalty has been around for hundreds of years in the United States, though it also has history in Europe in the pre-America era. Practiced by many countries and villages, the death penalty was not nearly as sophisticated as it is today. First and foremost, the death penalty was not only limited to murder, but expanded to include sexual crimes, such as adultery and sodomy, drug and human trafficking, and treason. Som e countries today still recognize some of these offenses as crimes being worthy of the death penalty. Treason resulting in the death penalty is still highly common among militaries throughout the world. If another life was taken or put at stake, then the person who placed them in that position would be faced with death. The methods of how the death penalty was to be implemented have also evolved. One of the earliest methods of the death penalty was by means of stoning. Usually regarded as a public spectacle to make both the crime and the consequence known, the criminal would stand in a designated meeting area before many of the townspeople, all of whom would often play a part in throwing the stones that would kill the criminal (Hood & Hoyle, 2008). Other antiquated methods included hanging and beheading; again, these would take place in public areas to serve as a lesson to prevent further criminal activity. Torture was another common method, one that is looked upon today as being bo th immoral and unethical. Other methods that were observed, though were not as common, were boiling to death, disembowelment, burning, or being slowly sliced or impaled repeatedly. People during these times did not have the fancy machines or equipment that we have now, so they had no choice but to work with what they already had. They got creative with their punishments, looking for methods that would not only get the job done but also supply the criminal with plenty of pain. The gruesome images

Exploration of a Surrealist theme Essay Example for Free

Exploration of a Surrealist theme Essay Jonathan Safran Foers first novel Everything is Illuminated is yet another artistic interpretation of reliving the memory of the Holocaust – which to younger generations of men and women over the world has moved into the domain of folklore and history, progressing from the living memory of people of yesteryears. In assessing the surrealistic component of his work, we would first define surrealism as an art form and how it has played an important role in modern literature and movies first. Although surrealism as a movement started in 1924, it still influences artists, writers and critics even to this day. At its core, surrealism taps into our unconscious through powerful symbols and abstractions, and according to the author of the book The Surrealist Manifesto Andre Breton(1924), surrealist writers express the passage of actual functioning of thought rather than describing thought itself. The tool that Foer uses in his work is automatic writing which is essentially a popular surrealist tool according to Breton, which implies writing without thinking. This aimed to break down the barriers between the conscious and subconscious, thus providing a clearer picture of the actual awareness and mental processes of the writer. There are numerous elements of Foers work in Everything is Illuminated which is unmistakably surrealistic, and exposes the automatic writing process that Foer employs. In a way this is a new angle way to explore the Holocaust as Alex Perchov, the naive Ukrainian translator writes letters to Foer in a stylized Russo-English tone that reads : It is mammoth honor for me write for a writer, especially when he is American writer, like Ernest Hemingway; or It is bad and popular habit for people in Ukraine to take things without asking are the norm. Interspersed with these letters are the fragments of the real novel by Foer which he exchanges with Alex the interpreter, which describes in a real yet magical account of Foers imagined life in the Shetl, where his grandfather came from, before the Nazis destroyed it completely. An important surrealist theme is this interface between reality deconstructed through Jonathan Foers journey as he traces his familys connections to Trachimbrod ( a fictional representation of the real town Tachenrod) between 1791 and 1942. There are clearly absurd situations and unique personalities and fascinating philosophies depicted in the process, which bring out the intended surrealism. In Chapter two, The Beginning of the world Never Comes, like all traditional Jewish stories it opens with a conditional : Trachim Bs double-axle wagon either did or did not pin him against the bottom of the Brod River. The wagon may or may not have belonged to Trachim, and in truth he may or may not have been killed. This implicit ambiguity and uncertainty is a dominant surreal element – nothing is ever sure when it comes to Trachimrod, and the legend surrounding Trachim who is the real source of the lore. But as a good story is better than no story at all, and Everything is Illminated explores the interface between fact and fiction all along, with the boundaries often merged. To this end, it is a unique narrative art form applied to the pre-history of the Holocaust as someone from a succeeding generation explores its quasi-magical communal origins, now lost. Returning to the theme of automatic writing, much of Alexs perspective as it is presented does not have any line breaks or any semblance of literary organization : They burned the synagogue. They burned the synagogue. That was the first thing they did. That was first. Then they made all of the men in lines' (P. 185). While Alex is literally translating the old womans narrative about the Nazi atrocities, he gives us the surreal impression that he is not lifting his pen from paper as he records a continuous stream of