Tuesday, December 31, 2019

The Investment Detective - 876 Words

CASE STUDY The Investment Detective The essence of capital budgeting and resource allocation is a search for good investments in which to place the firm’s capital. The process can be simple when viewed in purely mechanical terms, but a number of subtle issues can obscure the best investment choices. The capital budgeting analyst is necessarily, therefore, a detective who must winnow good evidence from bad. Much of the challenges is knowing what quantitative analysis to generate in the first place. Supposed you are a new capital budgeting analyst for a company considering investments in the eight projects listed in Exhibit 1. The chief financial officer of your company has asked you to rank the projects and recommend the â€Å"four†¦show more content†¦Project 2 and 6 are similar to an actual venture capital project where bulk of the cash inflow occurs at the end while some of the inflow is at the beginning. Project 3 is similar to a zero coupon bond where you purchase the bond at a specific price and you receive an big cash outflow at the end of the maturity period. Project 4,7 and 8 are like an investment in a machinery, which generates positive cash for you for a certain period of time. After a while, you can sell that off and receive some more cash. You might have some additional cash outflows initially to get the machinery going (training etc.). Project 5 is similar to an annuity. Part II The company has the following capital structure: |Account |$ |Costs before tax | |Long-term Debt |2,000,000 |10% | |Preferred Stock |500,000 |14% | |Common Stock |2,500,000 |16% | 1. Calculate the weighted average cost ofShow MoreRelatedInvestment Detective868 Words   |  4 PagesCase 17 – The Investment Detective The case of the Investment Detective laid out the cash flows for us in each of eight different projects. Before doing any calculations we came up with the assumption that we could not rank the projects simply by inspecting the cash flows. Without the ability to rank the projects based off of cash flows solely, we had to use some analytical criteria as a capital budgeting analyst to provide some thorough support and reasoning for how we ranked the four bestRead MoreInvestment detective782 Words   |  4 Pagesï » ¿The Investment Detective Case We can use normal investment to calculate the data, but we also can do it as reinvestment to invest every project for the same years. For every question, I will give answers for both normal investment and reinvestment. 1. We can rank the projects simply by the cash flow data. Normal investment: Rank 1 2 3 4 5 6 7 8 Project number 3 8 6 1 5 7 4 2 Cash flow 8000 2150 200 1310 2200 560 1561 165 Reinvestment: Rank 1 2 3 4 5 6 7 8 Read MoreThe Investment Detective2301 Words   |  10 PagesProject Free Cash Flows (dollars in thousands) Project number: 1 2 3 4 5 6 7 8 Initial investment (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) Year 1 $ 330 $ 1,666 $ 160 $ 280 $ 2,200 $ 1,200 $ (350) 2 330 334 200 280 900 (60) 3 330 165 350 280 300 60 4 330Read MoreThe Investment Detective2313 Words   |  10 PagesProject Free Cash Flows (dollars in thousands) Project number: 1 2 3 4 5 6 7 8 Initial investment (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) (2,000) Year 1 $ 330 $ 1,666 $ 160 $ 280 $ 2,200 $ 1,200 $ (350) 2 330 334 200 280 900 (60) 3 330 165 350 280 300 60 4 Read MoreThe Investment Detective Essay655 Words   |  3 PagesCase Study: The Investment Detective Primary consideration is the capital availability. If the firm has unlimited access to capital and no other investment options, Net Present Value would become recommended quantitative method. On the other hand, if the time horizon and payback period matter, the company should use Internal Rate of Return Calculation. 1. Looking at the cash flows doesn’t really say much. The assumption is that the firm is in the business to make profit. Profit is equal returnRead MoreCase Write Up The Investment Detective 11373 Words   |  6 Pagesï » ¿Case Write-Up: The Investment Detective Case Summary The purpose of this case is to become a capital budgeting analyst and evaluate which set of free cash flows for 8 projects will result in the most effective investment for a firm’s capital. The objective given is to rank the four best that the company should accept. The case is broken down into three separate steps including the given information about estimated cash flows (inflows outflows), determining the appropriate discount rate, and evaluatingRead MoreCyber Threat Intelligence Based On Cyber Threats1612 Words   |  7 PagesOfficers must obtain a consensus for which mitigating controls are key, which can be a trying negotiation between the CISO, Chief Technology Officer, Cyber Threat Intelligence (CTI), Infrastructure Engineering, Audit and Assurance teams, and the Investment and Audit committees. How do you harness your entire organization to focus on a common agreed-upon list of key security controls? By defining key controls based on cyber threats (translated into business risks), an organization can more easilyRead MoreWhy Security Controls Is Important Than Which Controls You Put On A Compliance Checklist1624 Words   |  7 Pagesin place, implement them (this drives security investments). The resulting risk reduction will vary based how many – and what type of - controls are in place. Truly layered controls are more effective than side-by-side controls. For example, role-based access control (RBAC) and periodic user access reviews are layered controls – RBAC for access provisioning is a preventative control, and quarterly user access reviews is a complementary detective control. For each risk statement, calculate ResidualRead MoreSherlock Holmes: A Timeless Victorian Creation Essay1297 Words   |  6 Pagescharacter keep the mastermind relevant. While the modernization of Sherlock creates a personal connection between the reader and Sherlock in â€Å"A Scandal in Belgravia,† the BBC adaptation dilutes Sherlock’s character from a distinguished genius to a mere detective. In the story â€Å"A Scandal in Bohemia,† we get a glimpse of Holmes’s character, a natural mastermind, through John Watsons narration. As with any narrated scene, our perception of Holmes develops through the opinion of another. However, Watson,Read MoreSjaq1310 Words   |  6 PagesPerformance absenteeism lateness, safety personnel cost which provide .managers with valuable information about personnel. Financial Controls: Financial controls focus on income, expenditures, cash flow, asset mix, and acquisition of funds and investment of funds. Informational control: This control helps managers and others get the information they need to make lamely and intelligent decisions. It focuses on collection processing, storage, security and dissemination of data at the right time

