Wednesday, November 27, 2019
Raphael Semmes in the Civil War
Raphael Semmes in the Civil War Raphael Semmes - Early Life Career: Born in Charles County, MD on September 27, 1809, Raphael Semmes was the fourth child of Richard and Catherine Middleton Semmes. Orphaned at an early age, he moved to Georgetown, DC to live with his uncle and later attended Charlotte Hall Military Academy. Completing his education, Semmes elected to pursue a naval career. With the assistance of another uncle, Benedict Semmes, he obtained a midshipmans warrant in the US Navy in 1826. Going to sea, Semmes learned his new trade and succeeded in passing his exams in 1832. Assigned to Norfolk, he cared for the US Navys chronometers and spent his spare time studying law. Admitted to the Maryland bar in 1834, Semmes returned to sea the following year aboard the frigate USS Constellation (38 guns). While aboard, he received a promotion to lieutenant in 1837. Assigned to the Pensacola Navy Yard in 1841, he elected to transfer his residency to Alabama. Raphael Semmes - Prewar Years: While in Florida, Semmes received his first command, the sidewheel gunboat USS Poinsett (2). Largely employed in survey work, he next took command of the brig USS Somers (10). In command when the Mexican-American War began in 1846, Semmes commenced blockade duty in the Gulf of Mexico. On December 8, Somers became caught in a severe squall and began to founder. Forced to abandon ship, Semmes and the crew went over the side. Though he was rescued, thirty-two of the crew drowned and seven were captured by the Mexicans. A subsequent court of inquiry found no fault with Semmes behavior and praised his actions during the brigs final moments. Sent ashore the following year, he took part in Major General Winfield Scotts campaign against Mexico City and served on the staff of Major General William J. Worth. With the end of the conflict, Semmes moved to Mobile, AL to await further orders. Resuming the practice of law, he wrote Service Afloat and Ashore During the Mexican War about his time in Mexico. Promoted to commander in 1855, Semmes received an assignment to the Lighthouse Board in Washington, DC. He remained in this post as sectional tensions began to rise and states started to leave the Union after the election of 1860. Feeling that his loyalties were with the newly-formed Confederacy, he resigned his commission in the US Navy on February 15, 1861. Traveling to Montgomery, AL, Semmes offered his services to President Jefferson Davis. Accepting, Davis sent him north on a mission to covertly buy arms. Returning to Montgomery in early April, Semmes was commissioned as a commander in the Confederate Navy and made head of the Lighthouse Board. Raphael Semmes - CSS Sumter: Disappointed with this assignment, Semmes lobbied Secretary of the Navy Stephen Mallory to allow him to convert a merchant vessel into a commerce raider. Granting this request, Mallory ordered him to New Orleans to overhaul the steamer Habana. Working through the early days of the Civil War, Semmes changed the steamer into the raider CSS Sumter (5). Completing the work, he moved down the Mississippi River and successfully breached the Union blockade on June 30. Outrunning the steam sloop USS Brooklyn (21), Sumter reached open water and began hunting Union merchant vessels. Operating off Cuba, Semmes captured eight ships before shifting south to Brazil. Sailing in southern waters into the fall, Sumter took four additional Union vessels before returning north to coal at Martinique. Departing the Caribbean in November, Semmes captured six more ships as Sumter crossed the Atlantic Ocean. Arriving at Cadiz, Spain on January 4, 1862, Sumter badly required a major overhaul. Prohibited from doing the needed work in Cadiz, Semmes moved down the coast to Gibraltar. While there, Sumter was blockaded by three Union warships including the steam sloop USS (7). Unable to move forward with repairs or escape the Union vessels, Semmes received orders on April 7 to lay up his ship and return to the Confederacy. Taking passage to the Bahamas, he reached Nassau later that spring where he learned of his promotion to captain and his assignment to command a new cruiser then under construction in Britain. Raphael Semmes - CSS Alabama: Operating in England, Confederate agent James Bulloch was tasked with establishing contacts and finding vessels for the Confederate Navy. Forced to operate through a front company to avoid issues with British neutrality, he was able to contract for the construction of a screw sloop at the yard of John Laird Sons Company in Birkenhead. Laid down in 1862, the new hull was designated #290 and launched on July 29, 1862. On August 8, Semmes joined Bulloch and the two men oversaw the construction of the new vessel. Initially known as Enrica, it was rigged as a three-masted barque and possessed a direct-acting, horizontal condensing steam engine which powered a retractable propeller. As Enrica completed fitting out, Bulloch hired a civilian crew to sail the new vessel to Terceira in the Azores. Sailing