thought. The repetitions reinforce the thought process turning gradually somber and dark, as the novel progresses from its earlier light-hearted beginnings. Towards the end of the novel, it becomes an established theme as the thought process sounds incoherent at times depicting the grim reality of the situation. For instance, when the Nazis march through Kolki, Alex records : It was not forever before he was the only Jew remaining outside of the synagogue the General was now in the second row and said to a man because he only asked men I do not know why who is a Jew and the man said they are all in the synagogue because he did not know Herschel or did not know that Herschel was a Jew (Page 250). Putting no punctuation in this section, as if to rush through the stream of thought is an attempt to get the reader to focus on the text, despite any obvious demarcation between the sentences, as a literary device to bring out the angst and anxiety in the Grandfather as he barely manages to move from one thought to another. The tragedy of the situation, as exemplified by this method of automatic writing, is very distinct from a comprehensively described historical narrative which has been the norm of many historical novels depicting the terror that the Nazis perpetrated. As a surrealist literary tool, this is powerful in evoking subconscious patterns of the mind. Under pressure or fear, as our mind gets cluttered, it gets entwined with the deepest physiological motives of fight or flight – as the mind just processes the bare facts, repeats those which are essential to deconstruct the crucial elements that separate life and death, the bare essentials so to speak. Even love is under strain under such circumstances, and the literary tool of automatic writing that Jonathan Foer uses does not stop at simply removing line breaks and punctuation, he even obliterates the spaces between the words, often repeating them in succession, to bring out the flow and rush of emotion and thoughts. Without stopping to think what he is writing, as if it is a work-in-progress, Foer also introduces the idea of temporality, or the passage of time in his writing. This example of the Grandfathers narrative brings out the idea of a powerful flow : I looked at Grandmother and shekissedmeontheforehead and I kissedheronthemouth and our tearsmixedonourlips and then I kissedyourfather many times I secured him from Grandmothers arms and Iheldhimwithmuchforce so much that he started crying I said I love you I love you I love you I love you I loveyou I loveyou I loveyou I loveyou Iloveyou (Page 250). The use of these new works, cluttered and jumbled, bring out the inherent tragedy of the situation powerfully, as the readers are almost compelled to think outside their normal sphere of reasoning as to why this cluttering has been left unedited in the book. This crazy, quilted patchwork of writing styles that Foer has created perfectly suits the backdrop of the Holocaust, and the use of words like Iloveyou and tearsmixedonourlips seem to express the sentiment that conventional use of English words is inadequate to express the pathos and poignancy of the moment. The presentation of the text itself in Everything is illuminated is another example of surrealistic techniques used in the book. A vivid example is provided in the Book of Antecedents, where after the last entry on Brods list of 613 sadnesses (page 212), the text continues : we are writing†¦ we are writing †¦we are writing for a full one and a half pages. While critics may interpret this somewhat idiosyncratic use as monotonous text in many ways, there is a surrealist explanation that appears plausible. Throughout the interplay of facts, myths and legends seen in Everything is illuminated this was one place in the novel where the reader is powerfully reminded that after all, this is a written piece of work, where writing can be a monotonous activity, when writers have to put pens on papers (or hammer at typewriter keyboards) as part of a daily routine to capture their thought flow. Artistically, this is the equivalent of a painter including a picture of his paintbrushes within a landscape or still portrait to convey the message that it should be interpreted as a work of art, as the artists own rendition of reality. The use of periods to leave out large portions of text is used by Foer in other instances as well, notably towards the end, between the section describing Trachimday and the dream of the end of the world. (pg 272). This was celebration, unmitigated by imminent death. They stayed Without actually describing the bombing of Trachimbrod, Foer powerfully describes the emptiness and tragedy of the impending bombing, as the residents prepared for it stoically, and when the bombing took place they fled the city. These long spaces are the surrealist equivalent of time being frozen, as thought flowed in slow motion. Without adequately expressing the details of the bombing these mental spaces indicate Foers deliberate style of a work-in-progress, as if he intended to fill in these spaces later. In another sense, this surrealistic theme implies the overall mission of the story, as a few characters set out to discover something far bigger than themselves. This surrealist element of describing the function of thought as defined by Breton is evident through out the novel, often with the deliberate misuse of words, as is an artificially distorted surrealist artwork aiming to describe the process rather than reaching literary perfection. For instance, Alex, whose English is not very good confessedly has a thesaurus by his side when writing and picks out inappropriate word alternatives as evident form this line : I have girdled in the envelope the items you inquired, not withholding postcards of Lutsk, the census ledgers of the six villages from before the war, and