Sunday, December 22, 2019

Violence on Film Essay - 2304 Words

The Western stands as one of the great genres of Hollywood cinema, as it possesses the ability to transcend both time and subject matter. Accordingly, the types of themes which this genres addresses, such as romanticism, and American heroism, can still be seen as viable commodities within modern-day storytelling. However, while The Western has focused on various topics throughout its cinematic history, what ultimately serves as the primary critique of the genre, is the exploration of role of violence and aggression within society (Lusted 16). Furthermore, at the source of this examination is the â€Å"Gunfighter† Western, which centers the focus of the genre to a more individualized and intimate perspective. Accordingly, films such as Henry†¦show more content†¦Instead, the films focus on a singular character, whose willingness to proceed with supposed social morality, is stifled by his inability to evade his past aggressions, playing more on internal struggle. Accor dingly, the gunfighter as character, is both hero and foe; to himself and to society. In this way, the jekyll-Hyde characterization of the protagonists (Parks 51) almost acts in the same way as the dynamic in The Searchers, with the singular character coming to play the part of both threat, and hero, thus unifying the sub-genre within the greater Western style. Fittingly, one of the first films to issue in this sub-genre of the Western, is Henry King’s The Gunfighter (Lusted 210). This film stars popular actor Gregory Peck, who had previously stared in a variety of westerns including, Duel In the Sun,(1946) in which he played a romantic role, and Yellow Sun, (1948) in which he played a small time crook, who falls in love with the granddaughter of the man hes trying to steal from (IMDB). However, although the hollywood star system during this period, was defined by the fact that stars were to beâ€Å"accepted by the public in term of a certain set of personality traits, which permeate all of his or her film roles,† (Harris 125) Pecks role within this film, goes beyond what audiences were presumably expectingShow MoreRelatedViolence In Films Essay720 Words   |  3 PagesViolence In Films In this essay I am going to compare 3 scenes of violence from 3 different genres and analyse their certifications and effects on young people and whether children are finding ways of viewing secretly, or are being allowed to see, too much violence in films, T.V or through any other median. There has always been violence in films, and there has always been public debate along with it, but as the violence becomes more shocking and more accessibleRead More Is Violence in Films Responsible For Childrens Agressive Behavior?1021 Words   |  5 PagesIs Violence in Films Responsible For Childrens Agressive Behavior? Violence on screen is often offered to the young population, which responds to it in so different ways. Childrens psychological development is based on social experiences and imitations. Children are influenced either by their families (direct source of influence) or by their surroundings (indirect source of influence). The question I will be exploring is the responsibility of the violence in films in children’s aggressiveRead MoreRaiders of the Lost Ark and Film Violence Essay747 Words   |  3 Pagesbuttons† of violence – â€Å"creative elements that filmmakers use to manipulate viewers’ reactions to onscreen violence.