Timing Of The Special Warning Law Essay

Timing Of The Special Warning Law Essay Timing of the special warning is a matter for the interviewing officer. The warning can only be given in a post arrest, post caution interview.  [1]  There is no guidance in the Act as to when the special warning should be given but Codes E. 4.3C and C. 10.5A of the Codes of Practice are helpful. Code C concerns the detention and questioning of suspects and Code E concerns the tape recording of interviews with suspects: both state, when a suspect who is interviewed after arrest, fails or refuses to answer certain questions, or to answer them satisfactorily, after due warning, a court or jury may draw a proper inference from this silence under ss. 36 and 37 of the Criminal Justice and Public Order Act 1994. The use of after due warning indicates that the special warning should be given before questions are put to the suspect concerning objects, marks or substances or marks on such objects or being found at a place or about the time an offence has been committed. This is a common-sense approach. It would be an unnecessary burden for interviewing officers to be expected to judge, or know, whether an answer to questions is unsatisfactory or not. In many cases, the police only achieve discovery of an unsatisfactory answer after further enquiries. If a special warning is given then any later discovery of an unsatisfactory answer could be the subject of a proper inference using the statutory provisions of ss. 36 and 37. The chronology of the Act is also an indicator of when the special warning should be given. Section 36(1) has four parts: a) is the fact of the possession of objects, substances and marks; b) the belief of the officer that possession indicates participation in an offence; c) informing the suspect of the belief and the request for an explanation; d) the refusal or failure to explain. Item (c) is clearly the special warning. The warning must therefore come before any failure or refusal to answer.  [2]  The Police National Crime Faculty states that test questions should be asked before applying a special warning in their September 1996 update  [3]  when they assert however, a special warning should not be used in any circumstances until after a suspect has failed or refused to answer certain questions (Code C10.5A). This assertion makes no sense and flies in the face of the intention of the legislators.  [4]  The legislators interpretation is clearly right, the suspect should be warned of the sanction that could be applied, before questions begin, about incriminating articles or presence at a particular place. Useful analogies can be drawn: police have the power to take intimate samples, e.g. blood for the purpose of confirming or disproving a suspects involvement in a recordable offence.  [5]  Before a person is asked to provide the sample he must be warned that if he refuses without good cause, his refusal may harm his case if it comes to trial. Is there any essential difference between this provision and special warnings? The warning comes before the request: the suspect is informed of the sanction to be applied if he refuses the request. Another analogy would be a section 34 caution. A person whom there are grounds to suspect of an offence must be cautioned before any questions about it are put to him regarding his involvement or suspected involvemen[t].  [6]  In this case, the caution comes before the questions. Again, is there any essential difference between this provision and a special warning? It makes clear and common sense to apply the warning before questions are put. Comments by Police when Solicitor advises suspect to make no comment. I agree it is right not to undermine the legal representative by stating to the suspect that remaining silent may not be in their interest. However, the Royal Commission study in 1993  [7]  identified that legal representatives at police stations were frequently unqualified and untrained.  [8]  The Legal Advice and Assistance Regulations 1989 permit delegation by a solicitor to such unqualified clerks. The Royal Commission study also found that the incidence of advice to exercise the right to silence increased at police stations where the adviser was wholly experienced.  [9]   The case law to date clearly indicates that a mere assertion that a suspect should not answer questions on legal advice will not save them from an adverse inference.  [10]  Police should not be passive where non accredited or probationary representatives, unsuited to provide legal advice, advise suspects to remain silent to cover their own lack of knowledge or experience.  [11]  In those cases, police should consider contacting the solicitor to give them the opportunity to make alternative arrangements.  [12]   Reference is made in the memorandum to R v Condron and Condron.  [13]  It is suggested that the judgement simply gives guidance at court when the defence wish to challenge the drawing of inferences. That is not the meaning of the judgement. It clearly deals with a solicitor giving his clients advice not to answer questions from the police. The appeal court dealt with that by stating inter alia If the accused gave as a reason for not answering questions that he had been advised by his solicitor not to do so, that advice did not, in their Lordships judgement amount to a waiver of privilege. But equally that bare assertion was unlikely by itself to be regarded as a sufficient reason for not mentioning matters relevant to the defenc[e]. Prepared statements presented before interview or on charge. The memorandum refers to detailed advice prepared by the Criminal Justice office. I have read the detailed advice, which appears to state that suspects cannot be interviewed after charge except on information obtained after charge from sources other than the suspect. I am unable to discover the origin of this interpretation. Code C. 16.5 states that questions can be put where it is in the interests of justice that a person should have put to him and have an opportunity to comment on information concerning the offence which has come to light since he was charged or informed he might be prosecuted. There is no exclusion on information from the interviewee. It would be likely to be in the interests of justice where, for example, a suspect produced a detailed written explanation, after charge, especially where matters are raised, not previously covered by the interview. Need to record information disclosed before interview/charge. I agree with the sentiment of the paragraph. It would be a mistake to set a precedent requiring written disclosure in every case. Legal representatives frequently assert that all the prima facie evidence should be produced before interview or the suspect will be advised to remain silent. The origin of this advice are the recommendations of the Royal Commission that such a requirement be placed in the 3rd edition of the Codes of Practice.  [14]  The recommendations were not ratified and no such requirement exists. However, Doctor Eric Shepherd wrongly included the recommendation as a fact in his advice to legal representatives.  [15]  Police officers should be given guidance to equip them to deal with legal advisors who make assertions not based on legal requirements. Conclusions I have only briefly covered the matters raised in the proposed memorandum. I am willing to provide information that is more detailed if required. I hope that my views will be accepted in the way they are offered, i.e. helpful and qualified. The enclosed book is an in depth study of the matters mentioned above. The book contains critical comment about the stance taken by the Criminal Justice Office and the National Crime Faculty. It is the job of a master to critically comment. As uncomfortable as it is for the persons concerned I believe the comments are justified. It is to be hoped that the bodies criticised do not treat the comments personally, thereby clouding their judgement. Terence D. Inch M.A. LLM

Greatest Contribution of the Third Republic of the Philippine Presidents

Greatest Contribution of The third Republic of the Philippine Presidents Manuel A. Roxas First presidentf the Republic of the Philippines. A lawyer, he began his political career in 1917. An advocate for Philippine independence from the U. S. , he was a member of the convention that drew up a constitution under the revised Philippine Independence and Commonwealth Act (Tydings-McDuffie Act; 1934). He collaborated with the pro-Japanese administration during World War II but was defended in postwar trials by Gen.Douglas MacArthur. He became president of the Philippines when independence was achieved (1946). Roxas obtained rehabilitation funds from the U. S. but was forced to allow the U. S. to maintain military bases and make other major concessions. His government was marred by corruption and police brutality, setting the stage for the Hukbalahap Rebellion. Elpidio Quirino His six years as president were marked by notable postwar reconstruction, general economic gains, and increased ec onomic aid from the United States.Basic social problems, however, particularly in the rural areas, remained unsolved, and his administration was tainted by widespread graft and corruption. Ramon Magsaysay As president, he was a close friend and supporter of the United States and a vocal spokesman against communism during the Cold War. He led the foundation of the Southeast Asia Treaty Organization also known as the Manila Pact of 1954, that aimed to defend South East Asia, South Asia and the Southwestern Pacific from communism. He was also known for his integrity and strength of character.During his term, he made Malacanang Palace literally a â€Å"house of the people†, opening its gates to the public. Carlos Garcia During his administration, he acted on the Bohlen–Serrano Agreement which shortened the lease of the US Bases from 99 years to 25 years