the photographs you had me keep for cautious purposes†¦ I must eat a slice of humble pie for what occurred to you on the train. I know how momentous the box was for you, for both of us, and how its ingredients were not exchangeable†¦. (Page 23) The inept use of thesaurus-derived synonyms and clumsy phrases remain an important part of the book, as well as the film directed by Liev Schreiber (Carlson 2006) as Alex explains that his friends find his full name Alexander â€Å"more flaccid to utter†. Again in leaving Alexs letters unedited, it is an attempt to depicts the process by which Alex himself matures throughout the book as a researcher and writer, as his initial efforts to prove that he is knowledgeable in English is a surrealistic statement about setting out on the journey to self-discovery through learning. As Alex best describes this process at the end â€Å"Everything is illuminated in the light of the past, which is inside us looking out,† (Carlson 2006) this book is about deconstructing the past using a surrealist technique. Reference Breton, Andre (1924) Le Manifeste du Surrealisme. Translated to English in : Patrick Waldberg, Surrealism (New York: McGraw-Hill, 1971), pp. 66-75. Carlson, Daniel (2006) Extremely Loud and Incredibly Decent. Pajiba 2006. Retrieved from the Internet on 15 March, 2008 from : http://www. pajiba. com/everything-is-illuminated. htm

The History Of Legal Aid Law Essay

The History Of Legal Aid Law Essay The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England and Wales for giving legal aid advice to the poor.  [1]  This committee also made the desirable recommendations ensuring that the persons in need of the legal advice are provided the same by the state. The recommendations of the Rushcliffe Committee were submitted to British Parliament, which resulted in the enactment of Legal Aid and Advice Act, 1949. In 1945, the Rushcliffe Committee report was brought to the attention of the Government of India. The credit for drawing the attention of the government of India to this important question goes to the Bombay Legal Aid Society who invited the attention of the Government of India to the report of the Rushcliffe Committee. The Bombay Legal Aid Society in their letter  [2]  suggested the appointment of a similar committee in India to examine the problem of Legal Aid. In 1946, the provincial government was of the opinion that the provisions for the grant of legal aid in civil cases were sufficient but the same for the criminal cases needed to be liberalized. After the correspondence between the Government of India and the Provincial Government the resolution was passed in the Bombay Legislative Council and the Bombay State Assembly. The Government of Bombay appointed a committee under the Chairmanship of Mr. Justice NH Bhagwati  [3]  to consider the question of grant of legal aid in civil and criminal proceedings to poor persons, persons of limited means and the persons of backward classes to make justice easily accessible to these persons. The committee threw responsibility on State to provide free lega l aid for those who could not have access to the Courts of Law due to scarcity of means and guidance. The committee also recommended a four-tier  [4]  machinery for giving legal aid. These recommendations could not be implemented. In the same year (1949), the Government of West Bengal also set up a committee on Legal Aid and Legal Advice under the chairmanship of Sir Arthur Trevor Harries  [5]  . The committee recommended to give legal assistance to the poor. The report of the committee could not be implemented due to lack of requisite funds. Since 1952, the Government of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. The first law commission, 1958 in its fourteenth report  [6]  presented a detailed thought of legal aid with a strong plea to implement the Bhagwati and Harries reports. The 14th Law Commission Report stated the fact that if laws do not provide for an equality of opportunity to seek justice to all segments of society, then they have no protective value and unless some arrangement is made for providing a poor man the means to pay Court fees, advocates fees and other incidental costs of litigation, he is denied an opportunity to seek justice.  Ã‚  [7]   In 1960, the union government prepared an outline for legal aid scheme and forwarded it to various legal aid organisations and States for their comments. The state government in a conference of the State Law Ministers expressed their inability to allocate funds for the purpose of the legal aid schemes. The Third All India Lawyers conference in 1962, further considered the question of legal aid. It was suggested that legal aid was an obligation of both State and Central Government and for this purpose they should provide funds. In 1970, the National Conference was convened in New Delhhi on Legal Aid and Legal Advice. This conference emphasised that it was constitutional obligation of the state to make provision for Legal Aid to the weaker sections having no means. Justice P.N Bhagwati  [8]  was the chairman of the Legal Aid Committee which was appointed by the Government of Gujarat for the first time for suggesting ways and means of providing free legal aid and advice to the poor and weaker section of the community. The aim of the committee was to make recommendations so as to render legal advice more easily available and to make justice more easily accessible to such persons, including recommendations on the question of encouragements and financial assistance to institutions engaged in the work of such legal aid  [9]  . P.N Bhagwati observed even while retaining the adversary system, some changes may be effected whereby the judge is given a greater participatory role in the trail so as to place po or, as far as possible, on a footing of equality with the rich in the administration of justice.  [10]   The focus of the committee was the indigent person seeking to access justice. The report stated that there can be no rule of law unless the common man irrespective of the fact whether he is rich or poor is able to claim and justify to the rights given to him by the law. The machinery of law should be readily accessible to all. The poor must be placed in the same position as the rich by means of adequate legal service programme. It stated that the inequality between the rich and the poor in administration of the justice can be removed by establishing and developing effective system of the legal aid programme. Legal aid and advice should be regarded not as a matter of charity or bounty but as a matter of right.  [11]   The judicial attitude towards legal aid was not very progressive. In Janardhan Reddy v. State of Hyderabad  [12]  and Tara Singh v. State of Punjab  [13]  , the court, while taking a very restrictive interpretation of statutory provisions giving a person the right to lawyer, opined that this was, a privilege given to accused and it is his duty to ask for a lawyer if he wants to engage one or get his relations to engage one for him. The only duty cast on the Magistrate is to afford him the necessary opportunity (to do so). Even in capital punishment cases the early Supreme Court seemed relentless when it declared that it cannot be laid down in every capital case where the accused is unrepresented the trial is vitiated. To revive the programme, the Government of India formed an Expert committee for Legal Aid in 1972, under the chairmanship of Justice Krishna Iyer  [14]  . The committee submitted a report in 1973 on Legal Aid known as the Processionals Justice to Poor  [15]  . This report came to mark the cornerstone of Legal Aid Development in India. The report  dealt with the nexus between law and poverty, and spoke of PIL in this context. It emphasized the need for active and widespread legal aid system that enabled law to reach the people, rather than requiring people to reach the law. The report clearly laid down that it is an obligation of the State to ensure that the legal system becomes an effective tool in helping secure the ends of social justice.  [16]   Justice Krishna Iyer rightly observed that, Such a consummation, a proposition to which we are constitutionally dedicated is possible only through an activist scheme of legal aid, conceived wisely and executed vigorously.  [17]  Ã‚  He even said that Law and Justice cannot be regarded as two separate wings any longer and that it had become necessary that they together work towards restoring the faith of the poor man in the legal system by providing him with adequate legal assistance. Justice Krishna Iyer regarded the Legal Aid program as a catalyst which would enable the aggrieved masses to re-assert State responsibility under Part IV of the Constitution. He also said that poverty is a creation of unjust institutions and unjust society. Thus the legal aid programme aimed at revamping the socio-economic structure by way of removing the socially unjust institutions and creating a new order based upon the ethos of human liberty, equality and dignity of mankind. He realised the fact that though the system had been flagged off under the term  We the people of India  it had no longer continued in the same direction want of procedural formalities had taken precedence over the people at the cost of which justice often suffered casualties The expert committee appointed under the chairmanship of justice Krishna Iyer has made significant contribution toward the development of the concept of legal aid in India. A national legal service authority accountable to the parliament but protected from official control was recommended. Simplification of the legal procedure and an emphasis on conciliated settlement outside court has to be the policy of legal aid schemes. The report adopted the three fold test laid down for determining eligibility: Means test- to determine people entitled to legal aid Prima facie test- to determine whether there was a prima facie case to give legal aid or not Reasonableness test- to see whether the defence sought by a person is ethical and moral. In criminal proceedings the committee is not in favour of guaranteeing legal aid to habitual offenders and in cases, which essentially involve private claims. Regular arrangement for aid and advice to the undertrials was to be provided. A liberalized bail policy which was not to be dependent on financial consideration Legal services were to be extended to investigation as well as post conviction stage. Legal services should also include rehabilitative services. In criminal legal aid, the committee was in favour of salaried lawyers. The report also encourages payment of compensation to victims in criminal cases. Family courts should be established for women and children with women judges this is specially required in slum areas and rural villages. Public defence council should be appointed in childrens court. In backward areas, legal advice bureau should be established in each development block. The report encourages the involvement of law students in legal aid schemes particularly for preventive legal services. Public law service should be an alternative available as against the private bar and legal services authority should fix the fees payable to the lawyer. There was unanimous decision of the Committee that the State should regard it as an obligation to provide legal assistance to the poor and indigent. It stated that this obligation of the State was not merely, socio-economic or political but is also constitutional by reason of Articles 14  [18]  and 22(1)  [19]  . Further the report stated that the legislation and rules so made by the government should not be another piece of legislation