aboard the chartered steamer Bahama, Semmes and Bulloch rendezvoused with Enrica and the supply ship Agrippina. Over the next several days, Semmes oversaw Enricas conversion into a commerce raider. With the work complete, the he commissioned the ship CSS Alabama (8) on August 24. Electing to operate around the Azores, Semmes scored Alabamas first prize on September 5 when it captured the whaler Ocumlgee. Over the next two weeks, the raider destroyed a total of ten Union merchant ships, mostly whalers, and inflicted around $230,000 in damage. Moving toward the East Coast, Alabama made thirteen captures as the fall progressed. Though Semmes desired to raid New York harbor, a lack of coal forced him to steam for Martinique and a meeting with Agrippina. Re-coaling, he sailed for Texas with the hope of frustrating Union operations off Galveston. Nearing the port on January 11, 1863, Alabama was spotted by the Union blockade force. Turning to flee like a blockade runner, Semmes succeeded in luring USS Hatteras (5) away from its consorts before striking. In a brief battle, Alabama forced the Union warship to surrender. Landing and paroling the Union prisoners, Semmes turned south and made for Brazil. Operating along the coast of South America through late July, Alabama enjoyed a successful spell that saw it capture twenty-nine Union merchant ships. Crossing to South Africa, Semmes spent much of August refitting Alabama at Cape Town. Eluding several pursuing Union warships, Alabama moved into the Indian Ocean. Though Alabama continued to increase its tally, hunting became increasingly sparse particularly when it reached the East Indies. After overhauling at Candore, Semmes turned west in December. Departing Singapore, Alabama was increasingly in need of a full dockyard refit. Touching at Cape Town in March 1864, the raider made its sixty-fifth and final capture the following month as it steamed north toward Europe. Raphael Semmes - Loss of CSS Alabama: Reaching Cherbourg on June 11, Semmes entered the harbor. This proved a poor choice as the only dry docks in the city belonged to the French Navy whereas La Havre possessed privately-owned facilities. Requesting use of the dry docks, Semmes was informed that it required the permission of Emperor Napoleon III who was on vacation. The situation was made worse by the fact that the Union ambassador in Paris immediately alerted all Union naval vessels in Europe as to Alabamas location. The first to arrive off the harbor was Captain John A. Winslows Kearsarge. Unable to gain permission to use the dry docks, Semmes faced a difficult choice. The longer he remained at Cherbourg, the greater the Union opposition would likely become and the chances increased that the French would prevent his departure. As a result, after issuing a challenge to Winslow, Semmes emerged with his ship on June 19. Escorted by the French ironclad frigate Couronne and the British yacht Deerhound, Semmes approached the limit of French territorial waters. Battered from its long cruise and with its store of powder in poor condition, Alabama entered the battle at a disadvantage. In the fight that ensued, Alabama hit the Union vessel several times but the poor condition of its powder showed as several shells, including one that hit Kearsarges sternpost, failed to detonate. Kearsarge faired better as its rounds hit with telling effect. An hour after the battle began, Kearsarges guns had reduced the Confederacys greatest raider to a burning wreck. With his ship sinking, Semmes struck his colors and requested help. Sending boats, Kearsarge managed to rescue much of Alabamas crew, though Semmes was able to escape aboard Deerhound. Raphael Semmes - Later Career Life Taken to Britain, Semmes remained abroad for several months before embarking on the steamer Tasmanian on October 3. Arriving in Cuba, he returned to the Confederacy via Mexico. Arriving in Mobile on November 27, Semmes was hailed as a hero. Traveling to Richmond, VA, he received a vote of thanks from the Confederate Congress and gave a full report to Davis. Promoted to rear admiral on February 10, 1865, Semmes took command of the James River Squadron and aided in the defense of Richmond. On April 2, with the fall of Petersburg and Richmond imminent, he destroyed his ships and formed a Naval Brigade from his crews. Unable to join General Robert E. Lees retreating army, Semmes accepted the rank of brigadier general from Davis and moved south to join General Joseph E. Johnstons army in North Carolina. He was with Johnston when the general surrendered to Major General William T. Sherman at Bennett Place, NC on April 26. Initially paroled, Semmes later was arrested in Mobile on December 15 and charged with piracy. Held at the New York Navy Yard for three months, he gained his freedom in April 1866. Though elected probate judge for Mobile County, federal authorities prevented him from taking office. After briefly teaching at the Louisiana State Seminary (now Louisiana State University), he returned to Mobile where he served as a newspaper editor and author. Semmes died at Mobile on August 30, 1877, after contracting food poisoning and was buried in the citys Old Catholic Cemetery. Selected Sources US Navy: Captain Raphael Semmes CSS AlabamaEncyclopedia of Alabama: Raphael Semmes HistoryNet: Confederate Raider Raphael Semmes