and made it renewable after every five years. He also exercised the Filipino First Policy, for which he was known. This p olicy heavily favored Filipino businessmen over foreign investors. He was also responsible for changes in retail trade which greatly affected the Chinese businessmen in the country.Diosdado Macapagal During his presidency, the Philippines enjoyed prosperity and was the second most developed country in the Asian region, next only to Japan and ahead of the future tiger economies of Asia such as Singapore, Taiwan, and Korea. Allowed the Philippine peso to float on the free currency exchange market. abolition of tenancy and accompanying land reform program in the Agricultural Land Reform Code of 1963 which underscored his endeavor to fight mass poverty. Ferdinand MarcosDuring his first term he had made progress in agriculture, industry, and education. Yet his administration was troubled by increasing student demonstrations and violent urban-guerrilla activities. Initially, he had a good record as president and the Filipinos expected him to be one of the best. However, conditions changed in later years and his popularity with the people started diminishing. Proclaimed Martial Law. Corazon Aquino Despite the euphoria following the overthrow of the Marcos government, Aquino faced the massive challenge of restoring the nation.She established a revolutionary government under the terms of a provisional â€Å"Freedom Constitution†, legally establishing the structure of the government pending the adoption of a permanent, democratically-drafted constitution. Fidel Ramos The first few years of his administration (1992-1995) were characterized by economic boom, technological development, political stability and efficient delivery of basic needs to the people. During his administration, Ramos began implementing economic reforms intended to open up the once-closed national economy, encourage private enterprise, invite more foreign and domestic investment, and reduce corruption.Joseph Estrada Idolized by the poor, he campaigned on a combination of policies that are both market-friendly and designed to reduce widespread poverty in a population of 70 million. Gloria Arroyo Arroyo, a practicing economist, has made the economy the focus of her presidency. Early in her presidency, Arroyo implemented a controversial policy of holiday economics, adjusting holidays to form longer weekends with the purpose of boosting domestic tourism and allowing Filipinos more time with their families. Benigno Aquino iiiDespite having the privilege of using ‘wang-wang’, Aquino maintained he would set the example for his no ‘wang-wang’ policy, not to use ‘wang-wang’, even if it means being stuck in traffic and being late every now and then. Executive Order No. 5 prevents special envoys from using the title â€Å"ambassadorAquino also ordered the Department of Health (DOH) to support and assist all regional hospitals and health centers and intensify their efforts to attend to the needs of dengue–inflicted patientsOn September 2 , 2010, Aquino signed Executive Order No. , extending the duration of the operations of the Presidential Middle East Preparedness Committee (PMEPC) to December 30, 2010[ On September 8, 2010, Aquino signed Executive Order No. 7, ordering the suspension of all allowances, bonuses and incentives of board members of government-owned and-controlled corporations (GOCCs) and government financial institutions (GFIs) until December 31, 2010

Code-switching: The Effects for Students and Teachers

Introduction In the current global economic climate, the ability to speak English has become an important business tool. English has essentially become the â€Å"universal second language† of the international labour market, and the socio-economic significance of this cannot be overstated (Light, 2007: 9). It is now commonplace for many universities across the world to teach courses in English as well the native language of their country. One of the most apparent consequences of this has been the widespread use of code-switching, where multiple languages are spoken in everyday communication. As such, code-switching is often seen as a social as well as a linguistic medium. This paper will attempt to demonstrate the causes and effects of code-switching in bilingual classes. The Definition of Code-switching Code-switching involves the use of multiple languages, where speakers of additional languages incorporate alternate linguistic elements into their source language. As such, two or more languages may be spoken alternately during a conversation. Chan et al (2009) usefully describe code-switching as â€Å"the intra-sentential switching of two different languages in a spoken utterance† (Chan et al, 2009: 281). The Causes and Effects of Using of Code-switching in an Academic Context The academic use of code-switching involves a more complex and random effect than can be fully explained by a students ability to speak in a certain