made with the reference of any foreign legislation as there is a marked difference between socio-economic conditions prevailing in advanced countries and those prevailing in developing countries like India. It also emphasized on having legal aid programmes and that the organization for effectuating the legal service programme must be responsive to the poor in giving legal service and must not be mechanical and wooden in its approach. Even after, such a programme is introduced there must be a continuous examination of its utility and its responsiveness to the poor. The two judges joined forces as a two-member committee on juridicare, released its final report entitled Report on National Juridicare: equal justice- social justice, 1977 hereinafter, referred to as the 1977 report  [20]  . The report while emphasising the need for a new philosophy of legal service programme cautioned that it must be framed in the light of socio-economic conditions prevailing in the Country. It further noted that the traditional legal service programme which is essentially Court or litigation oriented, cannot meet the specific needs and the peculiar problems of the poor in our country. The report also included draft legislation for legal services and referred to Social Action Litigation. It recognises the fact that much of our law was created by the British to suit their convenience and as a result of this it is mostly insensitive to the socio-economic problems of the masses it set out to govern and regulate. This report  [21]  also made an effort to classify those categories of persons who are most in need of legal aid are as follows-   Those persons belonging to the Scheduled Castes or Scheduled Tribes Those persons who either by reason of being inhabitants of backward areas or who are so geographically placed that their voice cannot reach the Courts of justice The poor in general The workman and the peasantry class who toil and labour to earn rewards for their hard work of which they are often deprived. Those soldiers and armed forces personnel Women and children who are deprived social justice on grounds of biological infirmity. Untouchables or those who are referred to as Harijans and who even after abolition of Untouchability under Article 17 of the Indian Constitution are shunned by the Administrative class on the ground of their unacceptance in the community. One of the purpose for setting up the committee was that the central government is of the view that an adequate and vigorous legal service program is necessary to be establish in all the states in the country on a uniform basis. The terms of reference of the Juridicare committee included making recommendations for the establishing and operating comprehensive and a dynamic legal service program for effective implementations of the socio economic measures taken or to be taken by the government including formulation of scheme (s) for legal services. The 1977 report focused on the infrastructure of the legal services of the organization and clearly stated that it was not to be a department of the government but an autonomous institution headed by the Judge of the Supreme Court. The body would have representations from Bar Associations, the Government, the Parliament and the judiciary as well as voluntary associations and social workers and that there would be a multi tier set up for the legal aid organization. The 1977 report was an amalgamation of the 1971 Gujarat report and the 1973 report but absence of certain aspects of the legal services was noticeable. For instance, both the 1971 Report and the 1973 report dealt with the issues arising from the criminal justice separately. Hence it may be stated that except saying that it was continuation of the earlier reports, the 1977 Report made no reference to these aspects. The continuation with the earlier reports was also evident in the reiteration by the 1977 Report of the failures of the traditional legal services programme. The goals of the preventive legal services programme, advocated forcefully by the 1971 Report were recapuliated in this report, it stated that while the endeavor would be to launch a frontal attack on the problem of the poverty, the legal service programme would have to be directed towards providing representation to groups of social and economic protestand  must encourage group oriented and institution directed approach to the problem of poverty. The other goals that were reiterated were: the programme should not identify lawyers with the law but should even pose them against law, wherever law is the reflection of an unjust social order, it had to recognize the inter relatedness of social, legal, educational and psychological problems which beset the poor; the content of the legal services programme was to include spreading of awareness amongst the poor about their rights, tackling the class problems of the poor, initiating socio-legal research into the problems with a view to bringing about reform in law and administration and helping different groups of the poor to organize themselves.  [22]   The 1977 report envisaged several modes of delivery of legal services. The primary mode would be the providing of legal advice through various legal aid offices having both salaried lawyers and assigned lawyers. A whole Chapter was devoted to PIL: and legal aid. It was suggested that the Advocates Act, 1961 be amended to recognize and permit provision of legal aid by law teachers and students. The report clearly stated that the funding of the legal aid programme was the state responsibility and for this identified sources such as court fees collected from the litigants, legal aid steps, levy of special cess, donations and many more for the purpose of funding the legal aid programme and so on. Though the ideas as laid down by the Report was revolutionary but not much that was mentioned in the report was implemented as the government that had appointed the Juridicare committee was not in power when the 1977 report was submitted. The 1977 report remained on the shelf along with it the National legal Services Bill. Though the congress was voted back to power in 1980 but it was too enthusiastic about the 1977 Report. A committee at the national level was constituted to oversee and supervise legal aid programmes throughout the country under the Chairmanship of Justice Bhagwati  [23]  . This committee came to be known as CILAS  [24]  and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. In 1987, the Legal Services Authorities Act was enacted, th us crystallising a uniform statutory base for the concept of legal aid throughout the country. Constitutional and Statutory Provisions on Legal Aid Supreme Court on Legal Aid The linkage between Article 21 and the right to free legal aid was forged in the decision in Hussainara Khatoon v. State of Bihar  [25]  where the court was appalled at the plight of thousands of undertrials languishing in the jails in Bihar for years on end without ever being represented by a lawyer. The court declared that there can be no doubt that speedy trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The court pointed out that Article 39-A emphasised that free legal service was an inalienable element of reasonable, fair and just procedure and that the right to free legal services was implicit in the guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal aid is really nothing else but equal justice in action. Legal aid is in fact the delivery system of social justice. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and we have no doubt that every State Government would try to avoid such a possible eventuality. Further in the case of Hussainara Khatoon Ors. (V) v. Home Secretary, State of Bihar  [26]  , Patna Justice Bhagwati held that:  its the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him by the State and the State is under a constitutional mandate to provide a free lawyer to such accused person if the needs of justice so require. If free legal services are not provided to such an accused, the trial itself may run the risk of being vitiated as contravening Article 21 and it is hoped that every State Government would try to avoid such a possible eventuality. In the case of  Khatri Ors. (II) v. State of Bihar Ors  [27]  . , the court answered the question of the right to free legal aid to poor or indigent accused who are incapable of engaging lawyers. It held that the state is constitutionally bound to provide such aid not only at the stage of trial but also when they are first produced before the magistrate or remanded from time to time and that such a right cannot be denied on the ground of financial constraints or administrative inability or that the accused did not ask for it. Magistrates and Sessions Judges must inform the accused of such rights. The right to free legal services is an essential ingredient of reasonable, fair and just procedure for a person accused of an offence and it must be held implicit in the guarantee of Article 21 and the State is under a constitutional mandate to provide a lawyer to an accused person if the circumstances of the case and the needs of justice so require, provided of course the accused person does not object to the provision of such lawyer. The State cannot avoid this obligation by pleading financial or administrative inability or that none of the aggrieved prisoners asked for any legal a id at the expense of the State. The only qualification would be that the offence charged against the accused is such that on conviction, it would result in a sentence of imprisonment and is of such a nature that the circumstances of the case and the needs of social justice require that he should be given free legal representation. There may, however, be cases involving offences such as economic offences or offences against law prohibiting prostitution or child abuse and the like, where social justice may require that free legal or child abuse and the like, where social justice may require that free legal services need not be provided by the State. Right to free legal aid, just, fail and reasonable procedures is a fundamental right (Khatoons Case). It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of.  Every individual of the society are entitled as a matter of prerogative. He repeated in  Suk Das v. Union Territory of Arunachal Pradesh  [28]  Ã‚  and said   It may therefore now be taken as settled law that free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty and this fundamental right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21.   Justice Krishna Iyer in  M.H. Hoskot v. State of Maharashtra  Ã‚  [29]  , declared If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual for doing complete justice. Justice Bhagwati in the case of Kara Aphasia v. State of Bihar  [30]  where the petitioners were young boys of 12-13 years when arrested, and were still languishing in jail for over 8 years. They also alleged to have been kept in leg irons and forced to do work outside the jail, directed that the petitioners must be provided legal representation by a fairly competent lawyer at the cost of the State, since legal aid in a criminal case is a fundamental right implicit in Article 21. In Centre for  Legal Research Anr. v. State of Kerala  [31]  Ã‚  , Chief Justice Bhagwati took a step further and laid down norms or guide-lines laid down for State to follow in giving support and cooperation to voluntary organizations and social action groups in operating legal aid programmers and organizing legal aid camps and lok adalats or niti melas. While delivering the judgment Bhagwati, C.J., stated that the writ petition raised a question as to whether voluntary