Saturday, November 23, 2019
The French Revolution had a significant impact upon British political culture and institutions Essays
The French Revolution had a significant impact upon British political culture and institutions Essays The French Revolution had a significant impact upon British political culture and institutions Essay The French Revolution had a significant impact upon British political culture and institutions Essay Essay Topic: History It inspired greater demands for reform that had been developing as a result of social and economic changes in Britain and encouraged the growth of reformist and politically radical societies to advocate these demands. This pressure for reform was countered by a corresponding conservative political reaction and a crackdown by the authorities, thus the events in France caused a deep polarisation of British society. As a result civil disorder and militant behaviour by the opposing factions increased as pamphlets, newspapers and various forms of propaganda were distributed widely by reformist and loyalist societies. Publications from figures such as Thomas Paine and Edmund Burke, whilst increasing this polarisation also served to increase the political awareness of large sectors of the population and helped democratic ideals to permeate British society. However, whilst significant, the direct impact of the French Revolution was both moderated and accentuated by external factors such as the war between the two nations and economic and agricultural conditions. Socio-economic developments such as urbanisation, improved educational opportunities, a flourishing press and a middle class which was growing as a result of economic expansion had increased calls for reform in Britain throughout the late eighteenth century. The initial impact of the French Revolution was to electrify reformist opinion, both radical and moderate. Reform societies such as the Revolution Society and the Society for Constitutional Information sent resolutions congratulating the French National Assembly. In 1791 meetings were organised throughout the country to mark Bastille Day and the event itself was performed as a pageant in Londons theatres. New radical associations such as the London Corresponding Society (LCS), which was founded in 1792, lobbied for universal male suffrage and parliamentary reform. The same was true in large and small towns across the country and helped to politicise and radicalise popular opinion. Nicholas Rogers states that the public welcomed the fall of French absolutism1 and the impact of what at first appeared to be a successful revolt increasingly began to make itself felt upon British politics. Reformers such as Henry Flood, whos moderately reforming bill to parliament in 1790 was roundly defeated, used events in France as an encouragement to reform to prevent a total revolution occurring in Britain. The moderate Society of the Friends of the People encouraged reform as a preventative remedy to avert for ever from our Country the calamities inseparable with such convulsions2. The response to the French Revolution of Flood and other moderates such as Major John Cartwright (who established the Society for Constitutional Information), was to enfranchise only those with property and not the irresponsible masses3. The impact of the revolution on more radical reformers was even more significant particularly as the moderates ultimately failed in their limited aims. Events in France were initially compared to the Glorious Revolution of 1688. Indeed the reformist chaplain and writer Richard Price used the centenary celebrations of the Revolution Society to acclaim the Revolution in France. Furthermore used the occasion to argue that though the [Glorious] Revolution was a great work, it was by no means a perfect work; and that all was not then gained which was necessary to put the kingdom in the secure and complete possession of the blessings of liberty. Thus the Revolution in France and the Declaration of the Rights of Man, which had won reforms that went much further than those secured in the Glorious Revolution, became something worthy of emulation4. Indeed the apparent success of the French Revolution in surpassing Britains own Glorious Revolution, and the failure of the moderates, encouraged radical reformers in their aims and won more popular support for their cause. Leading radical Thomas Paine went further than Price in his Rights of Man w hich was widely disseminated throughout society. Paine called for the abolition of the monarchy and for the sovereignty of the people. Dickinson states that he dismissed the much vaunted Glorious Revolution and compared it unfavourably to the much more radical revolutions in America and France5. Rogers argues that support for Paines views was widespread and as a result