language. Recent (debatable) research has identified reasons behind the occurrence of code-switching and the extent to which the process of learning has been affected. A large number of situations are considered to be causes of code-switching, one of which is linked to gaps in students’ linguistic ability. As a result, students may engage in code-switching in order to overcome linguistic shortcomings; however this cause may be considered a weak justification. In other cases, a lack of one or more words in either language may lead to code-switching. That is to say, bilinguals make clear that they code-switch when they cannot find the correct expression or term. Often the target language simply does not have the exact word needed in order to maintain a discussion smoothly, and code-switching is necessary. In addition, code-switching can have a positive impact in an academic context. An important teaching skill is the ability to transfer knowledge to students in a clear and efficient manner, and so code-switching can be a useful tool in the classroom for both teachers and students (Bista, 2010: 1). Code-switching may also be used to emphasize a point, or to add more force to a phrase. On a psychological level, learners often code-switch when they feel tired or angry. For example when the speaker is in a good mood, the appropriate word or expression in their second language is easily identified. However if the speaker is distracted in any way, they may find it difficult to grasp the correct word. In a purely linguistic capacity, code-switching may be used to compliment a statement, where it can particularly reinforce an intention or meaning of the speaker. Although sometimes viewed as linguistic incompetence this is not always the case. Code-switching will often occur when the speaker wishes to compensate for a lack of a verbal equivalent in the second language. Baker (2007) describes this well: â€Å"Words or phrases in two languages may not correspond exactly, and the bilingual may switch to one language to express a concept that has no equivalent in the culture of the other language† (Baker, 2007:108). There are also personal and social reasons for code-switching in that one’s choice of words can represent an expression of their personality. Allatson (2007) suggests factors that can lead to code-switching as location, class, gender and age. In addition the relationship between the speakers; the formal or informal nature of the conversation and the social status of the speakers can also be factors (Allatson, 2007: 73). Another social explanation is that speakers tend to code switch to attract attention. In Saudi Arabia, for example, code-switching is often used among teenagers to draw the attention of their colleagues. Furthermore they switch from Arabic to English to show that they are confident about themselves. In general, code-switching effects are widely perceived as negative. Namely, there is a tendency to view code-switching as barrier to learning and as being disruptive to the learning environment. Accordingly, the practice has been considered as a sign of linguistic deficiency. Li (2008) notes that despite code-switching being commonplace in both the speech and writing of multilingual societies (often with English as the second language), it is usually frowned upon by multilingual speakers within these societies. (Li, 2008: 76). In an academic context, studies by Arrifin and Husin (2011) have observed that learners with a greater linguistic ability often see code-switching as and obstacle to becoming fluent in a second language. Their findings indicated that students with a degree of competence in English found it difficult to make progress in an environment of code-switching (Arrifin et al, 2011: 221). Other studies have reached similar conclusions. Bista (2010) conducted a study in the US which found that code-switching not only had a negative impact on the linguistic learning ability of students, but also highlighted lack of ability in the second language as a primary cause of code-switching (Bista, 2010: 1). Others have a different view however, in particular that code-switching may be perceived as ‘linguistic resourcefulness’. Baker (2007) argues that users of code-switching show impressive cognitive, linguistic, and social skills. In his view code-switchers may be preserving the meaning of their original statement by overcoming the lack of a suitable word in the second language (Baker, 2007: 56-57). Surveys of a number of English language students have reported that they view code-switching as having a considerable influence on the learning process. From their perspective, code-switching assists in understanding the more complex linguistic elements of the second language. It may also help in the translation from their first language to the target one. Conclusion It may apparently be concluded that the impression of code-switching as a barrier to learning seems to be the prevalent view amongst