† (99) These elements, posited by researchers conducting The National Television Violence Study (Valenti, 99) are â€Å"choice of perpetrator, choice of victim, presence of consequences, rewards and punishments, the reason for the violence, weapons, realism, use of humor, and prolonged exposure† (Valenti, 100) . Raiders of the Lost Ark is a violent, yet well loved film which wouldRead More Pointless Violence in the Movie (Film), Natural Born Killers566 Words   |  3 PagesPointless Violence in the Movie (Film), Natural Born Killers Daily, the public is bombarded with violence, not only on television, but also in other media, such as newspapers and tabloids. Natural Born Killers, a prime example of violence in the media, is a movie about two lovers, Mickey and Mallory Knox, who go on a killing spree across the Southwest. The movie takes a satirical look at how the media romanticizes violent crimes. Natural Born Killers has sparked a lot of controversy, as seenRead MoreAmerican Violence – a Critical Film Analysis of No Country for Old Men1940 Words   |  8 PagesRosalind Harrell Film 1010 Final Paper American Violence – A Critical Film Analysis of No Country For Old Men A violent contract killer, a blue-collar welder, and a weary sheriff are all players in the ensemble No Country for Old Men. The Coen Brothers adaptation of the novel written by Cormac McCarthy is a multi-genre, visual buffet about a man’s strength of will and dedication. It’s about death, fate and American violence. It is set in 1980 and centers around the chaos of questionableRead More Comparing Burgess and Drapers Theory of Family Violence and the Film, The Burning Bed2097 Words   |  9 PagesComparing Burgess and Drapers Theory of Family Violence and the Film, The Burning Bed    I.   Introduction   Ã‚  Ã‚  Ã‚   Burgess and Draper argue coercive patterns of family interaction represent the principal causal pathway that connects ecological instability to violence within families.   They maintain this raises the possibility that some of the common correlates of such violence are themselves reactions to sudden or chronic ecological instability.   For example, alcoholism, depression, and anxietyRead MoreFilm Review: Shane995 Words   |  4 PagesGeorge Stevens 1953 film Shane is notable for a number of reasons, from its grand cinematography to its ambiguous ending, but perhaps the most striking thing about the film is its treatment of violence. In particular, the film uses the story of the mysterious gunfighter Shane to chart the gradual irrelevance of this kind of violence in the aftermath of the Civil War, and in some ways one can imagine that the film itself is attempting to recover from the violence of World War II. By examining someRead MoreRole of Violence in the Hist ory of Cinema987 Words   |  4 PagesViolence plays a major role in the history of cinema. Both Alfred Hitchcock and Quentin Tarantino have produced a litany of films that have imagery or plots that include violent acts. However, their different directorial visions and styles make it so that Hitchcock and Tarantino films are nothing alike. This is because Hitchcocks objective was to make the audience feel afraid, tense, and anxious for the protagonist, whereas Tarantinos objective is to illustrate the absurdity of violence by elevatingRead MoreMovie Analysis : Gun Violence1287 Words   |  6 Pageswith numerous different acts of violence. Of the eight types of violence counted in the film, gun violence was the most prominent type of violence with eighty-six acts of gun violence throughout the film. Any time a weapon was drawn or shots were fired it was counted as gun violence. The next most common type of violence in the film was physical violence, with seventy-six incidents, whi ch involved any hitting, kicking or pushing. There were nineteen acts of violence with a weapon other than a gunRead MoreVideo Industry And Its Impact On Children1173 Words   |  5 PagesWhile we are enthusiasts of entertainment and thrilling action, we are parental figures to the next generation of children on their way. Violence presented in media potentially affects children through vivid depictions of gore and tragedy, blurring the line between reality and fictionalized drama. The film industry and its’ supporters thrive off of these displays, drawing in crowds of spectators which provide the industry with an extraordinary amount of profit. Although many of these parents are