in about twenty towns throughout England and Scotland popular democratic societies emerged and rapidly expanded in to the countryside and areas where clubs and debating societies had not been woven into political life. Indeed he cites Newcastle-Under-Lyme as being ripe for revolt, especially the lower class of inhabitants6. Certainly Paines immensely popular pamphlet, along with the many others advocating radical views, ignited political debate, encouraged reformist views and facilitated the political enlightenment of large sections of the population and in particular the working classes. Whilst the French Revolution caused an explosion of radical societies, literature and pressure for reform, conversely it set off a reaction by those in British society who were opposed to the revolution and the ideals it espoused. As the revolution became more radical and posed an explicit threat to the status quo in Britain, increasingly Government pressure and loyalist writings and societies was used to counter those who supported reform. Edmund Burkes Reflections on the Revolution in France, written in response to Prices speech to the Revolution Society, forecast the later upheaval in French society and defended the British political system. Rogers states that Burkes Reflections helped to fuel the hostility to pro-French sentiment, to a point where some conservatives feared that the 1791 celebrations of the storming of the Bastille would precipitate widespread sedition and disorder7. These fears were apparently well founded as moderate radicalism failed and, following the excesses of the Revolution in France, opinion over reform became increasingly polarised. This polarisation is illustrated by the foundation of loyalist associations, such as the Association for the Preservation of Liberty and Property against Republicans and Levellers (APLP) according to Dickinson the largest political organisation in the country8. They sought to contrast British prosperity and political stability with the anarchy unfolding in France. These societies mirrored the radical societies and produced their own propaganda as well as resorting to threatening radical groups and individuals. On the anniversary of Bastille Day in 1791, widespread violence erupted in Birmingham as loyalists attacked the houses of reformists and disrupted meetings of radical groups. In addition, intimidation against radical groups and those who might host their meetings was widespread. The battle of ideas in Britain ignited by the French Revolution, and the popularity of radical ideas as advocated by Paine and others, forced the Government to intervene in order to halt the spread of radical concepts. The Government used spies and informants to investigate radical groups as well as using their legislative powers. The Treasonable Practices Act of 1795 and the Seditious Meetings Act of 1795 (the gagging acts) were used to prosecute those reformers who encouraged the deposition of the King or who held radical meetings. The combination of loyalism and government pressure, as a reaction against the radical ideas encouraged by the French Revolution, was ultimately successful. However, the conservative victory over the reformists was aided by the excesses of the revolution and fears of invasion roused by the outbreak of war between the two states. Equally the radicals were aided by a deteriorating economic situation and severe food shortages which caused widespread protest. Thus while the French Revolution may have encouraged a polarisation of British society along radical and conservative lines, other factors equally encouraged this state of affairs. Certainly in Britain there was a significant upsurge in discontent and greater calls for reform of the political system, which were due in part to the influence of events across the Channel. It is difficult to accept the view expounded by Ian Christie, that merely a minority of intellectuals welcomed the early stages of the revolution and much of this enthusiasm withered in face of the Revolution Militant after 17939. The widespread popularity of radical ideas and the fact that the government introduced the gagging acts in1795 shows it was not a merely a minority of intellectuals whose enthusiasm for radicalism waned after 1793. However, despite support for reform being further encouraged by a poor harvest and a relatively poor economic situation, the radical movement was hindered by splits over its methods and aims, the loyalism of many in British society and the fact that they were not opposing an absolutist regime. Indeed, the British had had their Glorious Revolution and these factors were sufficient to suppress the calls for reform until 1832. The impact of the French Revolution was that, in conjunction with other factors, it encouraged radical movements and ideas which correspondingly fostered a conservative reaction which was able to resist the ideals of the revolution. This deep polarisation of British politics caused an increase in disorder and militant behaviour but improved the political education of British society.