organizations or social action groups engaged in the legal aid programmed should be supported by the State Government and if so to what extent and under what conditions. There can be no doubt that if the legal aid programme is to succeed it must involve public participation. The State Government undoubtedly has an obligation under Article 39-A of the Constitution which embodies a directive principle of State policy to set up a comprehensive and effective legal aid programme in order to ensure that the operation of the legal system promotes justice on the basis of equality. But we have no doubt that despite the sense of social commitment which animates many of our officers in the Administration, no legal aid programme can succeed in reaching the people if its operations remains confined in the hands of the Administration. It is absolutely essential that people should be involved in the legal aid programme because the legal aid programme is not charity or bounty but it is a social entitlement of the people and those in need of legal assistance cannot be looked upon as mere beneficiaries of the legal aid programme but they should be regarded as particip ants in it. If we want to secure peoples participation and involvement in the legal aid programme, we think the best way of securing it is to operate through voluntary organizations and social action groups. These organizations are working amongst the deprived and vulnerable sections of the community at the grass-root level and they know what are the problems and difficulties encountered by these neglected sections of Indian humanity. It is now acknowledged throughout the country that the legal aid programme which is needed for the purpose of reaching social justice to the people cannot afford to remain confined to the traditional or litigation oriented legal aid programme but it must, taking into account the socio-economic conditions prevailing in the country, adopt a more dynamic posture and take within its sweep what we may call strategic legal aid programme camps, encouragement of public interest litigation and holding of lok adalats or niti melas for bringing about settlements of disputes whether pending in courts or outside. The assistance of voluntary agencies and social action groups must therefore be taken by the State for the purpose of operating the legal aid programme in its widest and most comprehensive sense, and this is an obligation which flows directly from Article 39-A of the Constitution. It is also necessary to lay down norms which should guide the State in lending its encouragement and support to voluntary organizations and social action groups in operating legal aid programmes and organizing legal aid camps and lok adalats or niti melas. We are of the view that the following norms should provide sufficient guidance to the State in this behalf and we would direct that the State Government shall, in compliance with its obligations under Article 39-A of the Constitution extend its cooperation and support to the following categories of voluntary organizations and social action groups in running the legal aid programme and organizing legal aid camps and lok adalats or niti melas. In  Indira Gandhi v. Raj Narain  [32]  Ã‚  the Court said: Rule of Law is basic structure of constitution of india. Every individual is guaranteed Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the rights given to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated.

Temple of Luxor :: essays research papers

Ancient Egypt’s pyramids are the oldest and largest stone structure in the world. Along the Nile 35 major pyramids still stand. The three largest pyramids at Giza rank as one of the seven wonders of the Ancient World. It was on the list of notable things to see which was made up by the travelers during ancient times. The ancient Egyptians also built temples of limestone. They designed parts of the temples to resemble plants. Moreover, many of ancient Egypt’s finest paintings and other works of art were produced for tombs and temples. Ancient Egyptian sculptors decorated temples with carvings showing festivals, military victories, and other important events. Sculptors also carved large stone sphinxes. These statutes were supposed to represent Egyptian Kings or Gods and were used to Guard temples and tombs. The Temples were houses of worship. The word temple most often refers to Buddhist, Confucian, Hindu, Taoist, and ancient Near Eastern and European places of worship. Most Temples are built to honor god, a God, or many Gods. Many of these buildings are considered the homes of gods. Back then and still today worship at temples often involves traditional ceremonies and may include sacrifices. Certain temples stood on sacred sites. The design of numerous temples was symbolic. Luxor has often been called the â€Å"worlds greatest open air museum†, as indeed it is and much more. The number and safeguarding of the monuments in the Luxor area is said to be unparalleled then in any other part of the world. Actually, Luxor is really comprised of three different areas, consisting of the City of Luxor on the East side of the Nile, the town of Karnak just north of Luxor and Thebes, which the ancient Egyptians called Waset, which is on the west side of the Nile across from Luxor. The modern town of Luxor is home to 170,000 people in Egypt today. Luxor is the site of the ancient city of Thebes, which was the capital of Egypt from the 12th dynasty (1991 BC) and achieved its peak during the New Kingdom (1539 BC to around 700 BC). Although the mud brick palaces of Thebes have long disappeared, the stone temples have survived. The temple remained buried beneath the town of Luxor for thousands of years, and was not uncovered until a mosque was built on top of it. Now, the mosque remains an important part of the entire temple.