Saturday, December 14, 2019

An Inconvenient Truth Summary 3 †Essay †Deng1993 Free Essays

Director Davis Guggenheim eloquently weaves the science of  global warming  with Mr. Gore’s personal history and lifelong commitment to reversing the effects of global climate change. A longtime advocate for the environment, Gore presents a wide array of facts and information in a thoughtful and compelling way. We will write a custom essay sample on An Inconvenient Truth Summary 3 – Essay – Deng1993 or any similar topic only for you Order Now â€Å"Al Gore strips his presentations of politics, laying out the facts for the audience to draw their own conclusions in a charming, funny and engaging style, and by the end has everyone on the edge of their seats, gripped by his haunting message,† said Guggenheim. An Inconvenient Truth is not a story of despair but rather a rallying cry to protect the one earth we all share. â€Å"It is now clear that we face a deepening global climate crisis that requires us to act boldly, quickly, and wisely,† said Gore. Written by  Plantation Productions e host, was the vice president of the USA in the Clinton administration. He has been interested in climate change issues since grade school and has continued to take  interest  in this subject as a politician. In this documentary, he highlights some very important points regarding global warming in his discussion. We will take a look at some of these. Some very important effects include illustrations of the impact ofglobal warming. He does this by first pointing out the relationship between the amount of carbon in the atmosphere and the corresponding temperature over a 650,000 years period. For example, he indicated some pictures of the ice melted in big Mountain in Africa called Kilimanjaro. He also talked about the increase of the ocean Temperature that guided to many Hurricanes and Tornadoes. To clarify, Florida in US got a very bad hurricane in September 2004 and that called Ivan. Then he focused on the Sea levels which are rising because of the amount of ice melting in the Arctic Sea and ice shelves by 1. 5 million km2 during the last forty years. For instance, Ice caps melts as the the temperature of water raise and these can destroyed the ice species. Finally, He also mentioned that many people have died in different parts of the world because of high temperatures and heat waves. For example, the temperature in India raised and about 1400 people died in 2003. The extinction rate of many species is increasing and more than 30 diseases have appeared To sum up, Al Gore says that although the situation regarding global warming appears dire, he does speak fervently looking forward to the future with hope. His presentation concludes with parting nuggets of practical advice as to how man can play a role in curbing climate change. Posted by  J Al Gore, the one who was going to be the next president of the United States of America has dedicated his life to let the people around the world to be aware of the problem which threat life on the earth. In the next lines I’m going to outline a brief summary about his movie â€Å"An inconvenient truth†. Global warming  is the catastrophe which threats life on earth. Al Gore explained how the atmosphere works; sun ray comes from the sun everyday then some of the rays stay inside the earth with the help of ozone layer to keep it warm. The crazy increase of carbon dioxide ratio has made the layer thicker so more rays are trapped more than we normally need. As a result, a lot of temperature changing can be seen around the world such as heat wave. Another problem the global warming is causing is that the ice is melting which is a very serious danger. The level of the sea, constructions and the weather itself all can be affected if the ice or permafrost starts to melt down because of the increasing of heat. At the end of his discussion, Al Gore confirmed that most of the scientists around the world agree that we are the main reason for the global warming. What will the future generation think of their parents if this problem gets more and more serious? Posted by  Khalid How to cite An Inconvenient Truth Summary 3 – Essay – Deng1993, Essay examples

Friday, December 6, 2019

Asch Study Research Paper free essay sample

Solomon Asch finally conducted the experiment in 1951 on a group of male participants. Asch created two cards, the first card had a line that the participants had to match up with another line on the second card, this card had three lines that the participants could choose from. Asch first gathered eight confederates, â€Å"actors posing as participants† (Pastorino, 512). All eight of these confederates where told to purposely say the obvious wrong answer. So asch took eight confederates and one participant and asked them which line on the second card was the same length as the line on the first card. The confederates went first so that the participant could hear their answer. After the confederates said their answer the participant was then supposed to give his answer. Seventy-four percent of the time the participant would conform to the confederates answer. Through this experiment Asch found immense information. Those who conformed first obviously showed disbelief, even with all the disbelief they still conformed. We will write a custom essay sample on Asch Study Research Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Almost three quarters of the people put under the group pressure conformed to the obvious false answer. In psychology this is the Asch Effect. The Asch Effect is â€Å"the influence of a group majority on the judgements of an individual† (Zimbardo, 571). Although the majority of the participants conformed to obvious wrong answer, there were some that stuck with their own beliefs. These people are called Heroes, â€Å"Heroes are people who are able to resist situational forces that overwhelm their peers and remain true to their personal values† (Zimbardo, 572). These type of people challenge the corrupt society and don’t go with the groups beliefs. As well as Heroes, there are Independents who may fall in disbelief of the others, but still go along with their own answers. Solomon Asch created a study to test the powers of conformity by designing a test consisted of line to find research and information needed when learning about conformity. Conformity is when someone adopts a group’s behavior, attitudes, and opinions just to fit in. There were many people who conformed to Asch’s study. Seventy-four percent of the participants put into the study conformed to the group’s false answers. Although the majority conformed there were other that didn’t conform to the answers of the group, these people were the Heroes and the Individuals. In conclusion the majority of the people put into this study conformed to the group’s answers. Panarchy. Solomon Asch : Opinions and Social Pressure (1955). Panarchy Panarchie Panarchia Panarquia. 2001-2010. Web. 16 Jan. 2011. lt;http://www. panarchy. org/asch/social. pressure. 1955. htmlgt;. Pastorino, Ellen, and Susann Doyle-Portillo. What Is Psychology? Australia: Thomson Wadsworth, 2009. Print. Zimbardo, Philip G. Psychology: AP* Edition with Discovery Psychology. Boston, MA: Allyn amp; Bacon, 2010. Print.