Thursday, November 21, 2019
Final Project Term Paper Example | Topics and Well Written Essays - 2750 words
Final Project - Term Paper Example Time management is the other key aspect for managing a project, which is where time estimates are given for various aspects of the project, and the project manager must continually monitor the time estimates to determine if they are accurate, liberal or conservative. Cost management is similar to time management, and this is where the costs are maximally reduced, so that profit is maximized. Quality management is the next knowledge area, and the way to measure quality is smart, measurable, attainable, realistic and timely. Communications management is where the stakeholders are apprised about the project with status updates, minutes of meetings, reports on deliverables, etc. Human resource management means that different team members are brought in, according to their expertise, during different specific moments in the schedule. Risk management is the increasing of the impact and probability of positive risks and decreasing negative risks. Procurement management is the process of det ermining what to procure and when, and this is where bids are solicited and sellers are determined . And integration management ensures that various elements of the projects are properly coordinated. This might involve making trade-offs among competing objectives and alternatives (PMI, 2013). These processes and knowledge areas will be applied to the situation at hand, which is a project where a data center will be moved for the customer who is Fiction Corp. Incorporating PMBOK Into the Final Project Initiating the Plan The first part of the plan initiation would be assembling a team that has the expertise that is necessary for this project. Since this project would entail a large amount of technical expertise, the team should consist of IT professionals which specialize in the different areas which are demanded in this project, as well as network managers and security professionals. Also, because the network is to be upgraded, the personnel to accomplish this also must be selected. Also, what must be determined is the implementers who need to be involved with the requirements and the design of the project (PMI, 2013). Then, going through the processes, the next step would be planning the project ââ¬â the key objectives here would be time constraints and budget constraints, and the objectives would be to move the data center with a minimum of disruptions, upgrade the network and security of the data center. Because it is imperative that there be as few disruptions as possible, it is also imperative that all of these implementations occur in a timely manner. Therefore, when the next process occurs, which is executing the process, and people are coordinated and resources are also coordinated, the people who are coordinated must be informed of the main objectives of time and budget constraints, along with being informed about the details of the project. The resources which are amassed also must deal with these aspects of the project. These are all the three p rocess which go into the initial stages, because the other two projects ââ¬â controlling process and closing process ââ¬â
Wednesday, November 20, 2019
Critically appraise the contribution of Michael Power's audit Essay
Critically appraise the contribution of Michael Power's audit explosion argument to our understanding of accountability - Essay Example However the arguments go further to claim that these assumed causes need further support and research to express that the audit expansion is not a UK phenomenon (Power, 2002:183). This paper will review the basic arguments of the of The Audit Society and reconsider the causes and consequences of the audit society. Introduction Financial auditing is a statistical practice which seeks to draw conclusions from a limited inspection of documents. These documents can be written representations or budgets. More so, the inspections can be on oral testimony and direct observation. Prior to the past traditional methods of auditing in the UK, auditing began to modify by acquiring a new broader context. This was the reason because, audit began to play a new task in both the political and the economic sector. From this point, auditing became broader and a more significant tool in the society (Reuchars, 2004:76). Causes of Audit Explosion During the 1980s, the public sector institutions were chara cterized by financial constraints. Due to this factor, auditing and inspection became highly valued and important tool of change. National Audit Office and The Audit Commission became outstanding forces in government by playing an evolving and intricate constitutional role in different ways. In the late 1990s, the pressure for change increased as well as the demand for inspection and monitoring finances (Power, 2002:183). In another word audit explosion was driven by political demands on behalf of the citizens, patients, taxpayers, students and others. The reason behind this force was to provide greater accountability and transparency of service by both the public a and the private sector. The other pressure that