both learners and teachers, and that any positive effects of code-switching are not yet widely recognised. As a consequence of this, it would be reasonable to assume that the attitude of both teachers and students towards code-switching may have been somewhat influenced by this common viewpoint. In the near future however, signs are that code-switching may possibly be seen as a tool for learning. In that event, some restrictions on the use of code-switching must be established by teachers in the classroom, and learners should code-switch only when there is an in urgent case. Eventually, it might yet become a beneficial tool for both learners and teachers. References Allatson, P., 2007. Key terms in Latino/a cultural and literary studies, Oxford: Blackwell. Baker, C., 2007. A Parents’ and Teachers’ Guide to Bilingualism, Clevedon: MPG Books. Light, I., 2007. ‘Global Entrepreneurship and Transnationalism’. In Ed. L. Paul Dana. Handbook of Research on Ethnic Minority Entrepreneurship: a Co-evolutionary View on Resource Management, Cheltenham: Edward Elgar Publishing. pp.3-15. Arrifin, K. and M. Susanti Husin, 2011. ‘Code-switching and Code-mixing of English and Bahasa Malaysia in Content-Based Classrooms: Frequency and Attitudes’. The Linguistics Journal, June, pp.220-47. Bista, K., 2010. ‘Factors of Code Switching among Bilingual English Students In the University Classroom: A Survey’. English for Specific Purposes World, Volume 9, pp.1-19. Chan, J. Y. C., H. Cao, P. C. Ching, T. Lee, 2009. ‘Automatic Recognition of Cantonese-English Code-Mixing Speech’. Computational Linguistics and Chinese Language Processes, September, pp.281-304. Li, D. C. S., 2008. ‘Understanding Mixed Code and Classroom Code-Switching: Myths and Realities’. New Horizons in Education, December, pp.75-87.

Why is perception important Explain the factors...

Question No.2: Why is perception important? Explain the factors influencing perception. Answer: Perception can be defined as a process by which individuals organize and interpret their sensory impressions in order to give meaning to their environment. However, as we have noted, what one perceives can be substantially different from objective reality. An individual’s behaviour is based on their perception of reality, not on reality itself. It is important in communicating effectively, assessing situations, understanding behaviours, and selecting and evaluating employees. Perception helps us to understand differences in the behaviours of different people by showing us that their perceptions vary, even though the situation/context might†¦show more content†¦Cognitive complexity allows a person to perceive multiple characteristics of another person rather than attending to just a few traits. g. Expectations: Finally, expectations can distort your perceptions in that you will see what you expect to see. The research findings of the study conducted by Sheldon S Zalkind and Timothy W Costello on some specific characteristics of the perceiver reveal Knowing oneself makes it easier to see others accurately. One’s own characteristics affect the characteristics one is likely to see in others. People who accept themselves are more likely to be able to see favorable aspects of other people. Accuracy in perceiving others is not a single skill. These four characteristics greatly influence how a person perceives others in the environmental situation. 2. The Target: Characteristics in the target that is being observed can affect what is perceived. Physical appearance plays a big role in our perception of others. Extremely attractive or unattractive individuals are more likely to be noticed in a group than ordinary looking individuals. Motion, sound, size and other attributes of a target shape the way we see it. The perceiver will notice the target’s physical features like height, weight, estimated age, race and gender. Perceivers tend to notice physical appearance characteristics that contrast with the norm, that are intense, or that are new or unusual. Physical attractiveness often colours ourShow MoreRelatedPsychology, Risk and Safety: Factors Influencing Risk Perception of Ironworkers1058 Words   |  5 Pageshis article, Mr. Dominic Cooper highlights four important factors that influence the perception of risk. Risk perceptions are determined by people’s personality, behavior, attitude, and situations (Cooper, 2003). However, a person’s personality and the situation encountered directly influence risk perceptions while the other factors have a contributing role. Personality, for instance, is considered by the author as one of the main factors influencing the way people perceive risk. There are severalRead MoreTheoretical conceptual framework Conceptually, the three theories Stakeholders Theory, System900 Words   |  4 Pagesis an approach that explains the motivation of the public to exhibit certain attitudes. The theory approach shows that we develop favorable attitudes toward activities that aid