Friday, November 29, 2019

Personality Theory Person Analysis free essay sample

The client I chose, George Costanza, showed me many behaviors and characteristics that I could use to explain and assess his personality. I observed him five times and decided that the best theory to describe his personality was the Psychoanalytic Social Theory by Horney. This theory focuses on anxiety and neurosis, both of which I believe George experiences a great deal of. Horneys theory argues that childhood and parental indifference is the main cause of neurosis in adulthood. George Costanza displays almost of all the neurotic needs which categorize neurosis and are used to fight the anxiety he feels. To start, Horney says that personality development is largely based on the amount and form of parental involvement. In one of my observations, George called his mother to tell her that he had gotten engaged. She asked to speak to his fiance, Susan, and immediately said â€Å"May I ask why? †, when Susan claimed her love for George. We will write a custom essay sample on Personality Theory Person Analysis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Georges father, also unsupportive, asked George if his fiance was even a woman. This is just one example of how George doesnt feel warmth and love from his parents. In my other observations, when George is in the presence of his parents, there is constant bickering, fighting and arguing. I would assume that, throughout Georges childhood, he had an unsupportive, cold childhood that did not allow him to feel wanted. Horneys theory states that if a person doesnt have their needs met as a child, this will lead to basic hostility which, in turn, leads to basic anxiety. Neurotic adults try to combat anxiety by imploring different types of neurotic needs. In one of my observations, George broke up with his girlfriend because she beat him in a simple game of chess. When Jerry asked him why he did this, George claims that he wouldnt be able to perform sexually in front of her now. In another observation, George is expecting an apology from an old friend who is on step 9 in Alcoholics Anonymous. Although, all of his friends get apologies, George still does not. This angers him greatly and he shows up at this mans job and loudly demands an apology that is not sarcastic and actually includes the word â€Å"sorry† in it. In both of these examples, George is displaying his need for power and control over others. This is just one of the neurotic needs displayed in Georges behaviors to fight anxiety. George also illustrates a great need for approval and affection. After George broke up with the girlfriend that beat him in chess, his best friend, Jerry, ponders why they break up with women for silly reasons. Together, they decide that theyre going to change their lives and attitudes towards women. George sits by the beach, alone, and sadly stares at all the happy couples he sees. At this point, he has a deep need for affection. Immediately after, he runs to Susans (a woman he knows) apartment and proposes at her door step. It seemed that his need for affection had been met. However, the next day Jerry tells George that he broke up with his current girlfriend. George is visibly hurt by this because together they had decided to make commitments to women. George also asks Jerry if he thinks Susan is good looking. George is desperately seeking approval from his best friend and feels isolated without it. At the end of this observation, George mopes out of Jerrys apartment with his need for approval not met. In my observations, I noticed a strong need for George to use others for his own benefit and exploit others to make life easier for himself. For example, George had to give a lecture on risk management for work. This required him reading a text book on the subject, except he didnt want to read it, he wanted to listen to it on tape. Although he thought they didnt make textbooks on tape, he finds out that blind people can get anything made on tape. He deliberately fails an eye test to be able to gain access to the textbook on tape. Not only does he display his neurotic need to exploit others, he also displays the need for social recognition and prestige at his job. In another observation, George is seen again exploiting others in order to fight his own anxiety. George is hoping to get a new apartment but the tenants board will be giving it to a man that survived a boat wreck about 50 years ago. The tenant board decided to hear both of their stories to decide whose was more tragic. George makes up a completely false story about a terrible life he had as a child. Although, Georges parents werent warm and affectionate at all, George makes up extravagant lies in order to get this apartment. In the end, George does not get the place, making his attempt at exploiting someone unsuccessful and creating additional anxiety. In general, I would say that George deals with his anxiety in a compliant way. He usually goes along with others, which is deepened by his need for approval and acceptance. When George began to date a woman, whom his friends said looked like Jerry, he panicked and broke up with her because of his friends jokes and thoughts. Georges compliant personality is also exemplified in the situation where Jerry and George decide to commit to women. George only adapted this new attitude because Jerry suggested it and encouraged it. However, the need for exploitation and social recognition follow the pattern of an aggressive personality. In both ways, neurotic needs are displayed and dealt with through Georges life. George Costanzas childhood was a typical environment for a neurotic adult to have been raised. His parents lacked warmth and understand as they constantly fought and whined at each other. Because of this, George developed basic anxiety and has to use ways to protect himself from feelings of isolation. Horneys neurotic needs are obvious in Georges actions and thoughts, which would be the main way I would assess Georges issues. Displaying these neurotic needs, according to Horney, would constitute George as a person having neurosis. George uses these needs to defend himself and make himself feel wanted. I would currently recommend more counseling because George is clearly still neurotic and his neurotic needs are interfering with, what could be, a happy, satisfying life.