forced the explosion of auditing was the rise of quality assurance practices and related transformations in regulatory style. Consequences of Auditing The introduction of auditing as an agency of organizational change has no measured consideration of benefits as well as pos sible dysfunctional effects. Although cost compliance has been introduced, audit and related monitoring ideas continue to be understood critically. In this respect, it is reasonable to suggest that auditing is an ideology driven for disciplining and controlling both the public and the private sector, yet it is not because auditing is not an instrument of genuine accountability. Therefore, to analyze the consequences of auditing, it is important to focus on the development of understanding auditing deeply (Powe, 2004:27). This broader understanding of auditing is the performance measures and other forms of accounting which provide an auditable front stage of an organization. The first consequence of auditing is that many performance indicators are produced but are not edited. Such facts are evident, and the UK Audit Commission is actively shaping these performance measures to enable genuine audit and inspection. However, just because a performance measure is not audited does not mean that it was not designed with potential audibility in mind. Another consequence is the growing population of auditees. This fact brings out the evidence that shows how different games of compliance creativity are played around the audit
Sunday, November 17, 2019
In-court identification Essay Example for Free
In-court identification Essay In a criminal prosecution, the positive identification of the accused would most likely result in conviction. The likelihood that the defense would contest or suppress in-court identification by prosecution witnesses is therefore high. Over the years, our courts have formulated rules regarding the propriety of suppressing in-court identification by witnesses. The accuracy of eyewitness identification depends on factors personal to the witness such as: (1) perception; (2) memory; (3) communication; and (4) candor. (Moses, 2001) However, the suppression of in-court identification testimony largely depends upon the admissibility of the out-of-court identification, which preceded it. Such admissibility can be challenged principally on two grounds: first, that it violated the right to counsel of the accused under the Sixth Amendment or, second, that it violated due process. For purposes of this paper, the former will not be discussed since what is involved in the issue at hand is a photographic identification and therefore the accused cannot invoke his right to counsel, be it pre-indictment or post-indictment, since there is no adversarial confrontation involved. (United States vs. Ash, 1973) The case most applicable is Manson vs. Brathwaite, 432 U. S. 98 (1977). The facts of the case are: Glover, a trained undercover state police officer purchased heroin from a seller through the open doorway of an apartment while standing for two or three minutes within two feet of the seller in a hallway illuminated by natural light. A few minutes later Glover described the seller to another police officer as being a colored man, approximately five feet eleven inches tall, dark complexion, black hair, short Afro style, and having high cheekbones, and of heavy build. The other police officer, suspecting from the description that respondent might be the seller, left a police photograph of respondent at the office of Glover, who viewed it two days later and identified it as the picture of the seller. (Manson vs. Brathwaite, 1977) The court identified two issues. First, whether the police used an impermissibly suggestive procedure in obtaining the out-of-court identification. Second, whether, under all the circumstances, that suggestive procedure gave rise to a substantial likelihood of ââ¬Å"irreparable misidentification. â⬠(Manson vs. Brathwaite, 1977) As to the first inquiry, the court held that the photographic identification was ââ¬Å"impermissibly suggestiveâ⬠and ââ¬Å"unnecessarily so. â⬠(Manson vs. Brathwaite, 1977) However, the court ultimately ruled in favor of the admissibility of the photographic identification and did not take a per se exclusion route as what happened in the case of Stovall vs.Deno, 388 U. S. 293 (1967), which declared that the evidence of an out-of-court identification is inadmissible if the evidence revealed that the out-of-court confrontation was so unnecessarily suggestive and conducive to irreparable mistaken identification that he was denied due process of law. The court declared that ââ¬Å"reliability is the linchpin in determining the admissibility of identification testimonyâ⬠(Manson vs. Brathwaite, 1977) The Court relied upon several factors, the ââ¬Å"Biggers factorsâ⬠(George, 2005, p. 9), that provide the basis in determining whether the witness had a picture of the perpetrator in his or her mind before the police suggestiveness occurred: 1) the amount of time or opportunity to view the suspect during the crime; 2) the witnessââ¬â¢s degree of attention while viewing the suspect (casual observer or victim); 3) the