us or reward us and form a negative certain attitude toward the activities that do not benefits us. Compared to System Theory and Stakeholders Theory, Functionalist Theory of Attitude makes the largest impact on this research. Concept of Perception Perception is closely related to attitudes. Perception is the process by whichRead MoreWhat Does A Social Psychology Research Tell Us About Factors That Enhance Or Deter Attraction?788 Words   |  4 PagesResearch Topic What does recent social psychology research tell us about factors that enhance or deter attraction to others? Are people predictable on any of these contributing factors? Are there attraction factors that are universally the same? Explain. Are their differences in friend attraction and romantic attraction? Why? How does attraction differ by age and/or gender? Provide examples. Are these individual and/or linked to the cultural context? What does the empirical literature tell us aboutRead MoreIntroduction. Police And Other Agencies Within Law Enforcement1469 Words   |  6 Pagesexamined how extra-legal influences may create an impact on the criminal justice process (Regoeczi Kent, 2014). This essay seeks to determine the origin of discretion in policing, contributing factors that may have an influence on police discretion and decision-making, factors that may influence citizens’ perception of the police, and possible solutions to improve police and citizen relations. EVOLUTION OF POLICE DISCRETION Prior studies investigated if the use of discretion by police in the decision-makingRead MoreTechnology Apprehensiion746 Words   |  3 Pagesdevelopers realize that lack of user acceptance of their technology can lead to loss of money, resources, and the failure of their product. In studying this key factor of user acceptance and use of technology, the Technology Acceptance Model (TAM) is one of the most cited models.TAM was developed by Fred Davis and Richard Bogazzi to explain computer technology user decisions. The theoretical basis of the TAM model was from Fishbein and Ajzen’s Theory of Reasoned Action (TRA). The Technology AcceptanceRead More Nature of Logic and Perception Essays1127 Words   |  5 PagesNature or Logic and Perception Outline: 1. Definition of logic and its connection with critical thinking. 2. An everyday example is given when use of logic and critical thinking takes place. 3. Nature of logic defined. 4. Perceptual shortcuts and factors influencing it. 5. How these shortcuts affect our decisions. 6. My personal experience of perceptual shortcut. 7. What I learned from this experience. 8. Importance of logic and critical thinking. 9. Read MoreThe Issues Surrounding The Idea Of Immunization Essay1576 Words   |  7 Pagesbecause the injections will not increase immunity levels and the possibilities of negative reactions are too great of risk. This conflict of perceptions is related to the way people perceive cognitive limitations, the psychometric paradigm and the axiomatic paradigm; these include factors such as dread, control and voluntariness. A great influence on these perceptions is health professionals’ communication strategies, who target social media, advertisements and reports. The concept of risk means differentRead MorePerception and Individual Decision Making Mcqs7335 Words   |  30 PagesChapter 5 Perception and Individual Decision Making MULTIPLE CHOICE What is Perception? 1. What is the process by which individuals organize and interpret their sensory impressions in order to give meaning to their environment? a. interpretation b. environmental analysis c. social verification d. outlook e. perception (e; Easy; Perception; p. 139) 2. What is the relationship between what one perceives and objective reality? a. They are the same. b. They can be substantially different. cRead MoreThe Impact Of Long Waiting List On The Recipients And Their Families1439 Words   |  6 Pagesthese people and their thousands of corresponding family’s wonder daily whether a life-saving transplant will come but also why more Australians do not register to donate. A single donation has the potential to transform the lives of 10 or more people. Yet the list of will viable donors is still woefully short. This essay uses the Theory of Planned Behavior (TPB) to explorer (factors are preventing Australians from becoming a registered organ donor). It will begin by exploring the negative impacts ofRead MorePublic Administration Vs. Government1461 Words   |  6 PagesRudolph and Rahn, 2000). On the other hand, trust also can be seen as the cause of better government performance as the citizens may think the people running the government would not do anything illegitimate and beyond the rules (Uslaner, 2002). That is why researchers are still trying to figure out whether the trust is cause or consequence (Bjà ¸rnskov, 2007 2010). It implies that the mystery of citizens’ trust in government still to be solved based on scholarly agreement. Moreover, citizens’ trust in