Monday, November 25, 2019

Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. The WritePass Journal

Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. Introduction Critically analyse the ruling of the House of Lords in Howe [1987] 1 AC 417 that duress is not a defence to murder. IntroductionMain BodyConclusionBibliography Related Introduction It will be critically analysed in this study whether the ruling of the House of Lords in Howe [1987] 1 AC 417 was acceptable and whether the notion that duress is not a defence to murder should continue to apply. Various academic opinion will be analysed and a review as to whether some change ought to be made will be considered. Thus, it will be demonstrated that although duress should not be a complete defence to murder, it should be a partial defence as there are some situations which lead to injustice on the basis that this defence is not available to them.[1] Main Body Duress is a common law defence that seeks to protect individuals that have been forced or compelled to commit a crime. The defence of duress provides an exception to the rule that a person shall be held responsible for any crimes they commit on the basis that they had not done so voluntarily. As the defence is open to abuse, caution needs to be taken by the Courts when allowing the defence to be submitted. Accordingly, restrictions are needed to ensure that the level of threat the defendant has been subjected to is not menial. Hence, as noted by Spain; the defence of duress fails to recognise the reality that one will not need to be subjected to a specific type or level of threat for ones will to be overborne.[2] Furthermore, it is also important that the crime is not disproportionate to the threat in order for this defence to prove successful. This will prevent an abuse of the defence from occurring as individuals will not be able to take advantage of the defence in all circumstance s. An example of this can be seen in relation to murder where the defence of duress is not generally accepted by the Courts. This is because, it is difficult to persuade the Court that a person has been forced or compelled into committing a crime when the harm that has been caused, is greater than the harm that has been threated. In deciding whether a defendant can use this defence, nonetheless, the Courts will have to use the proportionality test, which is both subjective and objective. In R v Howe[3] it was held that a jury should consider whether; a) the defendant acted in this way because he honestly believed that his life was in immediate danger; and b) a reasonable person of the same characteristics of the defendant would have acted in the same way. Here, it was, nonetheless, found that duress could not be a defence to murder. This decision has been the subject of much controversy over the years with conflicting views as to whether the defence of duress should in fact apply to mur der.[4] On the one hand, it is believed by Shankland that duress should serve as a valid defence to murder on the basis that a murder which has been committed as a result of duress should be distinguished from a murder that was pre-meditated.[5] On the other hand, it was said by Toczek that defendants should not be able to rely upon the duress defence for murder as this could not be deemed a reasonable belief as required by the Court in Howe.[6] Accordingly, it would be difficult to establish that a persons belief to commit murder was reasonable on the basis that they were subjected to duress. The Court in the more recent case of R v Hasan[7] agreed with the Howe decision and made it even more difficult for the defence of duress to be successfully raised in all criminal cases. Here, it was argued that rather than merely finding that the defendant had a reasonable belief, it must be shown that they had an actual belief in the efficacy of the threat which compelled the defendant to commit the act. Arguably, it became apparent from this decision that rather than defendants demonstrating that they had a reasonable belief, they are now required to show that the reasonable belief was also a genuine one. The Law Commission have also expressed their concerns as to whether duress should apply to murder and have considered including duress as a partial defence to murder.