accuracy of the description given prior to the identification procedure; 4) the witnessââ¬â¢ level of certainty; and 5) the time between the offense and the identification. (Neil vs. Biggers, 1972) In the issue at hand before us, it must be determined: first, whether or not the photographic identification procedure was ââ¬Å"impermissibly suggestiveâ⬠and ââ¬Å"unnecessarily soâ⬠; second, whether or not the ââ¬Å"totality of the circumstancesâ⬠(Manson vs. Brathwaite, 1977) would show that the identification made was indeed reliable. First, it is submitted that the out-of-court identification by the tellers are impermissibly suggestive and unnecessarily so. According to the cases of Manson v. Brathwaite, 432 U. S. 98 (1977) and Mason v. United States, 414 F. 2d 1176 (D. C. Cir.1969), showing a single photograph is highly suggestive and the suggestivity is unnecessary unless there are compelling circumstances which would show otherwise. The act of the police officer in showing to one of the tellers the photograph of the defendant is considered unnecessarily suggestive as laid down by jurisprudence. The inquiry therefore which needs to be addressed is, whether or not the out-of-court identification by the tellers is reliable, regardless of the impermissible and unnecessary suggestive procedure conducted by the police officer a few day after their statements were noted. It is submitted that the out-of-court identification by the tellers are not reliable for the following reasons. First, there are no facts which suggest the amount of time or opportunity the tellers had in viewing the suspect during the commission of the robbery nor the witnessesââ¬â¢ degree of attention while viewing the suspect. Second, the level of certainty of the tellers as to the identity of the accused is highly contentious. That one of the tellers called up the police station and identified the defendant as the robber is not reliable because of the fact that she had seen a report on television the previous night regarding the arrest of the defendant. Such circumstance can be regarded as ââ¬Å"suggestive. â⬠Her ââ¬Å"beliefâ⬠that the arrested person is the robber is not a sufficient indicia of reliability and certainty on the part of the witness. Also, the identification by the other teller of the defendant as the robber by pointing to a picture of him in a newspaper article about the arrest is suggestive and highly suspect for the same reason. Moreover, the police officer conducting the investigation could have tested the assertions of the witnesses by conducting a line-up or photographic array identification subsequent to the taking of statements. But he did not. It is therefore concluded that the in-court identification by the witnesses should be suppressed for being made under impermissible and unnecessary suggestive procedure and for being unreliable considering the totality of all circumstances. WORKS CITED: George, A. (March, 2005). ââ¬Å"Thatââ¬â¢s the man who did it! â⬠Identification Evidence Under the 5th and 6th Amendments. â⬠Retrieved November 2, 2006, from http://www.fd. org/pdf_lib/Due%20Process%20Under%205th%20Amendment. pdf Moses, R. (2001). Misidentification: The Caprices of Eyewitness Testimony in Criminal Cases. Retrieved November 2, 2006, from http://www. criminaldefense. homestead. com/eyewitnessmisidentification. html Motions to Suppress Eyewitness Identification Testimony. Retrieved November 2, 2006, from http://www. pdsdc. org/Cpi/CH_21. pdf. LEGAL SOURCES: Manson vs. Brathwaite, 432 U. S. 98 (1977). Mason v. United States, 414 F. 2d 1176 (D. C. Cir. 1969). Neil vs. Biggers, 409 U. S. 188 (1972). Stovall vs. Deno, 388 U. S. 293 (1967). United States vs. Ash, 413 U. S. 300 (1973).
Friday, November 15, 2019
Antibacterial Soap Essay -- Critical Thinking Essays
Antibacterial Soap Dial antibacterial soap advertises that it is "over 10x more effective at killing disease-causing germs than ordinary liquid hand soaps"(1). To the average consumer a soap with the ability to kill more germs seems to be more effective. But is a more powerful antibacterial soap always better? Various studies suggest that antibacterial soaps can be harmful and may lead to problems like super bugs, dry skin, and hand eczema. According to current research antibacterial soaps are no better than traditional soaps when it comes to house hold use. Antibacterial cleaning agents have fast become a popular alternative to traditional cleaning products. These soaps, shampoos, dishwashing detergents, and toothpastes are marketed as antibacterial products and have become popular household items. In fact 75% of liquid soaps and 30% of bar soaps on the market are considered antibacterial(2). These antibacterial products are so popular because they are intended to decrease bacteria. They wipe out more germs than regular soap. This means that they should decrease a person's chance of getting sick. As Janet Donohue of www.germsmart.com suggests "they kill germs, thus breaking the cycle of infection"(3). In addition to killing germs some antibacterial products are easier to use than traditional soap and water. For example, there are many hand sanitizers that do not require