Computer Crime :: essays research papers

Computer Crime Advances in telecommunications and in computer technology have brought us to the information revolution. The rapid advancement of the telephone, cable, satellite and computer networks, combined with the help of technological breakthroughs in computer processing speed, and information storage, has lead us to the latest revolution, and also the newest style of crime, "computer crime". The following information will provide you with evidence that without reasonable doubt, computer crime is on the increase in the following areas: hackers, hardware theft, software piracy and the information highway. This information is gathered from expert sources such as researchers, journalists, and others involved in the field. Computer crimes are often heard a lot about in the news. When you ask someone why he/she robbed banks, they world replied, "Because that's where the money is." Today's criminals have learned where the money is. Instead of settling for a few thousand dollars in a bank robbery, those with enough computer knowledge can walk away from a computer crime with many millions. The National Computer Crimes Squad estimates that between 85 and 97 percent of computer crimes are not even detected. Fewer than 10 percent of all computer crimes are reported this is mainly because organizations fear that their employees, clients, and stockholders will lose faith in them if they admit that their computers have been attacked. And few of the crimes that are reported are ever solved. Hacking was once a term that was used to describe someone with a great deal of knowledge with computers. Since then the definition has seriously changed. In every neighborhood there are criminals, so you could say that hackers are the criminals of the computers around us. There has been a great increase in the number of computer break-ins since the Internet became popular. How serious is hacking? In 1989, the Computer Emergency Response Team, a organization that monitors computer security issues in North America said that they had 132 cases involving computer break-ins. In 1994 alone they had some 2,341 cases, that's almost an 1800% increase in just 5 years. An example is 31 year old computer expert Kevin Mitnick that was arrested by the FBI for stealing more then $1 million worth in data and about 20,000 credit card numbers through the Internet. In Vancouver, the RCMP have arrested a teenager with breaking into a university computer network. There have been many cases of computer hacking, another one took place here in Toronto, when Adam Shiffman was charged with nine counts of fraudulent use of computers and eleven counts of mischief to data, this all carries a maximum sentence of 10 years in jail.

Nike – good or bad?

Nike is good: A factory called Samyang in Vietnam (a factory under Nike contract) seems to be keeping satisfactory working levels within the building. It employs 5,200 people, most of them being women. The factory is made up of six big buildings with well-kept surroundings. Inside, there are fans keeping the workers cool, fire extinguishers about in the case of an emergency, and workers can easily access goggles, masks and gloves if they need them. Workers get double the local average of $54 per month and an annual bonus of at least one month's salary. Other factories get a lot less – in rural areas, factories pay $35 per month, in suburbs they pay $40 per month, and in cities, $45 per month. In state-owned factories (factories owned by the government), workers get a surprisingly low $15 per month! All this money they are getting has allowed most of them (three quarters) to buy a television, many to have a motorbike, some to have phones, etc. Not only does this improve their life, but it also allows other businesses such as petrol stations, electronic repair shops, etc. to function properly and make money too. This is called the multiplier effect. Nike has made changes to improve health and safety. In 1998, it replaced the very hazardous petroleum-based solvents with less harmful water-based ones. In 1999, an expert in the field went to verify Nike had actually done this at the Tae Kwang Vina factory in Vietnam. The investigator found that Nike had indeed replaced the compound and had also installed local exhaust ventilation systems. They also discovered that Nike had trained certain staff personnel aspects of health and safety. Nike is bad: Nike does not own the factories their clothes are manufactured in. This means they can leave at any time, leaving thousands of workers unemployed and fighting for their life while they find another job. For example, on February 22nd 2008, the BJ&J factory in the Dominic Republic announced that it was going to slowly fire workers and close. The factory, owned by Korean company called Yupoong, was making Nike caps at the time. In the Tae Kwang Vina factory mentioned earlier, some health and safety issues remained. Some sections of the factory were still exposed to hazardous chemicals, and to high heat and noise levels. In 1997, it was found that workers in a different factory were being exposed to 100 times the legal limit of Toluene, a toxic gas. Nike gets its clothes made in countries with free trade zones where it is illegal or extremely difficult for workers to organise into trade unions. It is practically impossible for workers to get better conditions (such as better pay, improved health and safety, etc.) when they cannot get together and form a united group to approach their boss. However, this said, some factory workers have done it before and achieved what they were protesting for. The Ching Luh Nike factory has 21,000 employees, and in June 2008, after going on strike for 2 days, they managed to get Nike to increase their wages by $6 a month. Some people think that the minimum wage in countries is enough to survive because the cost of living in that particular country is lower too. The chart below proves this to be wrong with three primary countries that Nike manufactures in. Nike doesn't pay lots to its workers. In many countries, they live way under the predicted living wage. The table shows the average wage of all the factories in that country, and the living wage in each. The data presented is only an average. Some factory workers earn only $1.60 a day, where the price of three meals a day is $2.00.