[8] This would mean that first degree murder could be reduced to second degree murder, whilst second degree murder could be reduced to manslaughter. Whilst this would provide some protection to those individuals who have genuinely feared for their own or families life in committing the crime, it would prevent the scope being broadened too far. Accordingly, it has been said that moral involuntariness should be excused and that regardless as to what crime the defendant had committed, duress should be capable of being used as a defence.[9] Hence, it is said that the defendants fear or lack of courage should be given due c onsideration as these are central to the rational of the defendant. Conclusion Overall, it is evident that there are mixed opinions as to whether duress should be used as a defence to murder, yet whether this would broaden the scope too far is likely. This is because the defence would most likely be open to abuse if it could be used in circumstances such as this. Individuals would be capable of demonstrating that they had been subjected to duress in order to escape criminal liability for murder. This would be unjust in many situations as it cannot be said that the life of a human being is proportionate to a threat that has been made. Nevertheless, in order to ensure that complete liability is not imposed upon defendants in circumstances where they genuinely feared for their life, it could be said that duress should be used as a partial defence to murder. This would prevent defendants from completely escaping liability, yet it would provide the Courts with some leeway when considering certain cases that would require a defence, such as domestic violence victims. Bibliography Books E Spain., The Role of Emotions in Criminal Law Defences: Duress, Necessity and Lesser Evils, (Cambridge University Press, 2011). The Law Commission., Murder, Manslaughter and Infanticide: Project 6 of the Ninth Programme of Law Reform; Homicide, (The Stationary Office, 2006). Journals G Williams., Necessity: Duress of Circumstances or Moral Involuntariness? Common Law World Review, Volume 43, Issue 1, 1. L Toczek., A Case of Duress The New Law Journal, Volume 155, Issue 7173, 612. M Sorarajah., Duress and Murder in Commonwealth Criminal Law (1981) The International and Comparative Law Quarterly, Volume 30, No 3, 660-661. R Shankland., Duress and the Underlying Felony (2009) Journal of Criminal Law and Criminology, Volume 99, Issue 1227. Cases R v Hasan [2005] UKHL 22 R v Howe [1987] 1 AC 417

Thursday, November 21, 2019

America Gets VERY Involved Essay Example | Topics and Well Written Essays - 500 words

America Gets VERY Involved - Essay Example The Buddhist crisis was a result of the repressive reforms of the President Diem in South Vietnam. The reforms were majorly against the likes of the Buddhists, who constituted the majority of the population. Until 1963, the Buddhists resisted themselves from any rebellious demonstrations as a reaction to the disliked Diem rule. However, in May 1963, this patience came to a revolutionary end, when the Diem forbade the celebration of the Buddha’s birthday by religious banners or flags. On May 8, in the city of Hue, Buddhist leaders went against this order and continued their celebrations. This led to a conflict between the Diem army and the Buddhist monks leading to an open fire demonstration that resulted in the killing of nine people and fourteen people became wounded (Brune & Burns 2003). This event was precipitated as a result of the oppressive reforms and rule of President Diem and the event was significant in showing to the world the disdain and dislike his own people had for him. The Buddhist revolt gave evidence of the immense lack of support that Diem had in his own country (Brune & Burns 2003). Another significant turning point in the Buddhist crisis was on June 11. On a busy intersection of Saigon, a monk, Thich Quang Duc poured himself with gasoline and set himself on fire only to express his contempt for Diem. The American media captured this incident immediately and the photographs of the self-immolation became the highlights in not just United States but all around the world. These horrendous pictures of a monk on fire led to a wave of criticism and immediate action. The American policies were criticized for supporting Diem who was oppressive in his handling of religious matters. The American government on the other hand, realized the deficiencies in Diem ’s presidency, and forced him to withhold his strict limitations (Moss 2009). The Buddhist revolts were a