water. A user simply applies the soap to his hands and the dirt "disappears". These products seem magic, but as we know magic does not exist in science. To fully understand how antibacterial products work one must learn how soap works. Soap consists of an acid and a base(4). The acid known as triglycerides mixes with the base sodium hyd... ...than trying to wipe bacteria out we should work on limiting our exposure to too many harmful bacteria with traditional soaps, shampoos, dish detergents, and toothpaste. Internet Sources: 1)How Stuff Works Site, This site gives answers to simple science questions. http://www.howstuffworks.com/question692.htm 2)Health at OZ site, http://www.healthatoz.com/atoz/healthupdate/alert09192000.html 3)United States Health and Human Services, This is a copy of the report given on antibiotic http://www.fda.gov/bbs/topics/NEWS/NEW00736.html 4), Germ Smart site, http://www.germsmart.com/ 5), Doctors Guide, http://www.pslgroup.com/dg/F3d6a.htm 6) Nurse Week Article , http://www.nurseweek.com/features/98-10/soap.html 7) MSNBC Report , Buissness Journal, http://msnbc.msn.com/news/608082.asp?cp1=1 8) Dial Soap Site, http://www.dialsoap.com/
Tuesday, November 12, 2019
Perfume Suskind
Interactive Oral: Debate Title: How was your understanding of cultural and contextual considerations of the work developed through the interactive oral? The setting of Perfume was crafted accordingly to authorââ¬â¢s intention so that the main character would develop specific characterizations that will later on, lead him to make a decision whether to live or to die.Suskind does this by placing Grenouille, who has a keen sense of smell in the 18th century France and distinctively allowed the plot to develop and establish in a setting of a malodorous and a scent-conscious society, where people were obsessed with pleasurable scent and uses it distinguish themselves within the hierarchy. In addition, Suskind hinted that smell is depicted more than merely the ingredients of a perfume but could also be a resemblance as the scent of a personââ¬â¢s soul, thus he made a correlation between the existences of with the existence of a personââ¬â¢s soul.Hence in Perfume, scent has become the crucial factor in determining the human soul, the identity of oneself. Suskind also made a point where your own smell will give away your identity like the poor would have malodorous smell but ironically, he decided to leave the main character scentless. Grenouille was isolated simply because in the eyes of the society, he does not have the substance (body odour) that established his identity as a human being. Moreover, Grenouille also decided to detach himself away from the society because he does not have the need to establish relationships.Through isolation and detachment, Suskind have effectively molded the main characterââ¬â¢s psychological state of mind by limiting Grenouilleââ¬â¢s knowledge and only allowed him to gain knowledge through smell and scent rather than language itself so that Grenouille only understood that things that smells, exist. During an epiphany and Grenouilleââ¬â¢s encounter with the ââ¬Å"fogâ⬠, he discovered and learnt the truth that h e does not bear a smell or scent (based on his knowledge and understanding) and he belonged nowhere within the hierarchy, he felt his own personal identity is hindered almost as though he does not fully exist.The cumulated awareness has aided him to realize upon the ultimate truth that he was indeed born scentless and can never own a scent. Upon discovering and understanding the final truth, he decided that his existing life has bared no significance to himself, hence leading to his choice to die. Perfume was written in such a way that it indirectly criticizes the humanââ¬â¢s nature ââ¬â the endless greed through Grenouille, where he chooses to pursue after something that is beyond his competence. (408) Grenouille reached an epiphany when he encountered the ââ¬Å"fogâ⬠in his dreams.The fog indirectly symbolizes as the ultimate truth which he has not explored and fully implicit. Grenouille only understood that he could not smell the fog hence the fog implies as a non-ex istent thing. This is how he had a realization that he is nonexistent. Again Suskind successfully correlate scent as identity. The moment he realized that the fog is a part of him, he had internal conflicts where he understood that he does not have an identity based on his understanding. He realized that he belonged nowhere in the hierarchy ââ¬â hence only understood that his personal identity is hindered because he does not have smell of his own.When Grenouille realized that he was scentless and found himself to be nowhere within the category, he felt his own personal identity is hindered almost as though he does not fully exist. Hence such understanding has led him to an internal conflict where he realized that he was born scentless and his created scent could never be his thus leading to his choice to die. The setting was crafted in such way that it affects the main characterââ¬â¢s psychological state of mind and its characterizations towards the choices. (332)
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